Director of School Education Vs. T. Lakshmaiah and ors. - Court Judgment

Excerpt:
service - promotion - service law - respondent worked in grade ii and promoted to grade i - government order passed granting revised pay scales - whether respondents entitled to had their entire previous service tagged to count advanced increment in terms of government order - weightage for service rendered in existing post in which they were working shall be taken into account if specifically envisaged - held, previous service in grade ii for purpose of advanced increment cannot be tagged as was not specifically envisaged. - land acquisition act (1 of 1894)sections 4 & 6: [r.v. raveendran & p. sathasivam, jj] acquisition of land - initiation of proceeding - except paying an advance and taking possession, gcda did not complete the transaction held, it cannot be said that the land vested in gcda, merely on negotiations and possession, without any declaration under section 6 or an award. consequently the acquisition proceedings initiated by issue of a notification dated 11.8.1987 under section 4(1) of the act, cannot be said to be redundant or unnecessary . order1. this appeal by special leave arises from the order of the andhra pradesh administrative tribunal, hyderabad in r.p. no. 767/81, made on june 26, 1985. tribunal has allowed the representation petition, solely on the ground of default on the part of the appellant to file the 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, finance and planning (in wing. prc-i) dated 4.2.1980.2. the admitted position is that the respondents were working in the post of senior 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, effective from april 1, 1978, granting the revised pay scales. as stated earlier, g.o. ms. no. 41, fin., dated 4.2.1980 gives the benefit as under:weightage for service in the existing priest or category shall be as follows in the revised scale of pay, 1978.(i) all employees in gr.i to xvii shall be allowed one increment for service of three years and above up to five years two increments for service of five years and above up to seven years, three increments for service of service seven years and above.3. the question, therefore, is: whether the respondents are entitled to have their entire previous service as trade-ii teachers a tagged to count the advance increments in terms of g.o. ms. no. 41, referred to earlier. it specifically envisages 'weight age for service in the existing post or category'. it would indicate that the weight age for the service rendered in the existing post or category in which they are working shall be taken into account in terms of g.o. ms. no. 41, in other words, if grade-i teacher remains in grade-i service even after putting in five years' service, he is entitled to one increment,' after five to seven years; service, he is entitled to two increments, and for service of seven years and above, he is entitled to three increments as outer limit on his promotion to grade ii from grade-i in scale of rs. 430-800/-, necessarily on his rendering service in that post or category, namely, grade-i, on his putting in service of three years to five years 'service, he is entitled to one increment, for five to seven years' service, he is entitled to two increments, and for service of seven years and above, he is entitled to three increments. he cannot tag on the previous service in grade-ii for the purpose of claiming the advance increments in terms of g.o. ms. no. 41, dated february 4, 1980.4. the appeal, therefore, is allowed. the order of the tribunal stands set aside. no costs.

Judgment:
ORDER

1. This appeal by special leave arises from the order of the Andhra Pradesh Administrative Tribunal, Hyderabad in R.P. No. 767/81, made on June 26, 1985. Tribunal has allowed the representation petition, solely on the ground of default on the part of the appellant to file the 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, Finance and planning (in Wing. PRC-I) dated 4.2.1980.

2. The admitted position is that the respondents were working in the post of Senior 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, effective from April 1, 1978, granting the revised pay scales. As stated earlier, G.O. Ms. No. 41, Fin., dated 4.2.1980 gives the benefit as under:

Weightage for service in the existing priest or category shall be as follows in the revised scale of pay, 1978.

(i) All employees in Gr.I to XVII shall be allowed one increment for service of three years and above up to five years two increments for service of five years and above up to seven years, three increments for service of service seven years and above.

3. The question, therefore, is: whether the respondents are entitled to have their entire previous service as Trade-II teachers a tagged to count the advance increments in terms of G.O. Ms. No. 41, referred to earlier. It specifically envisages 'weight age for service in the existing post or category'. It would indicate that the weight age for the service rendered in the existing post or category in which they are working shall be taken into account in terms of G.O. Ms. No. 41, In other words, if Grade-I teacher remains in Grade-I service even after putting in five years' service, he is entitled to one increment,' after five to seven years; service, he is entitled to two increments, and for service of seven years and above, he is entitled to three increments as outer limit on his promotion to Grade II from Grade-I in scale of Rs. 430-800/-, necessarily on his rendering service in that post or category, namely, Grade-I, on his putting in service of three years to five years 'service, he is entitled to one increment, for five to seven years' service, he is entitled to two increments, and for service of seven years and above, he is entitled to three increments. He cannot tag on the previous service in Grade-II for the purpose of claiming the advance increments in terms of G.O. Ms. No. 41, dated February 4, 1980.

4. The appeal, therefore, is allowed. The order of the Tribunal stands set aside. No costs.