(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in issuing the impugned proceedings vide Memo No. Admn.IB-2/1288/2007, dated 21.04.2008 and awarding 16 years Special Adhoc Promotion Post Scale-I w.e.f. 1.7.2008, monitory benefits w.e.f. February, 2010 instead of 16.04.2006 as per G.O.Ms.No.93, dated 03.04.2010 as illegal, arbitrary, discriminative, malafide, intention, non-application of mind, colourable exercise of powers, opposed to doctrines of loegitimate exploitation and promissory estoppel and also contrary to the G.O.(P).No.241 Finance (P.C.-II) Department dated 28.09.2005 and other GOs besides violative of articles 14, 16 & 21 of the Constitution of India and consequently direct the respondents to revise the scale of the petitioner in view of the P.R.C. 2008 and also direct the respondents to award all incidental and consequential monitory and other service benefits to the petitioner as per her entitlement

IA NO: 1 OF 2011(WPMP 38818 OF 2011

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent to consider the case of the petitioner, in the light of the G.O.(P).No.241 Finance (P.C.-II) Department dated 28.09.2005, for awarding 16 years Special adhoc Promotion Post Scale-I w.e.f. 1.7.2008, monitory benefits w.e.f. February, 2010

IA NO: 2 OF 2011(WPMP 38819 OF 2011

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing of the writ petition)

1. The petitioner has filed the present writ petition, aggrieved by the denial of Special Adhoc Promotion on completion of 16 years of incremental service as on 16.04.2006.

2. The learned counsel appearing for the petitioner submits that the petitioner was initially engaged as a Physical Directress in a Junior College on 04.01.1985 in a private-in-aid post. On 16.04.1990, the said post was absorbed as an aided post. It is further submitted that the next promotion post would have to be extended to the petitioner on completion of 16 years of incremental service, and when there is no regular next level promotion, the petitioner ought to be extended a Special Adhoc Promotion in terms of G.O.Ms.No.117. The Automatic Career Advancement Scheme was introduced by the said GO, dated 25.05.1981. It is submitted that the benefits of the said G.O., were extended to employees of Aided Management, Municipalities, Municipal Corporations, Zilla Parishads, Panchayat Samitis and other public sector undertakings. It is submitted that the petitioner would be entitled for promotion to the next higher post; however, as there is no such higher post in the Junior Colleges beyond the post of Physical Director. The petitioner ought to have been extended the benefits of G.O.Ms.No.117.

3. It is submitted that she was granted the scale of the next level with effect from the year 2010 in pursuance of G.O.Ms. No.93 and that the petitioner was extended the next scale with effect from the year 2008.

4. The learned Assistant Government Pleader appearing for the State submits that the prescribed qualification for appointment as a Physical Director in a Junior College is Post Graduation in the relevant field. The petitioner has completed M.A. (History) and B.P.Ed., and, as such, was not considered for promotion to the next level, as she does not possess the required qualification.

5. The learned counsel for the petitioner submits that in pursuance of the G.O.Ms.No.78, dated 20.01.1962 and G.O.Ms.No.1196, dated 27.12.1987, the qualification for appointment of a Physical Director to the Junior College is B.P.Ed. The learned Assistant Government Pleader further submits that in pursuance of G.O.Ms.No.93, the petitioner was extended the requisite next scale, as the said G.O. is prospectively effective and accordingly, the petitioner was considered and duly extended the next scale in terms of G.O.Ms.No.93 on 01.07.2008.

6. The claim of the petitioner that the petitioner is entitled for Special Adhoc Promotion Scale – I with effect from 16.04.2006 and that the petitioner was not extended the benefit as was extended to several other employees.

7. The learned Assistant Government Pleader appearing for the State submits that the prescribed qualification for the post of Physical Director in Degree Colleges is passing P.G., Degree in Physical Education in at- least second class with 55% of marks, apart from representing University at the Inter University/state/National Level Championship. It is submitted that for awarding 16 years scale (SPPI/SAPPI), the above qualifications are required. It is stated that the petitioner had passed M.A., with B.P.Ed., as she do not acquire the required qualification for promotion to the post of the Physical Director in Degree college was rejected by the Director of Intermediate Education vide Memo dated 21.04.2008.

8. It is also stated that the petitioner was awarded S.P.P.I Scale with effect from 16.04.2006; however, on realization of the error committed, the said proceedings were cancelled vide office proceedings Rc.No.2450/B1/2007, dated 29.05.2007. It is also stated in the counter that the additional amounts credited to the petitioner’s account were recovered and credited to the account of the Government.

9. It is also submitted that the petitioner was awarded the benefit of S.A.P.P-IA after completion of 16 years of service with effect from 01.07.2008, with monetary benefit from 01.02.2010.

10. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State. Perused the material on record.

11. The G.O.Ms.No.93, dated 03.04.2010, relates to the Automatic Advancement Scheme in the Revised Pay Scales – 2010. The benefits of Special Promotion Post Scale – I /Special Promotion Scale – II, the employee shall be given the benefit of the next scale, if the service rules are changed by additional qualification for promotion after the entry of the individual into service. Clause – 8 of the said G.O., specifically refers to the G.O., coming into force with effect from 01.07.2008 and the monetary benefits to be accrued from 01.02.2010. The petitioner was extended the S.A.P.P.I 16 years revised pay scale with effect from 01.07.2008 and monetary benefits effective from 01.02.2010. The proceedings dated 20.08.2010 are filed along with the counter.

12. When the petitioner does not possess the requisite qualification for promotion to the next cadre, the relief of granting the promotion contrary to the requisite qualifications cannot be entertained. Admittedly, the petitioner has been extended the next scale and monetary benefit in terms of GOMs No. 93. The proceedings dated 20.08.2010 are not in dispute, and it is also considered that GOMs No. 93 has to be referred to prospectively. The petitioner cannot, as a matter of fundamental right seeks benefit of the said GO prior to the date when the same was effective on and after a specified date.

13. On these considerations, this Court is not inclined to interfere with the proceedings dated 21.04.2008 issued by the 2nd respondent, that apart the petitioner has attained the age of superannuation while the writ petition was pending consideration. On these grounds, the writ petition also deserves to be dismissed.

14. Accordingly, the writ petition is dismissed. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.