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High Court of Andhra Pradesh · body

2013 DAILYLAW 1291 (AP)

G. Jawaharlal v. The Government of Andhra Pradesh

WP/23829/2013 · 2026-04-19

Harinath N

body2013

Judgment text

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APHC010259152013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23829/2013 Between: 1. G. JAWAHARLAL, S/O SUNDER RAO, AGED ABOUT 48 YEARS, OCC: UN-AIDED JUNIOR ASSISTANT, A.F.D.T. JUNIOR COLLEGE, MALIKIPURAM MALIKIPURAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 2. THE GOVERNMENT OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 3. THE COMMISSIONER AND DIRECTORCUMSECRETARY, INTERMEDIATE EDUCATION, NAMPALLY, HYDERABAD. 4. THE BOARD OF INTERMEDIATE EDUCATION, REP BY THE SECRETARY, NAMPALLY, HYDERABAD. 5. THE REGIONALIRECTOR OF INTERMEDIATE EDUCATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 6. ANTERVEDIPALEM FIRKA DEVELOPMENT JUNIOR COLLEGE, MALIKIPURAM, MALIKIPURAM MANDAL, EAST GODAVARI DIST REP BY THE SECRETARY AND CORRESPONDENT. 2 ...RESPONDENT(S): 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for regularization in aided Junior Assistant post, which was fallen vacant in the 6th respondent college, due to promotion of Sri B.V.V. Satyanarayana Murthy, as Senior Assistant w.e.f. 22.01.1999, on par with similarly situated employees Sri A. Sarat Babu and K.V.R.G.K. Acharyulu w.e.f. 21.12.2001 whose services were regularized vide G.O.Rt.No. 947 Higher Education (IE.II) Dept dt: 21.12.2001 in terms of G.O.Ms.No. 212 Finance and planning Dept, dt: 22.04.1994, as illegal, arbitrary, and also violative of Articles 14, 16, and 21 of the Constitution of India and consequently direct the respondents to regularize the services of petitioner in aided Junior Assistant post in the existing vacancy available in 6th respondent college from the date of vacancy i.e. 23.01.1999, in view of the proposals submitted by the 3rd respondent Letter RC No. G2/235/2001 dt: 15.03.2002,with all consequential benefits and pass. IA NO: 1 OF 2013(WPMP 29303 OF 2013 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 respondents to consider the case of the petitioner for regularization of the petitioner services in the post of aided Junior basing on the proposals submitted by the 2nd respondent to the 1st respondent vide Letter RC No. G2/235/2001 dt: 15.03.2002, pending disposal of the writ petition and pass. Counsel for the Petitioner: 1. GANGISETTY RAJESWARA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR HIGHER EDUCATION The Court made the following: 3 Order:- The petitioner is seeking a direction to the respondents to consider the petitioner for regularization in the aided Junior Assistant post in the 6th respondent college. 2. The learned Assistant Government Pleader appearing for respondent Nos. 1 to 5 submits that the petitioner has attained the age of superannuation during the pendency of the writ petition. That apart, the 6th respondent college has surrendered the aid along with the aided vacancies to the Government and is now functioning as an unaided college. 3. Recording the submission, this writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 20.04.2026 PNS