SMT.FAIZUNNISSA,ANANTAPUR DIST v. THE GOVT.OF AP.,REP.BY ITS PRL.SCY,HYD,& ANOTHER
WP/15320/2011 · 2025-03-21
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10657 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10657 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010122022011
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15320/2011 Between: Smt.faizunnissa,anantapur Dist ...PETITIONER AND The Govt Of Ap Rep By Its Prl Scy Hyd Another and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. G RAMESH BABU Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE
2. G SIMHADRI (SC FOR APREIS TW SW BC) The Court made the following ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-
“… to issue a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in issuing the G.O.Ms.No.26 Social Welfare (RS.1) Department in cancelling the regularization of petitioner services, pursuant to the permission granted in G.O.Ms.No.124, S.W.(K) Department, dated 27.11.1995 and G.O.Rt.No.83, S.W. (RS.1) Department dated 11.02.2000 and the Board resolutions dated 16.10.1992, 22.10.1996, 20.05.1998 of the 2nd Respondent …”.
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2. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
3. The case of the petitioner in brief is that the petitioner was appointed as a Hindi Teacher on 04.11.1986 at the Social Welfare Residential School, Kalasamudram on a consolidated pay of Rs.600/- per month. Over the time, the petitioner’s salary was revised and from 07.06.1999, a regular pay scale was granted. The petitioner filed W.P.No.4473 of 1993, seeking regularization and the same was allowed, but the Respondent-Society challenged the same in W.A.No.745 of 1993. The Division Bench ordered the continuation of service and directed salary payment on par with regular employees from 14.06.1993. The Government issued G.O.Ms.No.212 on 22.04.1994, framing a scheme for regularization of NMR/Daily Wage Employees. Subsequently, G.O.Ms.No.124, dated 27.11.1995, granted permission for regularization listing the petitioner’s name. The Board of Governors of the Respondent-Society had also resolved to regularize unqualified teachers recruited before service rules were framed. However, the petitioner’s regularization was delayed due to an alleged shortfall in B.A. degree marks, despite fulfilling initial appointment criteria. On 27.10.1999, the 2nd respondent issued proceedings declaring probation of several teachers, including the petitioner with effect from 27.11.1995. However, the petitioner did not receive formal regularization orders or corresponding benefits, aggrieved by the same he filed W.P.No.5805 of 2000 and the same was
disposed of in favour of the petitioner, directing that regular pay scales with all
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allowances. Despite the Court’s
order, the respondents delayed implementation and issued a legal notice on 08.08.2000 and later C.C.No.1262 of 2000 was filed for non-compliance. On 25.09.2000, the 2nd respondent fixed the petitioner’s pay at Rs.2,930/- w.e.f. 27.11.1995. However, on 31.07.2001, a show cause notice was issued proposing to cancel the regularization, which the petitioner contested. Later, on 11.04.2011, G.O.Ms.No.26 was issued, cancelling the regularization of Adhoc teachers. Aggrieved by the same, the petitioner filed the present writ petition.
4.
Learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 02.03.2017 passed by this Court in W.P.No.27846 of 2012.
5.
Learned counsel for the respondents does not refute the said submission.
6. Following the same, this Writ Petition is also allowed in terms of the order passed in W.P.No.27846 of 2012, dated 02.03.2017. There shall be no order as to costs.
7. Registry is directed to attach a copy of the order dated 02.03.2017 passed in W.P.No.27846 of 2012, to this order.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_________________________ DR. K. MANMADHA RAO, J. Dated: 21.03.2025 SCS
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THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 15320/2011 Date: 21.03.2025
SCS