OA 4336 of 2016 DSC 2008 Notional Increments APAT Order

OA 4336 of 2016 DSC 2008 Notional Increments APAT Order. DSC 2008 Teachers have filed in AP Tribunal for fixation of their seniority w.e.f. 3/11/2010 on par with candidates who were appointed earlier.
Application filed under Section 19 of the Administrative Tribunals Act ,1985 praying this Tribunal to declare that the applicants are entitled to fix their seniority w.e.f. 03.11.2010 on par with candidates who were got appointment earlier to the applicants like the unofficial respondents in same DSC-2008 and consequently fix their seniority w.e.f. from the said date with all consequential benefits like arrears of salary, and fixation of Revised Pay Scales in RPS 2015 by extending all the monetary benefits accrued as per G.O.Ms.No. 25 dt.18.03.2015 by holding the action of the respondents not fixing the seniority on par with candidates who got issued appointment orders earlier like the unofficial respondent and not fixing their pay in RPS 2015 as per above G.O.Ms.No. 25 dt.18.3.2015 is dearly illegal, arbitrary, discriminatory unjust and for no fault of them and candidates drawing more pay which is violative of Fundamental Rules.

OA 4336 of 2016 DSC 2008 Notional Increments APAT Order

This Original Application having come up for hearing today, the Tribunal made the following:

::ORDER:: 

O.A.No. 4336 of 2016

[ORAL ORDER AS PER HON’BLE SRI N.JANAKI RAMA RAO, JUDICIAL MEMBER]

  1. The case of the applicants is that they were fully eligible and qualified for appointment to the post of S.G.Ts. While so, the respondents have issued a notification in the year 2008 for various posts of Teachers. In pursuance to the same, the applicants have participated in the selection process and got selected, but they were not given appointment orders. The respondents have notified 1403 posts of S.G.Teachers. After completion of the selection process, in the first spell, they appointed some candidates, vide proceedings No.12311/A8/2008, dated 3.11.2010. Though the applicants were selected along with them, they were not given appointment orders due to various administrative reasons and subsequently they were appointed on 21.1.2012. 
  2. 2. That, as the applicants were also got selected in the same DSC-2008, but were not given appointment orders due to administrative delay and as such, they are eligible and entitled for their seniority on par with those candidates, who were given appointments in the first spell, i.e., on 3.11.2010, as per their merit. 
  3. 3. Learned Counsel for the applicants submitted that similar issue fell for consideration before this Tribunal in O.A.No.7327/2011 with VMA.No.1262/2012, dated 26.4.2016 and O.A.No.4800/2015 and batch, dated 5.11.2015 (DSC-2012) wherein the Tribunal granted notional seniority to the applicants therein on par with the candidates recruited through DSC-2012 and also notional fixation of pay and monetary benefits from the date of their joining service. 
  4. 4. The respondents filed a counter-affidavit reiterating the averments made in the O.A. and further contending that though the applicants were selected in DSC-2008, due to non-availability of the vacancies they were not given appointment orders immediately along with the candidates, who were given appointment orders, vide proceedings dt.3.11.2010.
  5. 5. Learned G.P. submitted that the State of Andhra Pradesh issued G.O.Ms.No.62, Edn., dated 29.10.2010, whereby Rules were promulgated, which is known as “The Andhra Pradesh Direct Recruitment of Teachers (Scheme of Selection) Rules, 2008”. Rule 7 of the said Rules deal with issue of appointment orders and it reads as follows: - 
“Appointment orders shall be issued to the extent of available clear vacancies of the SGT posts which are to be filled up strictly in accordance with G.O.Ms.No.161, Education (Ser.VI) Department, dated 6.12.2008 and G.O.Ms.No.28, Education (Ser.VI) Department, dated 29.1.2009. A review of availability of vacancies shall be made quarterly with the approval of District Selection Committee until filling up of entire notified SGT posts in DSC-2008 notification, based on the retirement and promotion vacancies arose in the concerned districts. Every appointment order shall exclusively state that the appointment orders now issued are subject to outcome of cases pending before various courts and informing that the teachers shall be under apprenticeship for a period of two years initially.”
  • In pursuance to the said Rules, the respondents have reviewed and found some more vacancies and in those vacancies posting orders were issued to the applicants. G.P. further submitted that the applicants have neither questioned the Rules issued in G.O.Ms.No.62, dt.29.10.2010 nor their appointment orders where under it is clearly mentioned that the appointment is with prospective effect only and as such, they cannot claim notional seniority. 
  • 6. Heard both sides and perused the material papers on record. 
  • 7. The applicants, who have participated in the selection process of DSC-2008 got selected, but the appointment orders were not given to them along with other candidates, vide proceedings 3.11.2010. In view of issuance of G.O.Ms.No.62, the respondents have found clear vacancies and appointed the applicants in the year 2012. As the applicants also got selected in the year 2008 and were appointed basing on the merit and ranking obtained in DSC-2008 only, they are entitled for seniority as per their merit and ranking in DSC-2008. 
  • 8. Similar issue came up for consideration before this Tribunal in O.A.No.4800/2015 and batch, dated 5.11.2015 (DSC-2012). Paras 10 and 11 are relevant and they are as follows: - 
    “10. In similar circumstances, the Division Bench of this Tribunal disposed of O.A.No.1020/2012 with CA.326/2012 and VMA.520/2012, dated:11-7-2014 with a direction to consider and accord notional seniority to the applicants on par with the candidates recruited through DSC-1996, without monetary benefit. However, they are entitled for seniority and notional pay fixation till the date of joining service.
    11. In view of above, the respondents are directed to consider and accord notional seniority to the applicants on par with the candidates recruited through DSC-2012. The applicants are also entitled for notional fixation of pay and for payment of monetary benefits from the date of joining service. Accordingly, the O.As are allowed. No costs.”
  • In view of the above orders passed by the Tribunal, the applicants herein are also entitled for the same benefit. 
  • 9. Having regard to the facts and circumstances obtaining in the case and for foregoing reasons, the respondents are directed to consider and accord notional seniority to the applicants on par with the candidates recruited through DSC-2008. The applicants are also entitled for notional fixation of pay and monetary benefits from the date of their joining service. The above exercise shall be completed within a period of three months from the date of receipt of copy of this order.

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