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2. The brief facts leading to filing of the present writ petition are that the Commissioner & Director of School Education, Government of Andhra Pradesh, Hyderabad, had issued DSC- 2008 notification inviting the applications for various categories of posts including 1066 posts of SGT in Telugu medium in Nizamabad district vide G.O.Ms.No.161 Education (Services-VI) Department, dated 06.12.2008.

LNA,J 2.1. In response to the said notification, petitioner applied for the post of SGT. The 1st respondent has published the selected list of SGT in the month of October, 2010 and as per the selected list, the petitioner secured 46.50 marks and with 3406 rank and she was the next candidate in the category of SC (Women), who secured 46.50 marks and with 3396 rank. One Rajani Priya was selected in SC (Women) category, however, she resigned to the post of SGT. The petitioner submitted representation to the respondents to consider her case as next meritorious candidate from SC (Women) category and the same was rejected by the respondents on 31.12.2010. 2.2. Aggrieved by the same, petitioner approached the APAT vide O.A.No.415 of 2011 and the same was allowed on 02.08.2012. Challenging the same, the respondents approached the High Court by filing W.P.No.2656 of 2013 and the said writ petition was dismissed on 12.03.2013. Contempt proceedings were initiated by the petitioner and subsequently, the respondents issued posting orders to the petitioner and accordingly, petitioner joined as SGT on 01.07.2013. Petitioner is being paid consolidated pay of Rs.3,600/- per month. However, candidates who were appointed in DSC-2008 LNA,J completed their apprentice period and getting regular pay scales.

(i) Order of Division Bench of this Hon'ble High Court in W.P.No.21193 of 2017, 29.06.2017;

LNA,J

(ii) Order of Division Bench of this Hon'ble High Court in WP No.17397 of 2014, dated 20.12.2022

(iii) Common order of Division Bench of this Hon'ble Court in W.P.Nos.21701 and 22011 of 2011.

9. Per contra, according to the learned Government Pleader, petitioner being one of DSC-2008 recruitment candidates, the salary has to be paid in accordance to the pay and allowances as applicable as per rules in force and she was paid the consolidated pay applicable to DSC-2008 recruitees. He submitted that though the apprenticeship period of consolidated pay is abolished, she being one of the employees appointed in DSC-2008, she is not eligible for regular scale on par with DSC- 2008 recruitees. Petitioner had joined into Government service on 01.07.2013 and was not in Government service and claiming notional seniority and regular pay in the post of SGT is not proper as every candidate in DSC-2008 has to serve two years of apprentice period and only after completion of two years of apprentice period, she is eligible for regular time scale as per G.O.Ms.No.161, dated 06.12.2008.

21. The petitioner cannot be deprived of her notional seniority merely because of delay in litigation, and for no fault of petitioner. A right has accrued to petitioner by virtue of declaration and directions issued by the Tribunal on 24.12.2013 directing the respondents to consider sanctioning regular pays scale to the petitioner attached to the post of SGT, based upon her representation dated 10.10.2013 and appropriate orders in this regard be passed within a period of four weeks from the date of receipt of the order and this right should logically result in according seniority on par with selection candidates in DSC- 2008.