Supreme Court of India

DIRECTOR OF SCHOOL EDUCATIONversusT. LEKSHMAIAH AND ORS.

Citation: 1997 INSC 354
Decided: 2 April 1997
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYD P WADHWA

Holding

Service in the previous grade cannot be tagged for the purpose of claiming advance increments under G.O. No. 41; only service in the existing post or category counts.

Summary

The respondents, originally Senior Assistant Grade‑II teachers, were promoted to Grade‑I and claimed entitlement to graded advance increments based on their total length of service under Government Order (G.O.) No. 41 dated 4 February 1980. The Tribunal had set aside their claim on a procedural ground, holding that the respondents failed to file a counter‑affidavit. On appeal, the Court examined whether service rendered in the earlier Grade‑II post could be "tagged" for the purpose of calculating advance increments after promotion. The Court interpreted G.O. No. 41 to provide weightage only for service in the existing post or category, meaning that only service performed after promotion to Grade‑I could be considered. Consequently, the Court held that the respondents could not count their prior Grade‑II service for advance increments. The appeal was allowed, the Tribunal’s order was set aside, and no costs were awarded.

Issues considered

Whether service rendered in a previous grade (Grade‑II) can be counted for advance increments under G.O. No. 41 after promotion to a higher grade (Grade‑I).

Subjects

service lawadvance incrementgrade promotionG.O. No. 41weightage for servicetagging serviceAndhra Pradesh Administrative Tribunal

Judgment

A                  DIRECTOR OF SCHOOL EDUCATION
                                        v.
                         T. LEKSHMAIAH AND ORS.

                                 APRIL 2, 1997

B               (K. RAMASWAMY AND D.P. WADHWA, JJ.)

        Se1vice Law-Advance increment-Entitlement to-G.O.Ms No. 41
  dated 4.2.1980-Expression Weightage for se1vice in the existing post or
  categ01y-Inte1pretation of-Respondents working in grade II- Subsequently
C promoted to grade-I-Question whether entire previous se1vice can be counted
  for the purpose of advance increments-Held previous se1vice in Grade-II
  cannot be tagged for the pwpose of claiming the advance increments in temis
  of G.O.Ms. No. 41 dated Febmary 4, 1980.

          CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1671 of
D 1986.
        From the Judgment and Order dated 26.6.95 of the Andhra Pradesh
    Administrative Tribunal, Hyderabad in R.P. No. 767 of 1981.

          Anil Kumar Tandale for the Appellant.
E
          The following Order of the Court was delivered :

           This appeal by special leave arises from the order of the Andhra
    Pradesh Administrative Tribunal, Hyderabad in R.P. No. 767/81, made on
p   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-af-
    fidavit. Therein they had claimed the benefit of graded increments depend-
    ing upon the length of service in terms of G.O.Ms. No. 41, Finance and
    planning (in Wing. PRC-I) dated 4.2.1980.

G         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.
H   Ms. No. 41, Fin., dated 4.2.1980 gives the benefit as under :
                                        526
           DIRECTOR OF SCHOOL EDN. v. T. LAKSHMAIAH                          527

         "Weightage for service in the existing post or category shall be as        A
         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 upto five years two increments
         for service of five years and above upto seven years, three incre-
         ments for service of service seven years and above."                       B
       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 "weightage for service in the existing post or               C
category". It would indicate that the weightage 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         D
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       E
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.

      The appeal, therefore, is allowed, The order of the Tribunal stands
set aside. No costs.                                                                F
T.N.A.                                                         Appeal allowed.

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