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2024 DAILYLAW 1840 (AP)

G MOHAN v. THE STATE OF ANDHRA PRADESH

WP/13999/2024 · 2026-05-06

D Ramesh

body2024

Judgment text

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1 APHC010280392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13999/2024 Between: 1. G MOHAN, S/O. G. PEDDA SUBBANNA, AGED ABOUT 65 YEARS, WORKED AS HEAD-MASTER ( RETD.), CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL YERRAMUKKAPALLI, KADAPA, A.P. 2. K.KRISHNA GETTHA, D/O. K.MALAKONDA REDDY, AGED ABOUT 49 YEARS, WORKING AS SCHOOL ASSISTANT(MATHS), CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 3. S. RAVANA REDDY, S/O. S. BALA ANKI REDDY, AGED ABOUT 49 YEARS. WORKING AS SCHOOL ASSISTANT(MATHS), CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 4. V.BABU, S/O.V.PAKEER SAHEB, AGED ABOUT 59 YEARS. WORKING AS SENIOR GRADE TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL YERRAMUKKAPALLI, KADAPA, A.P. 5. Y. MAHESWAR REDDY, S/O. Y. BHUSHANA REDDY, AGED ABOUT 57 YEARS, WORKING AS SENIOR GRADE TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH 2 SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 6. L.SURYA NARAYANA REDDY, S/O. L. MAI REDDY, AGED ABOUT 60 YEARS. WORKING AS SENIOR GRADE TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 7. A.V.RAMANAN REDDY, S/O. A.CHINNA VENKATA REDDY, AGED ABOUT 60 YEARS. WORKING AS SENIOR GRADE TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 8. G.SRINIVASULU REDDY, S/O. G. SUBBI REDDY, AGED ABOUT 59 YEARS. WORKING AS SENIOR GRADE TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 9. P.BHASKAR REDDY, S/O. P. GANGI REDDY, AGED ABOUT 57 YEARS. WORKING AS DRAWING TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 10. A. VENKATA CHALAPATHI, S/O. A. BALA VENKATA SUBBAIAH AGED ABOUT 60 YEARS. WORKING AS PHYSICAL EDUCATION TEACHER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 11. C.GOPAL REDDY, S/O. C. VEERA REDDY, AGED ABOUT 57 YEARS. WORKING AS RECORD ASSISTANT, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 12. P.RAMA SWAMY, S/O. P.SUBBA RAYUDU, AGED ABOUT 50 YEARS,WORKING AS ATTENDER, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. 13. S.RAMA CHANDRA REDDY, S/O. S. THIMMA REDDY 3 AGED ABOUT 59 YEARS, WORKING AS JUNIOR ASSISTANT, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, 4TH FLOOR, B BLOCK, VTPS RD, BHIMARAJU GUTTA, IBRAHIMPATNAM, ANDHRA PRADESH 521456. 3. THE DEPUTY EDUCATIONAL OFFICER, O/O DEO, KADAPA, YSR DISTRICT, AP. 4. S.RAMA CHANDRA REDDY, S/O. S. THIMMA REDDY 3 AGED ABOUT 59 YEARS, WORKING AS JUNIOR ASSISTANT, CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, YERRAMUKKAPALLI, KADAPA, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, 4TH FLOOR, B BLOCK, VTPS RD, BHIMARAJU GUTTA, IBRAHIMPATNAM, ANDHRA PRADESH 521456. 3. THE DEPUTY EDUCATIONAL OFFICER, O/O DEO, KADAPA, YSR DISTRICT, AP. 4. CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, REP BY ITS SECRETARY AND CORRESPONDENT, YERRAMUKKAPALLI, KADAPA, A.P. ...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 tomay be pleased to issue an order or direction, more particularly, one in the nature of writ of Mandamus, (i) declaring the action of the respondents 1 to 3 in not reckoning their unaided service rendered by the petitioners before admitting of their post into grant-in-aid for the purpose of fixation of pay, as illegal, arbitrary, improper and contrary to the Government Memo No.3866/F2/78-6, Education, dated 10-1-1980 Judgements of this Honble Court in N.Hanumantha Rao Vs Government of AP reported in (1994) 2 SLR 590, Y.Sidda Reddy Vs Government of AP reported in (2006) 1 ALT 354, and Judgement in WP.No.3460/2010 4 and batch dated 28.3.2017 besides violative of Article 14 and 21 of the Constitution of India (ii)and consequently direct the respondents 1 to 3 to pass orders computing the payscales of the petitioners by reckoning their unaided service rendered by them before admitting of their post into grant-in-aid and to pay the arrears of salary after such pay fixation and pass IA NO: 1 OF 2024 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 may be pleased to direct the respondents 1 to 3 to forthwith consider the cases of the petitioners for reckoning of their unaided service for the purpose of Career Advancement Scheme and Automatic Advancement scheme by keeping in view the Government Memo No.3866/F2/78-6, Education, dated 10-1-1980 Judgments of this Hon’ble Court in ‘N.Hanumantha Rao Vs Government of AP reported in (1994) 2 SLR 590, ‘Y.Sidda Reddy Vs Government of AP reported in (2006) 1 ALT 354, and Judgment in WP.No.3460/2010 & batch dated 28.3.2017 and to refix their pay scales accordingly, pending disposal of the main writ petition, and pass Counsel for the Petitioner(S): 1. N BHARAT BABU Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. GP FOR SERVICES III The Court made the following: ORDER: The present writ petition is filed questioning the action of the respondents 1 to 3 in not reckoning their unaided service rendered 5 by the petitioners before admitting of their post into grant-in-aid for the purpose of fixation of pay, as illegal and arbitrary. 2. The learned counsel for the petitioner contended that this Court vide its order dated 18.02.2026 has decided the similar issue in W.P.No.28699 of 2024 directing the respondents therein to revise the pay scales of all the petitioners for Aided Posts by taking into account of their services rendered in unaided post i.e from the date of approval in their respective schools and communicate to the petitioners within a period of two months and prays to dispose of the present writ petition also in the similar terms. 3. Under the circumstances, as the issue involved in the present writ petition is also similar to the W.P.No.28699 of 2024, the present writ petition is disposed of in the similar terms. 4. Registry is directed to tag the copy of the order dated 18.02.2026, passed by this Court in W.P.No.28699 of 2024 along with this order. No order as to costs. 6 As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date:07.05.2026 GK 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No:13999 of 2024 Dated:07.05.2026 GK