IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6205 OF 2025 Between: 1. K. Prasad, S/o. Doraswamy Naidu, Aged about 54 years, Occ School Assistant, (Biological Science) Municipal Upper Primary School, M.G. Street, Srikalahasthi, (Tirupathi) Chittoor District. 2. K. Eswara Reddy, S/o. K.V. Subbareddy, Aged about 56 years, Occ School Assistant, Municipal High School, Bhaskarpeta,- Srikalahasthi (Tirupathi) Chittoor District. 3. G. Gopi, S/o. Narayana Reddy, Aged about 53 years, Occ: School Assistant, Municipal High School, Baba Agraharam, Srikalahasthi, (Tirupathi) Chittoor District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Government of A.P., rep by its Principal Secretary, Finance Department, Secretariat, Velagapudi. Guntur District. 3. The District Educational Officer, Tirupathi, erstwhile Chittoor District. 4. The District Treasury Officer, Tirupathi (erstwhile Chittoor District. 5. The Mandal Educational Officer cum Drawing and Disbursing Officer, Srikalahasthi Tirupathi erstwhile Chittoor District. 6. The Head Master cum Drawing and Disbursing Officer, Municipal High School, Bhaskarpeta, Srikalahasthi, Tirupathi, Chittoor District. 7. The Head-Master cum Drawing and Disbursing Officer, Municipal High School, Baba Agraharam, Srikalahasthi (urban), Tirupathi, Chittoor District. 8. Srikalahasthi Municipality, Rep by itsTbe Commissioner, Srikalahasthi, Tirupathi, Erstwhile Chittoor District. 9. The Commissioner and Director of Municipal Administration, Vaddeswaram, Guntur District. ...RESPONDENTS 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 directing the respondents to pay the arrears of salary due to the petitioners consequent to the proceedings Roc.No.2410/2019/C2 dated 16.6.2020 issued by the Commissioner, Srikalahasti Municipality where under the benefit of pay scales in the category of School Assistants have been granted to the petitioners on par with juniors, by declaring the action of the respondents in not allowing the revised pay scales, inspite of specific orders in implementation of directions of the Hon’ble A.P. Administrative Tribunal passed in O.A.No.693 of 2019 dated 4.6.2019 on the technical ground that there is no Government Orders to that effect and not allowing the petitioners to redress their grievance the ground that the School Education Department is not party respondents to the O.A., ignoring the fact that the Schools had been transferred permanently from the control of Municipal Administration Department to School Education Department in the year 2022 as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to pay the arrears of re-fixation of salary on par with juniors due to the petitioners with interest @ 18% per annum for purposefully delaying the payments. on n: lA NO: 1 OF 2025 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 1 to 4 to forthwith take action on the request made by the 8“^ respondent, dated 27.8.2020 for payment of revised pay scales in implementation of directions of the A.P. Administrative Tribunal in O.A.No.693 of 2019 dated 4.6.2019. Counsel for the Petitioners: SRI VADAPALLI RAMESH Counsel for the Respondent Nos.1,3,5,6 & 7: GP FOR SERVICES II Counsel for the Respondent Nos.2,4 & 9:GP FOR SERVICES-I Counsel for the Respondent No.8: SRI GUDAPATI LAKSHMI NARAYANA, SC FOR MUNICIPALITIES The Court made the following: ORDER APHC010118442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6205/2025 Between: K. Prasad and Others ...PETITIONER(S) AND The State of A.P. and Others Counsel for the Petitioner(S): 1.VADAPALLI RAMESH Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II ...RESPONDENT(S) The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus, directing the respondents to pay arrears of salary due to the petitioners consequent to proceedings in Roc. No.2410/2019/C2, dated 16.06.2020, issued by the Commissioner, Srikalahasti Municipality, whereunderthe benefit of pay scales in the category of School Assistants have been granted to the petitioners on par with juniors by declaring the action of the respondents in not allowing the revised pay scales inspite of specific orders in implementation of directions of the Hon’ble A.R CGR, J. W,P.No.6205of2025 Administrative Tribunal passed in O. A. No.693 of 2019, dated 04.06.2019, on the technical ground that there is no Government Orders to that effect and not allowing the petitioners to redress their grievance on the ground that the School Education Department is not party respondents to the O. A. ignoring the fact that the Schools had been transferred permanently from the control of Municipal Administration Department to School Education Department in the year 2022, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the respondents to pay the arrears of refixation of salary on par with juniors due to the petitioners with interest @ 18 per cent per annum for purposefully delaying the payments and to pass...” Petitioners were recruited through D.S.C., 2000, as Secondary 2. Grade Teachers and got promoted as School Assistants in the year, 2011. Initially, at the time of promotion, as seniority of petitioners based on selection was compromised and juniors came to be promoted, they filed O.A.No.6932 of 2005 and O.A.No.4311 of 2008 before the A.P. Administrative Tribunal, which were allowed and the seniority was directed to be revised. In implementation of the same, the 8*^ respondent, by proceedings, dated 11.04.2011, issued promotion orders, however, was denied of stepping up of their pay on par with their juniors, who were promoted in the year 2005. Petitioners once again filed O.A.No.693 of 2019 before the A.P. Administrative Tribunal, Hyderabad, which was disposed of on 04.06.2019, directing 8^'' respondent herein to consider petitioners’ representation, dated 09.11.2017. In turn, 8‘^ respondent issued proceedings, dated 16.06.2020, holding that petitioners are entitled for pay on par with juniors, which was endorsed in their Service L CGR, J. W.P.No.6205of2025 Registers on 16.06.2020. Though bills were sent to Sub-Treasury Office for clearance, the same were returned on 31.07.2020 for the reason that the same were not Government Orders and it requires Finance Department concurrence. 8^'^ respondent, by letter, dated 27.08.2020, requested 9“' respondent for obtaining necessary permission from the Government, however, there is no response thereafter and petitioners are not paid the revised salary so far. By G.O.Ms.No.84, Municipal Administration and Urban Development (D1) Department, dated 24.06.2022, directed all Municipal Schools to the control of School Education Department, by virtue of which, respondent has become appointing and administrative officer for all purposes. As neither respondents 8 and 9 nor other respondents have attended to the request of the petitioners for payment of scales in the category of School Assistants on par with their juniors, present writ petition came to be filed. Heard Sri Vadapalli Ramesh, learned counsel for the petitioners: learned Assistant Government Pleader for Services-ll for respondents 1,3, 6 and 7; learned Assistant Government Pleader for Services-I for respondents 2, 4 and 9; and Sri Gudapati Lakshmi Narayana, learned standing counsel for 8**^ respondent Municipality. 3. CGR, J. W.P,No.6205 of2025 4. Learned Government Pleader for Services-ll placed on record written instructions, dated 22.03.2025, issued by the 3^'^ respondent, which inter alia stated that as Municipal School Teacher services came to be merged with the School Education Department, petitioners representations are not pending with 3'^^ respondent and all connected records were being maintained by 8*^ respondent, which were not handed over to their office. 5. Learned counsel for the petitioners on the other hand submits that due to above merging of services with School Education Department, petitioners are willing to make yet another representation to respondents 1 to 3 and 9 in similar lines, which may be directed to be disposed of in terms of orders passed in O.A. No.693 of 2019 and the letter of respondent, in Lr.Roc.No.2410/2019/C2, dated 27.08.2020. 6. Learned Assistant Government Pleader for Services-ll does not oppose the same. 7. Rather than keeping the writ petition pending, as there is change in the administrative set-up in view of merger of Municipal School Teachers in School Education Department, acceding to the request made by the petitioners, the present writ petition is disposed CGR, J. W.P.No.6205 of 2025 to make fresh representation in four weeks from today and thereafter, aforesaid respondents shall further period of four of permitting the petitioners to respondents 1 to 3 and 9 within if such representation consider and pass appropriate orders within a is made, the weeks, in accordance with law. stands disposed of. No order as Accordingly, the writ petition 8. to costs. petitions pending consideration, if As a sequel, miscellaneous any, in this case shall stand closed. Sd/- N. NAGAWIWIA assistant registrar 15^ .o SECTION OFFICER //TRUE COPY// School Education Department, State of Andhra Velagapudi,Amaravathi, Guntur Distric. Government of A.P., To, 1 The Principal Secretary Pradesh, Secretariat Buildings 2 The Principal Secretary. Finance Department . Tirupathi (erstwhile Chittoor District, ina and Disbursing Officer 3. The District 4 The District Treasury Officer Mandal Educational Officer cum Drawing i erstwhile Chittoor District. 5. The Srikalahasthi Tirupathi ina Officer, Municipal High Drawing and Disbursing 6. The Head Master cum School, Bhaskarpeta, 7 The Head-Master cum School, Baba Agraharam District. srikalahasthi, Tirupathi, Chittoor District. Drawing and Disbursing Officer, Municipal High . srikalahasthi (urban). Tirupathi, Chittoor 8. The Commissioner, Srikalahasthi Municipality, Srikalahasthi, Tirupathi Erstwhile Chittoor District. 9. The Commissioner and Director of Municipal Administration, Vaddeswaram, Guntur District. 10. One CC to Sri Vadapalli Ramesh, Advocate [OPUC] 11. One CC to Sri Gudapati Lakshmi Narayana, SC for Municipalities[OPUC] 12. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 13. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 14. Three CD Copies. ssb ♦ J HIGH COURT DATED:24/03/2025 ORDER WP.No.6205 of 2025 I* 01 APR 2025 i Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS