Telangana High Court
B. Roseleen vs The Directorof School Edn., 4 Others on 22 September, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.8831 of 2008
ORDER:(Per the Hon'ble Sri Justice Abhinand Kumar Shavili) The writ petition is filed aggrieved by the orders passed by the Administrative Tribunal in O.A.No.2885 of 2005, dated 06.11.2006.
2. Heard Mr. D.Balakishen Rao, learned counsel for the petitioner and learned Government Pleader for School Education for the respondents.
3. It has been contended by the petitioner that she was appointed as a Special Teacher in the year 1989 and subsequently, she was absorbed as Secondary Grade Teacher with effect from 22.04.1992 and the petitioner was further promoted as School Assistant vide proceedings dated 23.10.2002.
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4. Learned counsel for the petitioner has contended that there was a channel for promotion of School Assistant to that of Junior Lecturer and for one to become a Junior Lecturer, M.Sc. is the requisite qualification and the petitioner is a member belonging to the Schedule Caste Community. Learned counsel for the petitioner had further contended that the State Government has taken a policy decision vide G.O.Ms.No.342, dated 30.08.1977, wherein the State Government has permitted members belonging to the Schedule Castes and Schedule Tribes to pursue higher education and during the study leave period, the full salary and allowances would be paid. As petitioner got admission into M.Sc (Zoology) course in Kakatiya University, the petitioner has applied for study leave in terms of G.O.Ms.No.342, dated 30.08.1977 and the respondents were pleased to grant study leave, however, not under G.O.Ms.No.342, dated 30.08.1977. If only the case of the petitioner is considered under G.O.Ms.No.342, dated 30.08.1977, she would be entitled for full pay and allowances during the study period. When the case of the petitioner was not considered and when it was rejected vide proceedings dated 3 AKS, J & SK, J W.P.No.8831 of 2008 22.04.2005, the petitioner has filed O.A.No.2885 of 2005 before the Administrative Tribunal and the Tribunal vide orders dated 06.11.2006 was pleased to dismiss the case without appreciating any of the contentions raised by the petitioner. Therefore, appropriate orders be passed in the writ petition by setting aside the orders of the Tribunal in O.A.No.2885 of 2005, dated 06.11.2006 and further direct the respondents to treat the study leave of the petitioner under G.O.Ms.No.342, dated 30.08.1977.
5. Learned Government Pleader appearing for the respondents had contended that for one to become eligible for the benefits of the G.O.Ms.No.342, dated 30.08.1977, one of the conditions is that the petitioner must put in at least five years of service in the category from which she was deputed and such persons who have completed five years of service, their study leave can be treated in terms of G.O.Ms.No.342, dated 30.08.1977. Admittedly, the petitioner has not completed five years of service in the category of Senior Assistant and that is the reason the respondents have rejected the case of the 4 AKS, J & SK, J W.P.No.8831 of 2008 petitioner and the Tribunal was justified in dismissing the O.A.No.2885 of 2005.
6. This Court, having considered the rival submissions made by the parties, is of the considered view that the Tribunal has rightly dismissed the said O.A.No.2885 of 2005 preferred by the petitioner, as admittedly petitioner has not put in five years of service in the category of School Assistant, thus making the petitioner ineligible for the benefits of G.O.Ms.No.342, dated 30.08.1977. Therefore, this Court is not inclined to interfere with the orders passed by the Tribunal.
7. Writ Petition is accordingly dismissed. There shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.
_________________________________ ABHINAND KUMAR SHAVILI, J ________________________________ K.SARATH, J Date: 22.09.2022 KL