Govt. of A.P. and Ors. Vs. Sov Sudhakar Rao and Ors.

Appeal: Civil Appeal No. 1529 of 1999
(Arising out of SLP(C) No. 15227/97)

Petitioner: Govt. of A.P. and Ors.

Respondent: Sov Sudhakar Rao and Ors.

Apeal: Civil Appeal No. 1529 of 1999
(Arising out of SLP(C) No. 15227/97)

Judges: M.JAGANNADHA RAO & A.P. MISRA, JJ.

Date of Judgment: Mar 16, 1999

Article 14 – Advance increment – Steno-typists – Claim of advance increment or obtaining LL.B. degree – Earlier judgment referring to “those taking down dictation of judgments” – Grant of advance increment to Steno typist, where LL.B. degree is not higher qualification than minimum qualification – If second advance increment is available Held that steno-typists are entitled to advance increment but while working as such, if they have already taken benefit once, then they would not get same benefit again or obtaining LL.B. degree. Facts to be verified.

Steno-Typists were not specifically mentioned among the categories entitled to advance increments under G.O. Ms. 182 dated 17.7.87. We are, therefore, of the view that Steno-Typists are entitled to the advance increments as mentioned in G.O.Ms. 182 dated 17.7.87 inasmuch as the acquisition of LL.B. degree was relevant to the functions performed by them even as per Md. Azamathulla’s case. (Para 21)

In a given case, where graduation is a minimum qualifica-tion and a person appointed as Junior Assistant in that post on the basis of such a minimum qualification, if he acquires an LL.B. degree later on, he would certainly be entitled to an advance increment. Similarly, where an LL.B. degree is a minimum qualification required for a post and a person holding that post acquires an LL.M. degree while in the said post, he would cer-tainly be entitled to advance increment. So far as the respond-ents-Steno Typists are concerned, we do not have all the factual data relating to them before us. If while working as Steno-Typists they had acquired one advance increment upon acquisition of a higher qualification other than the minimum prescribed qualification, then they would not be entitled to a further increment while working in the same category of Steno-Typist, in the event of their acquiring a LL.B. degree. Therefore, in each cases of the respondents-Steno Typists, the fact has to be veri-fied. (Para 23)