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2 AKS, J & SK, J W.P.No.8831 of 2008

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 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 petitioner and the Tribunal was justified in dismissing the O.A.No.2885 of 2005.