GP Legal Opinion on Teachers Promotions 2019 G.P For School Education A.P.A.T

GP Legal Opinion on Teachers Promotions 2019 G:P.For School Education, A.P.A.T. M.VENKATA RAMANA REDDY, G:P.For School Education, A.P.A.T, Hyderabad, State of Andhra Pradesh.  LEGAL OPINION. GP has given legal opinion on initiating promotions to teachers of various managements to K.Sandhya Rani, Commissioner of School Education.
The Legal Opinion of GP is as follows: "With reference to your letter Rc.No. ESE02-12021/38/2018-Estt.11- CSE, dt: 24.10,2018 requesting for offering legal opinion to initiate promotions to the various managements, I am giving my Legal Opinion as here under: "

GP Legal Opinion on Teachers Promotions 2019 G.P For School Education A.P.A.T

  • Mr. A.R.K.D. Tulasi Das, School Assistant (Physical Science) Government High School, Rajamabendravaram, East Godavari District filed OA 2670/2017 declaring para 2A of the A.P Public Employment(Organization of local cadre & regulation of direct recruitment) order, 1975 inserted by issuing A.P Public Employment (Organization of local cadre & regulation of direct recruitment) order, 2017, vide orders G.S.R 638 (E) dt: 20.06.2017 published in the Gazette of India No.5 dt: 23.06.2017 to integrate teachers working in Local bodies (Mandal Parishad &Zilla Parishad) with teachers working in Government School in State of A.P & to organize in both distinct categories to spate integrate cadre retrospectively w.e.f 20.11.1988 as illegal, unjust, arbitrary, discriminatory violative of Articles 14, 16, 21, 243(G), 309, 311 & 371 (D) of the Constitution of India and contrary to A.P Public Employment (Organization of local cadre & regulation of direct recruitment) order 1975 & consequently strike down the impugned Para 2A of the A.P.Public Employment (Organization of local cadre & regulation of direct recruitment) order 1975, with all consequential benefits & pass orders. 
  • Similarly Sri. A.R.K.D. Tulasi Das, has filed another OA 2671/2017 before Hon'ble APAT, Hyderabad declaring entries 23A, 26A, 26B in the 3rd Schedule of AP Public Employment (Organization of local cadre& regulation of direct recruitment) order 1975 increted by issuing A.P Public Employment, (Organization of local cadre& regulation of direct recruitment) order 2017 vide orders in 636 ( E ) dt: 23.06.2017 published in Gazette of India 527 dt: 23,06.2017 to integrate Gazetted Teachers working in local bodies (Mandal Parishad & Local Parishad) with Gazetted Teachers working in Government Schools of the State of A.P & to Organize both these distinct categories into distinct categories to separate integrated cadre retrospectively with respectively w.e.f 16.11.1998 as illegal, unjust, arbitrary, discriminatory violative of Articles 14, 16, 21, 243 (G), 309, 311 & 317 (D) of the Constitution of India & contrary to A.P.Public Employment (Organization of local cadre& regulation of direct recruitment) order 1975, & Consequently Strike down the impugned entries 23A, 26A, 26B in the 3"1 Schedule of the AP Public Employment (Organization of local cadre& regulation of direct recruitment) order 1975 with all consequential benefits and pass appropriate orders.
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  • The Last words of the Legal Opinion of GP as follows:
  1. Pending further order in the OA, the Respondents are directed to consider the case of the applicant for promotion to the post of Gazetted Head Master Grade II as per his seniority and eligibility in his parent unit i.e., Government schools if he is initially appointed in Government Schools and shall pass appropriate orders within a paeriod of 4 weeks.
  2. I have gone through the AP State & Subordinate Service Rules 1996 Rule 10(a)(i) where it is necessary in the Public interest to fill emergently a vacancy in a post borne on the cadre of a service, class or category and if the filing of such vacancy in accordance with the said rules, either by direct recruitment or by appointment by transfer, as may be specified as the method of appointment in respect of that post, in the special rules.
  3. In view of the above facts and circumstances, I am of consider view that it is desirable to accord promotion to the posts of Head Masters from the categories of School Assistants and equivalent cadres and to the post of School Assistants and equivalent cadres from the categories of SGTs and equivalent cadres as per the qualification prescribed by NCTE in NCTE regulation 2014 and by the State Government in Teachers Recruitment Rules, 2018 working in their respective Unit of Managements in the existing vacancies up to the cadre of Head master on purely adhoc basis under Rule 10(a)(i) of the AP State & Subordinate Service Rules 1996, subject to outcome of judgement OA 2670/2017, 2671/2017, 2470/2018 on the file of APAT, with the permission of Government in the matter, as there is no legal impediment to effect promotions to the Teachers in their respective managements up to the cadre of the Head Masters only without unifying the cadres in the Mandal & Zills Parishad Schools to the cadres in the Government Schools under Presidential Order

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