Allowed

B. Rajesh, v. The State of Andhra Pradesh

Andhra Pradesh HC2 May 2022WP/5521/2021

Case brief

AI extract

What is this about?

A Single Judge of the High Court held that Scheduled Caste Secondary Grade Teachers are entitled to undergo B.P.Ed. with pay and allowances to be promoted as School Assistant (Physical Education). The Court set aside an impugned memo rejecting the benefit under G.O.Ms.No.342 (1977) as the restriction was arbitrary and contrary to the policy.

What did the court decide?

The impugned Memo No.13022/58/2020-EST.3 dated 11.01.2021 was set aside and the respondents were directed to extend the benefit under G.O.Ms.No.342, 1977 for B.P.Ed. training.

B. Rajesh, Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.5521 of 2021

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O R D E R:

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This writ petition has been filed against the action of the Respondents in not considering the request of the petitioners to undergo B.P.Ed. with pay and allowances vide impugned Memo No.13022/58/2020-EST.3, dated 11.01.2021, as illegal, arbitrary, unjust, improper, contrary to special rules issued in G.O.Ms.No.12, School Education (Ser.II) Department, dated 23.01.2009.

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On behalf of the Respondents, a counter-affidavit has been filed.

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Heard learned counsel for the petitioners and the learned Government Pleader for Services-III appearing for the Respondents. Perused the material available on record.

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The case of the petitioners is that all the petitioners belong to Scheduled Castes and possessed D.Ed. qualification. The petitioners were appointed as Secondary Grade Teachers in the year 2008 and 2010 respectively through due process of selection and now they are working as Secondary Grade Teachers. The Secondary Grade Teacher is the feeder category for promotion to the post of School Assistant. All the

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petitioners will become eligible for promotion to the post of School Assistant (Physical Education), if they acquired B.P.Ed. qualification. As per Rule 5 of A.P School Educational Subordinate Service Rules, 2009, School Assistant (Physical Education), must possess a Bachelor Degree and a Degree in Physical Education.

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Learned counsel for the petitioners submits that the Government of Andhra Pradesh issued G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977 wherein it is decided that in cases where the acquiring of higher educational qualifications in pre-requisite for further promotion according to the rules, the Scheduled Caste and Scheduled Tribe employees should be deputed for higher studies within the country with full pay and allowances subject to certain conditions. In the present case, the petitioners are fulfilling the conditions stipulated in G.O.Ms.No.342, dated 30.08.1977 to get the benefit under the said G.O. and accordingly, the petitioners submitted representations on 04.12.2020 and 05.12.2020 requesting the Respondents to consider their case to undergo higher studies of B.P.Ed. with pay and allowances. But, the 2^nd Respondent issued impugned Memo No.13022/58/2020-EST.3, dated 11.01.2021, rejecting the request of the petitioners stating that in similar issue the Government have issued instructions in Memo No.ESE01-

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SEDNOCSE/145/2018 Ser.II, dated 22.05.2019 not considering the request of the SGT to undergo B.P.Ed. with pay and allowances as B.P.Ed., is not a pre-requisite for promotion in the case of SGT. Aggrieved by the said Memo rejecting the request of the petitioners, the present writ petition is filed.

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In the counter-affidavit filed by the Respondents, it is contended that the petitioners, who belong to Scheduled Castes, are working in the cadre of SGT have submitted proposals through the Mandal Educational Officers to undergo B.P.Ed. with full pay and allowances as per G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977. While the matter was pending with the District Educational Officer, Vizianagaram, the petitioners approached the 2^nd Respondent on 04.05.2021 and 05.05.2021 with a request to consider their case to undergo B.P.Ed. with pay and allowances. Subsequently, on behalf of the Scheduled Caste and Scheduled Tribe Teachers of Andhra Pradesh, Bahujan Teachers Association (BTA) also submitted representation, dated 11.12.2020 to permit the eligible candidates to undergo B.P.Ed. with pay and allowances.

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The qualifications of the petitioners are furnished as follows:

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(1) B. Rajesh, SGT - studied B.Sc., D.Ed. (2) M. Chandra Rao, SGT - studied B.Sc., D.Ed. (3) A. Suri Babu, SGT - studied B.Sc., (BZC), B.Ed. (4) M. Vijay Kumar, SGT - studied B.A., D.Ed.

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As per the qualification of the petitioners at serial No.1, 2 and 4, they possess Bachelor Degree and D.Ed. and so far as the petitioner at serial No.3 is concerned, he possess Bachelor Degree and Bachelor of Education too.

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It is contended by the Respondents that as per the norms of G.O.Ms.No.342, it gives opportunity for higher studies wherein said qualification is pre-requisite for further promotion. In the case of petitioners their next promotion channel is School Assistant and for that they are eligible to avail the opportunity for B.Ed., that too only for petitioners 1, 2 and 4 and so far as the petitioner No.3 is concerned, he already possessed the B.Ed. which itself is enough qualification for School Assistant and so petitioner No.3 is not eligible to avail benefit under G.O.Ms.No.342.

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The Respondents further contended that it is true that G.O.Ms.No.12 prescribed the qualification for School Assistant (Physical Education) is mentioned as must possess a Bachelor Degree and a Degree in Physical Education. As such, they contended that said promotion channel is for the Physical

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Education Teachers and though it is true that the petitioners’ qualification is not eligible for said post, but they do have other promotion posts of School Assistant in their respective subjects. It is also submitted by the Respondents in a similar case the Government vide Memo No.ESE01-SEDNOCSE/145 Ser.II, dated 22.05.2019 has rejected the case of the individual that SGTs are not eligible to undergo B.P.Ed. as per G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977, as B.P.Ed. is not a pre-requisite for promotion. Accordingly, the 2^nd Respondent has informed the petitioners and BTA Association of A.P. vide impugned Memo that request of the petitioners to undergo B.P.Ed. training with full pay and allowances is not considerable, as B.P.Ed. is not a prerequisite qualification for the post of promotion.

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The Respondents further contended that the G.O.Ms.No.342 is speaks about pre-requisite for further promotion and is silent with regard to promotion to different categories and petitioners are eligible for promotion. As SGTs are having their direct access for promotion as School Assistants with B.Ed., Government have not considered the request of SGT to undergo B.P.Ed. with pay and allowances with the approval of Finance Department vide Memo, dated 22.05.2019. As such, the contention of the petitioners that rejecting their right of career progress is a baseless averment.

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It is also contended by the Respondents that if SGTs are also allowed to undergo B.P.Ed. course with pay and allowances for 2 years, it severely effects the instruction in schools for 2 years and also financial burden to the Government and finally the Respondents sought to dismiss the writ petition.

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Having heard the submissions of the respective counsels and upon perusal of the material available on record, it appears that the State Government issued G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977 basing on the recommendations of the State Harijan Conference held in April, 1976 that employed Scheduled Caste and Scheduled Tribe persons should be deputed for Higher Education within the country on full pay basis. It appears the State Government carefully examined the said recommendations with reference to certain categories of employment in Government for acquiring of higher qualifications in prerequisite further their career. Accordingly, the Government of Andhra Pradesh took policy decision that in cases where the acquiring of higher educational qualifications in pre-requisite for further promotion according to the rules, the Scheduled Caste and Schedule tribe employees should be deputed for

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higher studies within the country with full pay and allowances. The facility will however, be subject to certain conditions.

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On careful perusal of the G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977, it is clear that the State Government took policy decision and issued that G.O. to give an opportunity to SC/ST employees to acquire pre-requisite qualification for further promotion with full pay and allowances.

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In the present case the petitioners, who belong to Scheduled Castes and working as Secondary Grade Teachers (SGT) requested the Respondents to provide benefit of G.O.Ms.No.342 to them to undergo B.P.Ed. course with pay and allowances, with intention to get promotion to the post of School Assistant (Physical Education).

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Admittedly, as per G.O.Ms.No.12, School Education (Ser.II) Department, dated 23.01.2009, the qualification prescribed for School Assistant (Physical Education) is one must possess Bachelor Degree and B.P.Ed., to get promotion for the post of School Assistant (Physical Education), a Degree in Physical Education is must.

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Under this factual position, rejecting the request of the petitioners by the Respondents contending that they are

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not eligible to undergo B.P.Ed., as B.P.Ed., is not pre-requisite for promotion and also the contention of the Respondents that the petitioners are not entitled for the benefit provided under G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977 is unsustainable and untenable.

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There is no material placed before the Court by the Respondents with respect to the Memo No.ESE01SEDNOCSE/145/2018 Ser.II, dated 22.05.2019 to accept their contention that they have rejected the case of the individual in similar circumstances stating that SGTs are not eligible to undergo B.P.Ed.

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The contention of the Respondents is that in the case of petitioners, their next promotion channel is School Assistant, for this they are eligible to avail the opportunity for B.Ed. that too only for petitioner Nos.1, 2 and 4 and so far as the petitioner No.3 is concerned, as he already possess B.Ed., degree, which itself is enough qualification for School Assistant and so petitioner No.3 is not eligible to avail advantage under G.O.Ms.No.342. This contention is not acceptable to the Court.

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As and when the petitioners are entitled for promotion to the post of School Assistant (Physical Education) also, if they possess a Bachelor Degree and a Degree in

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Physical Education as per the Rules, the contention of the Respondents that the next promotion channel to the petitioners is only School Assistant in respective subjects and to get that promotion petitioner Nos.1, 2 and 4 have to undergo B.Ed., training is not justifiable. The Respondent Nos.1 and 2 deprived the petitioners by mis-interpreting the G.O.Ms.No.342.

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Admittedly, as per G.O.Ms.No.12, School Education (Ser.II) Department, dated 23.01.2009, those persons, who are working as Secondary Grade Teachers if they possess a Bachelor Degree and a Bachelor Degree in Physical Education, they will be promoted to the post of School Assistant (Physical Education), the Respondents without permitting them to undergo B.P.Ed., forcing them to undergo B.Ed., is irrational and unreasonable. It is for the petitioners to decide to acquire qualification prescribed under rules to get promotion to the post of School Assistant (Physical Education) or School Assistant in respective subject. The Respondents cannot insist the petitioners to have promotion for the particular post. As such, in our view, the petitioners are entitled to undergo B.P.Ed. course to have promotion for the post of School Assistant (Physical Education) as per relevant rules.

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As and when, in way back in the year 1977, the State Government took policy decision, which is very laudable

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to provide benefit to the employees of Scheduled Caste and Scheduled Tribe categories to depute for higher studies within the country with full pay and allowances, in cases where the acquiring of the higher educational qualification is prerequisite for further promotion, the action/decision of the State Government at present would cause injustice to the petitioners to get that benefit by rejecting their legitimate claims. It is nothing but depriving their constitutional and statutory rights. This Court is expressing its displeasure and anguish towards the attempt made by the State Government to nullify the benefit provided to Scheduled Caste and Scheduled Tribe employees in the year 1977 through the policy decision of the State Government. As such, in our considered opinion, the decision of the Respondents in rejecting the request of the petitioners to extend benefit under G.O.Ms.No.342 is illegal, arbitrary, unjust and contrary to the policy decision of the State Government issued vide G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977 and also against to the interest of the Schedule Caste and Scheduled Tribe employees.

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Accordingly, this Court holds that the impugned Memo No.13022/58/2020-EST.3, dated 11.01.2021, issued by Respondent No.2, is unsustainable under law and contrary to the policy decision of the Government issued in

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G.O.Ms.No.342, Social Welfare (B3) Department, dated

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30.08.1977 and it is liable to be set aside.

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This Court further holds that the petitioners are entitled for the benefit provided under G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977

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For the above said reasons, the writ petition is allowed with the following directions:

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(i) The impugned Memo No.13022/58/2020-EST.3, dated 11.01.2021, issued by Respondent No.2, is set aside.

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(ii) The Respondents are directed to extend the benefit provided under G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977, to the petitioners to undergo B.P.Ed. training.

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There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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______________________ JUSTICE BATTU DEVANAND

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Date:02.05.2022

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Note: Furnish C.C. by tomorrow.

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B/o PGR

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.5521 of 2021

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Dt.02.05.2022

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PGR

B. Rajesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B. Rajesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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