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Sunday 20 October 2019

Filling up of the posts of Up-graded posts - Implementation of G.O. Ms.No.91 Instructions Memo No.796382 dt.20.10.19

GOVERNMENT OF ANDHRA PRADESH
SCHOOL EDUCATION (SERVICES-II) DEPARTMENT
Memo No.796382/Services-I/A2/201   Dated:20-10-2019
School Education – Filling up of the posts of Up-graded posts of 10224 posts of Language Pandit Grade.II and 2603 posts of Physical Education Teachers working in M.P.U.P.Schools / Zilla Parishad / Government High Schools to the cadre of School Assistants -  Implementation of  G.O. Ms.No.91, School Education(Services-II)Department, dated:17-12-2018 – Permission accorded - Orders -Issued.

Ref:
1. The Government issued orders vide  G.O.Ms.No.91, School Edn (Ser.II) Dept., dated 17.12.2018 .
2. From the C.S.E., A.P., Ibrahimpatnam, Rc.No. ESE02- 12021/38/2018-ESE 2-CSE, Dated 31/01/2019 .
3.From the Special Govt.Pleader, High Court of AP, letter dated 05.08.2019 addressed to C.S.E., A.P.
4. From the C.S.E., A.P., Ibrahimpatnam, Letter No.882/(D1-4)/Estt.IV/2011, Dated 12/10/2019.

         In the reference 1st cited, orders were issued according sanction for upgradation of 10224 posts of Language Pandit Grade.II to that of School Assistant (Languages) and 2603 posts of Physical Education Teacher to that of School Assistant (Physical Education) in the pay scale of Rs.28940-78910 in the Revised Pay Scales, 2015, which shall be filled by promotion.

2) In the reference 2nd cited, the Commissioner of School Education, A.P.   has requested the Government to issue necessary orders on implementation of G.O. 1st cited and upgradation of the above said posts keeping in view of certain legal issues. 

3) The Special Government Pleader, High Court of Andhra Pradesh, in his letter 3rd cited, has given his legal opinion on the above issue, concluding that the Grade-II Pandit posts upgraded under  G.O.Ms.No.91 could be confined only to those teachers whose post is upgraded. Cross promotion of SGTs to Language is not contemplated in G.O.Ms.No.91. The purport of G.O.Ms.No.91, dated 07.12.2018 is judicious and acceptable in the light of Supreme Court directives on equal pay for equal work. But for the provision under G.O. Ms.No. 11, 12 and 74, the SGTs have no inherent right to shift from their regular line of promotion to that of S.A. Languages which involves distinct mode of requirement test. The operation of status quo on the common service rules framed under G.O.Ms.No. 73 and 71 dated 20.09.2017 do not have the effect of interdicting the operation of G.O.Ms.No. 14 and 15 dated 05.02.2017 and it is always open for the Government to operate the said two G.Os. That apart, the G.O.Ms.No.91 issued for upgradation of Grade-II Pandits posts stands on its own without reference to the service rules. It is a beneficial policy of the Government in favour of the Grade-II Pandits who are working on lower scale while possessing SA (Language) qualifications and discharging the similar duties in their job chart.

4) After careful examination of the entire matter, Government have observed that in view of the policy decision of conversion of all schools into English Medium and greater emphasis on Telugu as a subject requires a more focused approach to language teaching. This requires language teachers of the highest caliber with professional language teaching skills. Hence, the recommendation of the Commissioner of School Education, AP  to implement G.O.1st cited  and as opined by Special Government Pleader that the purport of G.O.1st cited  is judicious and acceptable in the light of Supreme Court directives on equal pay for equal work is in line with the avowed policy of the government to improve the quality of education in all schools. Therefore, Government hereby accord permission to the Commissioner of School Education, A.P. to implement the G.O.1st cited.

5  The Commissioner of School Education, A.P., to take further necessary action in the matter, accordingly.

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