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High Court of Andhra Pradesh · body

2023 DAILYLAW 1754 (AP)

M SUHASINY v. The State of Andhra Pradesh,

WP/9839/2023 · 2026-04-21

D Ramesh

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010189642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9839/2023 Between: 1. M SUHASINY, W/O M.RAJA RAMESH, AGED ABOUT 41 YEARS, OCC. JUNIOR LECTURER (PHYSICS), GOVERNMENT JUNIOR COLLEGE, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SPECIAL CHIEF SECRETARY, GOVERNMENT OF ANDHRA PRADESH, SCHOOL EDUCATION (IE) DEPARTMENT. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 3. THE COMMISSIONER, INTERMEDIATE EDUCATION, TADEPALLY, GUNTUR DISTRICT. 4. THE DIRECTOR, INTERMEDIATE EDUCATION. TADEPALLY. GUNTUR DISTRICT. 5. THE REGIONAL JOINT DIRECTOR, , INTERMEDIATE EDUCATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. MAHATMA GANDHI JUNIOR COLLEGE, REP. BY ITS CORRESPONDENT AND SECRETARY, ATREYAPURAM, EAST GODAVARI DISTRICT. 7. GOVERNMENT JUNIOR COLLEGE, REP.BY ITS PRINCIPAL/CORRESPONDENT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...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 topleased to issue an appropriate writ order or direction more particularly in the nature of Writ of 2 Mandamus declaring the action of the respondents more particularly the action of the 2nd respondent in issuing the impugned proceedings vide Memo No.1710826/IE-A1/2002-3, dated 23-10-2022, by rejecting the claim of the petitioner for approval of the service of the petitioner and admit the petitioner in Grant in Aid with effect from the date of selection and appointment dated 27-09-2003, as junior lecturer in Physics in the 7th respondent college, and with all consequential service benefits, is illegal, arbitrary, capricious and discriminative and violating the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India. And set aside the same. Consequently direct the respondents herein to approve the service of the petitioner from the date of selection and appointment of the petitioner dated 27-09-2003, and admit the petitioner Grant in Aid w.e.f. 27-09-2003 instead of 09-01-2005 with all consequential benefits applicable on that day including pension and arrears of the salary forthwith and to pass IA NO: 1 OF 2023 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 pleased to direct the respondents 1 to 5 and 7 to fix the revised pay scale of the petitioner from the date of selection and appointment i.e., w.e.f.27-09-2003 instead of 09-01-2005, in the petitioner working post of Lecturer in the 6th respondent college by suspending the impugned proceedings of the 2nd respondent vide Memo No.1710826/IE-A1/2002-3, dated 23-10-2022 forthwith, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. N SAIDA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents more particularly the action of the 2nd respondent in issuing the impugned proceedings vide Memo No 1710826/IEA1/20023 dated 23102022 by rejecting the claim of the petitioner for approval of the service of the petitioner and admit the petitioner in Grant in Aid with effect from the date of selection and appointment dated 27092003 as junior lecturer in Physics in the 7th respondent college and with all consequential service benefits is illegal arbitrary capricious and discriminative and violating the fundamental rights guaranteed under Articles 14 16 and 21 of the Constitution of India And set aside the same Consequently direct the respondents herein to approve the service of the petitioner from the date of selection and appointment of the petitioner dated 27092003 and admit the petitioner Grant in Aid w e f 27092003 instead of 09012005 with all consequential benefits applicable on that day including pension and arrears of the salary forthwith and pass such…” 2. Learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition. 3. Permission is accorded. 4. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. 4 5. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________ D. RAMESH, J Date:22.04.2026 RMD 5 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9839 of 2025 Date:22.04.2026 RMD