Director
of School Education Vs. T. Lakashmaiah & Ors [1997] INSC 373 (2 April 1997)
K.
RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
Present:
Hon'ble
Mr. Justice K. Ramaswamy Hon'ble Mr. Justice D.P. Wadhwa Anil Kumar Tandale,
Adv. for the appellant O R D E R The following order of theCourt was delivered:
This
appeal by special leave arises fromthe order of the Andhra Pradesh
Administrative Tribunal, Hyderabad in R.P. No.767/81, made on June 26, 1985. The Tribunal has allowedthe
representation petition, solely on the ground of defaulton thepart of the appellantto
filethe counter- affidavit. Therein they had claimed the benefit of graded
increments depending upon the length of service in terms of G.O.Ms.No.41,Financeand
Planning (in Wing.PRC-I) dated 4.2.1980.
The
admitted position isthat the respondentswere workingin thepost ofSenior
Assistant Grade-II in the pay scale of Rs. 200-240/-.They were promoted to
Grade-I in the scale of Rs. 430-800/-. The Government passed an order in G.O.Ms.No.
235, dated September 7,
1979, effectivefrom April 1, 1978,granting the revised pay scales. As
stated earlier, G.O.Ms. No. 41, Fin., dated4.2.1980 gives the benefitas under :
"Weightage
for servicein the existing post or categoryshall be asfollows in therevisedscale
of pay, 1978.
(i)
All employeesin Gr. I to XVII shall be allowed one increment for service of
three years and above upto five years, two increments for service of five years
and above upto seven years,three increments for service of service seven years
and above." The question, therefore, is : whether the respondents are
entitled tohave their entire previous service as Trade- II teacher lagged to
count the advance increments in terms of G.O.Ms. No.41, referred to earlier. Itspecifically
envisages "weightage of service in the existing post or category". It
would indicate that the weightage for the servicerendered in the existing postor
category in which they are working shall be taken intoaccount in terms of G.O.Ms.No.
41. In other words, if Grade-I teacher remains in Grade-I service evenafter
putting in five years service, he is entitledto oneincrement; after five to
seven years service, he entitled to two increments; and for service of seven
years andabove, he is entitled to there increments as outer limit. On his promotionto
Grade II from Grade-I in the scale of Rs. 430-800/-, necessarily on his
rendering servicein that post or category, namely, Grade-I, on his puttingin
service ofthree years tofive years, he is entitled to oneincrement; for five to
seven years' service, he is entitledto twoincrements; andfor service of seven
years and above, he is entitled to three increments. He cannot tag on the
previous service in Grade-II for the purposeof claiming the advance increment
in terms of G.O.Ms.No. 41,dated February 4, 1980.
The
appeal, therefore, is allowed. The order of the Tribunal standsset aside. No
costs.
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