Teachers Covered under 610 GO are Eligible for Promotions as per RC.2319

Teachers Covered under 610 GO are Eligible for Promotions: PROCEEDINGS OF THE DIRECTOR OF SCHOOL EDUCATION TELANGANA: HYDERABAD. Rc.No.2319/Ser.lV-212013;Dated:04.07.2015

Subject: School Education – O.A.s filed by certain Teachers who were repatriated under GO 610 and are continuing on court orders – seeking for promotions – Instructions – Issued.

Reference:

  1. CA.No. 1108/2013 in OA.No. I 043/2013 filed by Smt. K. Vijaya Laxmi, SGT, PS (G) Chintagattu, Hsanparthy Mandal, Warangal district.
  2. C.A.No. 110712013in 0.A.No. 1042/2013 filed by Smt. K. Radha Devi, SGT, PS KC Camp, Hasanparthy,Warangal.district.
  3. O.A No. 49112012 filed by Smt.L. Rajeswari, SGT MPPS Tatipally, Jagityal Mdl. Karirnnagar district.
  4. O.A.No. 700/2012 tiled by Smt, Sharnadatta, Karimnagardistrict.
  5. O.ANo. 189/2012 filed by Sri. T. Ranga Rao and 4 others of Medak
  6. O.A.No. 2866/2015 filed by Sri. J. Rajanna, SGT, MPPS Bapanbaithanda, Thungathunhy Manda!, Nalgonda district.
  7. O.A.No. 2278/2015, O.A.No. 2279/2015, 0.A.No. 2277/2015, O.A.No. 2280/2015 & O.A.No. 2276/2015 filed by teachers working in Hyderabad district.
  8. This office Lr.Re.No. 1685/Ser.IV-2/2015, 18/0612015.
  9. Opinion of the Government Pleader, School Education Dept., APAT, Hyderabad dt. 29.62015.

The attention of all the District Educational Officers in the State are invited to the references read above and they are informed that the teachers who are under repatriation orders under GO 610 and continuing on court orders are now seeking for promotions where they are continuing or working in the Districts and certain teachers have filed OAs before the Hon’ble Tribunal, Hyderabad seeking for their promotions.

In view of the above the matter was addressed to the Government Pleader, School Education Dept., APAT, Hyderabad seeking for his opinion vide this office letter 8th read above, and the Government Pleader has given opinion in all cases vide reference 9th read above as follows:

“I am of the opinion that the individuals claim for promotion in the present unit of appointment may be considered subject to the result of the re-drawal of the list, as per her eligibility and seniority in accordance with the rules.”

The Hon’ble APAT in the O.A.s No. 1042/2013 Dt. 12/02/2013 issued the following order: “OA is disposed of as a covered matter in terms of the Tribunal in OA.NO. 5931/10 Dt. 2411212012 with a direction to the respondents to consider the case of the applicants for promotion to the post of SA (SS) as per her existing seniority, till the lists are drawn by applying the ration of 70:30 for the prior to 01/06/2001.”

The same orders challenged in Hon’ble High Court in W.P.No. 38125/2013 and court issued orders on 11/0212014 as follows:
“This issue has already been decided by the Tribunal in O.A.No. 5931/10 dt.24/12/2012. Therefore that order has become final. Following the.said order the Tribunal rightly passed the impugned order directing to the respondents to consider the case of the applicant for promotion to the post of SA as per their seniority till the list is re-drawn by applying ratio 70:30 for the period prior to 01/06/2001. Therefore, when there is no illegality in passing the impugned order. The WP is liable to be dismissed. “

In view of the Hon’ble High Court orders in W.P.No. 38125 of 2013 and opinion rendered by the Government Pleader in the matter, the following direction are issued to the District Educational Officers in the State for taking necessary action in the matter.

  • The teachers who are under repatriation and appointed before 01/06/2001 are also eligible for consideration to the promotion within the district/zone as the case with following considerations subject to fulfilment of other service/qualification conditions/ other court directions.
  • They shall be repatriated to parent district on reversion immediately after the receipt of Government orders for Repatriation as per 70:30 ratio as directed by Hon’ble High Court.
  • They shall not claim any seniority in the promoted post.
  • They are eligible for counting of seniority from the date of joining in the promoted post subject to court cases pending if any and final orders thereon.

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