Special Adhoc Promotion Not Available Before GO Effective Date Without Prescribed Qualification

A single-judge bench of Justice Harinath N of the Andhra Pradesh High Court heard a writ petition challenging denial of a Special Adhoc Promotion (16 years S.A.P.P.I) claimed to be due from 16.04.2006. The petitioner sought a mandamus directing respondents to treat her as entitled to the next scale under Government orders and to grant monetary benefits from earlier dates; the State resisted on the ground that she did not possess the prescribed qualifications and that the relevant Government Order applied prospectively.

The Court dismissed the petition and declined to interfere with the administrative proceedings impugned by the petitioner. It held that where an employee did 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." The Court noted that the petitioner was, in any event, extended the revised scale with effect from 01.07.2008 and monetary benefits from 01.02.2010 in terms of G.O.Ms.No.93 (Revised Pay Scales–2010), and that the G.O. had to be applied prospectively. The Court, in its reasoning, observed: "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." The Court further recorded that "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."

Background: The petitioner, Kesani Varalakshmi, was initially engaged as Physical Directress of a junior college on 04.01.1985 in a private-aided post which was absorbed as an aided post on 16.04.1990. She claimed entitlement to Special Adhoc Promotion Post Scale‑I on completion of 16 years of incremental service as on 16.04.2006 under G.O.Ms.No.117 (Automatic Career Advancement Scheme) and subsequently under other Government Orders. The State respondents contended that promotion to the next level required specific qualifications for appointment as Physical Director in degree colleges (such as a P.G. degree in Physical Education with prescribed marks/representation at inter-university/state/national level) which the petitioner did not possess; accordingly, earlier office proceedings granting S.P.P.I were cancelled upon discovery of error and recovery of excess payments.

The petitioner's case relied on earlier G.O.s contended to entitle aided staff to career advancement; she argued that several employees had been extended benefits and that she was similarly entitled. The State pointed to G.O.Ms.No.93 dated 03.04.2010 which specified that the benefits of Special Promotion Scale–I/II would apply prospectively, with the G.O. coming into force from 01.07.2008 and monetary benefits from 01.02.2010. The High Court accepted the State's position that the petitioner did not possess the requisite qualification for promotion to the next cadre and that G.O.Ms.No.93 had to be applied prospectively. The Court also noted that the petitioner had attained superannuation while the writ petition remained pending. On those grounds the writ petition was dismissed and there was no order as to costs; miscellaneous petitions, if any, were closed.

Case Details: Case No.: Writ Petition No.31285 of 2011 Case Title: Kesani Varalakshmi v. Principal Secretary, Secondary Education, Hyderabad & Ors. Appearances: For the Petitioner(s): Peeta Raman For the Respondent(s): G.P. for Education