ORDER : 1. Heard Sri G.V.L. Murthy, learned Counsel for the Writ Petitioners and Smt. M. Hema Latha, learned Assistant Government Pleader for Services-III for the Respondent Nos. 1 to 3. 2. Learned Counsel for the Writ Petitioners has submitted that the Writ Petitioners in W.P. No. 2753 of 2023 and W.P. No. 2755 of 2023 possess qualification of B.A. and D.Ed. and the Writ Petitioner in W.P. No. 2756 of 2023 possess qualification of B.Sc. and D.Ed. 3. Learned Counsel for the Writ Petitioners would submit that the Writ Petitioners are working as Secondary Grade Teachers and are teaching students from first class to fifth class. He would submit that under the relevant rules, the promotional avenue for Secondary Grade Teachers is the post of ‘School Assistants’. He would submit that the Secondary Grade Teachers would not possess any particular specilisation inasmuch as they are made to teach any subject which is assigned to them, whereas, the Secondary Grade Teachers who are promoted to the post of ‘School Assistants’ are made to teach specific subjects. He would submit that for the promotion from Secondary Grade Teacher to the post of School Assistant, a candidate is required to have a Bachelors Degree and also a degree in Bachelor of Education. 4. He would submit that the State of Andhra Pradesh, for the benefit of Scheduled Castes and Scheduled Tribes who intend to pursue and acquire higher educational qualifications as a pre-requisite for further promotion, has issued G.O.Ms. No. 342 Social Welfare (B3) Department dated 30.08.1977 (Ex.P.6 in W.P. No. 2753 of 2023) for the purpose of meeting with the expenditure of such candidates aspiring to pursue higher studies. In the present case, if the Writ Petitioners pursues higher qualification, they could be promoted from Secondary Grade Teacher to the post of School Assistant. It is submitted that 70% of the posts of ‘School Assistants’ are appointed by direct recruitment and 30% are filled-up by way of promotion from ‘Secondary Grade Teachers’. 5. Learned Counsel for the Writ Petitioners would submit that the Writ Petitioners in these Writ Petitions are interested in pursuing B.P.Ed. course instead of B.Ed. course with a view that the avenues for promotion would be expanded further, inasmuch as their candidature would also be considered for the post of ‘School Assistants (Physical Education)’. Learned Counsel would submit that as per G.O.Ms. course instead of B.Ed. course with a view that the avenues for promotion would be expanded further, inasmuch as their candidature would also be considered for the post of ‘School Assistants (Physical Education)’. Learned Counsel would submit that as per G.O.Ms. No. 12 dated 23.01.2009 (Ex.P.7 in W.P. No. 2753 of 2023), the pre-requisite qualification for School Assistants (Physical Education) is a Bachelors Degree and Degree in Physical Education. Learned Counsel would submit that the Government, while interpreting the G.O.Ms. No. 342 dated 30.08.1977, is not accepting the request of the persons such as the Writ Petitioners herein to meet with the expenditure (Pay and Allowances, as provided in G.O.Ms. No. 342 dated 30.08.1977) contending that the benefit under G.O.Ms. No. 342 dated 30.08.1977 is only available SC and ST employees who would pursue B.Ed. and such benefit cannot be extended to the persons who would want to pursue B.P.Ed. 6. It is the contention of the Learned Counsel for Writ Petitioners that the G.O.Ms. No. 342 dated 30.08.1977 (Ex.P.6) has not imposed any embargo on pursuing B.P.Ed by availing monitory benefit and that, the interpretation given by the Official Respondents would cause grave prejudice to the Writ Petitioners and the same is unreasonable, irrational and arbitrary. 7. Smt. M. Hema Latha, learned Assistant Government Pleader for Services-III appearing for the Respondent Nos. 1 to 3 submits that the benefit of G.O.Ms. No. 342 dated 30.08.1977 can only be availed by the candidates who intend to pursue Bachelor of Education course which is the pre-requisite for seeking promotion to the post of ‘School Assistants’ from ‘Secondary Grade Teachers’. She would contend that the benefit of G.O.Ms. No. 342 dated 30.08.1977 cannot be extended to such employees who intend to pursue graduation degree in Physical Education, which is the pre-requisite qualification for being promoted to the post of School Assistants (Physical Education). 8. On perusal of G.O.Ms. No. 342 dated 30.08.1977, it transpires that the said G.O. does not impose any condition or limitation with regard to the prerequisite qualification. The core objective of the said G.O. appears to be to provide Pay and Allowances to such S.C. and S.T. employees who intend to study further for the purpose of acquiring such qualifications which are the pre-requisite qualifications for the next promotion and no conditions or fretters are imposed. The relevant portion of the G.O.Ms. The core objective of the said G.O. appears to be to provide Pay and Allowances to such S.C. and S.T. employees who intend to study further for the purpose of acquiring such qualifications which are the pre-requisite qualifications for the next promotion and no conditions or fretters are imposed. The relevant portion of the G.O.Ms. No. 342 dated 30.08.1977 is usefully extracted below: “The matter had been carefully examined by the Government with reference to certain categories of employment in Government in cases acquiring of higher qualifications as prerequisite to further their career. Government have accordingly, decided that in cases where the acquiring of higher educational qualifications is a pre-requisite for further promotion according to the rules, the scheduled caste and scheduled tribe employees should be deputed for higher studies within the country with fully pay and allowances. This facility will however, be subject to the following conditions.” 9. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Order passed by the Learned Single Judge of this Court in W.P. No. 5521 of 2021 dated 02.05.2022 (Ex.P.8), where the similar issue was already decided in favour of the Writ Petitioners therein by permitting the Writ Petitioners to pursue B.P.Ed by availing the benefit of G.O.Ms. No. 342 dated 30.08.1977. The relevant portion of the said Order is usefully extracted hereunder: “(21) Admittedly, as per G.O.Ms. No. 12, School Education (Ser.II) Department, dated 23.01.2009, those persons, who are working as Secondary Grade Teachers if they possess a Bachelor Degree and a Bachelor Degree in Physical Education, they will be promoted to the post of School Assistant (Physical Education), the Respondents without permitting them to undergo B.P.Ed. forcing them to undergo B.Ed. is irrational and unreasonable. It is for the petitioners to decide to acquire qualification prescribed under rules to get promotion to the post of School Assistant (Physical Education) or School Assistant in respective subject. The Respondents cannot insist the petitioners to have promotion for the particular post. As such, in our view, the petitioners are entitled to undergo B.P.Ed. course to have promotion for the post of School Assistant (Physical Education) as per relevant rules. The Respondents cannot insist the petitioners to have promotion for the particular post. As such, in our view, the petitioners are entitled to undergo B.P.Ed. course to have promotion for the post of School Assistant (Physical Education) as per relevant rules. (22) As and when, in way back in the year 1977, the State Government took policy decision, which is very laudable 10 to provide benefit to the employees of Scheduled Caste and Scheduled Tribe categories to depute for higher studies within the country with full pay and allowances, in cases where the acquiring of the higher educational qualification is prerequisite for further promotion, the action/decision of the State Government at present would cause injustice to the petitioners to get that benefit by rejecting their legitimate claims. It is nothing but depriving their constitutional and statutory rights. This Court is expressing its displeasure and anguish towards the attempt made by the State Government to nullify the benefit provided to Scheduled Caste and Scheduled Tribe employees in the year 1977 through the policy decision of the State Government. As such, in our considered opinion, the decision of the Respondents in rejecting the request of the petitioners to extend benefit under G.O.Ms. No. 342 is illegal, arbitrary, unjust and contrary to the policy decision of the State Government issued vide G.O.Ms. No. 342, Social Welfare (B3) Department, dated 30.08.1977 and also against to the interest of the Schedule Caste and Scheduled Tribe employees. (23) Accordingly, this Court holds that the impugned Memo No. 13022/58/2020-EST.3, dated 11.01.2021, issued by Respondent No. 2, is unsustainable under law and contrary to the policy decision of the Government issued in 11 G.O.Ms. No. 342, Social Welfare (B3) Department, dated 30.08.1977 and it is liable to be set aside. (24) This Court further holds that the petitioners are entitled for the benefit provided under G.O.Ms. No. 342, Social Welfare (B3) Department, dated 30.08.1977 (25) For the above said reasons, the writ petition is allowed with the following directions: (i) The impugned Memo No. 13022/58/2020-EST.3, dated 11.01.2021, issued by Respondent No. 2, is set aside. (ii) The Respondents are directed to extend the benefit provided under G.O.Ms. No. 342, Social Welfare (B3) Department, dated 30.08.1977, to the petitioners to undergo B.P.Ed. training.” 10. (ii) The Respondents are directed to extend the benefit provided under G.O.Ms. No. 342, Social Welfare (B3) Department, dated 30.08.1977, to the petitioners to undergo B.P.Ed. training.” 10. Even though the ratio as decided by the Learned Single Judge of this Court in W.P. No. 5521 of 2021 dated 02.05.2022 is unequivocal and unimpeachable on the issue that is in controversy in the present Writ Petition, on account of the vehement opposition by Smt. M. Hema Latha, learned Assistant Government Pleader for Services-III, this Court has again set down to examine the contentions of both the sides. 11. On perusal of G.O.Ms. No. 342 dated 30.08.1977, it is very clear that the Government has not distinguished between B.Ed. and B.P.Ed. It has not limited the benefit of Pay and Allowances only for pursuing the B.Ed and curtailed such benefit to pursue B.P.Ed. There is no dispute with regard to the pre-requisites which are necessary for being promoted to the post of School Assistants. Depending on the area of specialization of the teacher, the ‘School Assistants’ would be posted for teaching the relevant subjects. If the interpretation as given by the Official Respondents is accepted, this Court is of the opinion that such interpretation would led to invidious discrimination inasmuch such of those Secondary Grade Teachers who want to become teachers dealing with the subject of Physical Education would be deprived of such opportunity because of non-grant of Pay and Allowances to such Employees who want to pursue this course. Since the Order of the Learned Single Judge of this Court is clear, there is no requirement of this Court to reinvent the wheel once again, but on account of opposition, as indicated above, this Court has once again examined the matter. 12. In the above premise, this Court is of the considered opinion that the ratio as laid down by the Learned Single Judge in W.P. No. 5521 of 2021 dated 02.05.2022, is correct, and therefore, there is no reason for deviating from such ratio. Respondents are directed to permit the Writ Petitioners to pursue B.P.Ed course, and for the same, the Respondents shall meet with Pay and Allowances as provided in G.O.Ms. No. 342 dated 30.08.1977. 13. With the above observations and directions, the Writ Petition Nos. 2753, 2755 and 2756 of 2023 are allowed. No Order as to Costs. 14. Respondents are directed to permit the Writ Petitioners to pursue B.P.Ed course, and for the same, the Respondents shall meet with Pay and Allowances as provided in G.O.Ms. No. 342 dated 30.08.1977. 13. With the above observations and directions, the Writ Petition Nos. 2753, 2755 and 2756 of 2023 are allowed. No Order as to Costs. 14. Interlocutory Applications, if any, stand disposed of in terms of this Order.