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High Court of Andhra Pradesh · body

2025 DAILYLAW 13672 (AP)

B. Eswara Reddy, v. The State of Andhra Pradesh,

WP/7419/2018 · 2025-07-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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\ APHC010165512018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7419 OF 2018 Between: 1. B. Eswara Reddy, S/o. Appi Reddy, Aged about 47 yrs, Occ: Teacher, R/o H.No.4-13, Rentachintala Post and Mandal, Guntur District. 2. V. Ramanacharyulu, S/o. Seeta Ramanjaneyulu, Aged about 46yrs, Occ Teacher, R/o H.No.2-49, Mettugudipadu village, Rentachintala mandal, Guntur District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, Secretariat, Hyderabad. 2. The Regional Joint Director, School Education Department, Guntur, Guntur District. 3. The District Educational Officer, Guntur, Guntur District. 4. The YRS High School, Rep. by its Correspondent, Rentachintala Village and Mandal, Guntur District, Andhra Pradesh. ...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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not regularizing/absorbing the Petitioners to the Aided Post of Secondary Grade School Teacher and Secondary Grade (Telugu Pandit) respectively in Respondent No. 4/ Institution in spite of serving for more than 15 years as illegal and arbitrary and violation of principles of natural justice and violation of the Articles 14, 19(1)(g) and 21 of the Constitution of India and violation of Rules made by the Government from time to time and consequently direct the Respondents to regularize/absorb the Petitioners to the Aided posts as Secondary Grade (Social) Teacher and Secondary Grade (Telugu Pandit) respectively w.e.f. their initial appointment and to pay the time scale attached to aided post along with all service benefits, attendant benefits, continuity of service, etc., and to “declare the action of Respondents in issuing orders vide Proc. No. 3653/B6/2018 as illegal, arbitrary, violation of Principles of Natural justice and consequentlyset-aside the same. f (Main Prayer amended as per Court order dated 16.11.2021 vide lA No.1 of 2020 in W.P.No.7419 of 2018 in the Petition and Affidavit) lA NO: 1 OF 2018 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 petitioners to the Aided posts as Secondary Grade (Social) Teacher and Secondary Grade (Telugu pandit) Respectively and regularize/absorb into services and to pay the time scale attached to aided post pending disposal of the above writ petition. Counsel for the Petitioners: SRI P. S. P. SURESH KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR EDUCATION The Court made the following order: APHC010165512018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 7419/2018 Between; 1.B. ESWARA REDDY,, S/0 APPI REDDY, AGED ABOUT 47YRS, OCC TEACHER, R/0 H.NO.4-13, RENTACHINTALA POST AND MANDAL, GUNTUR DISTRICT. 2.V. RAMANACHARYULU,, S/0 SEETA RAMANJANEYULU, AGED R/0 H.NO.2-49, TEACHER, RENTACHINTALA MANDAL, ABOUT 46YRS, OCC METTUGUDIPADU VILLAGE, GUNTUR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, HYDERABAD. 2.THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATIUON DEPARTMENT, GUNTUR, GUNTUR DISTRICT. 3.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR, GUNUR DITRICT. 4.THE YRS HIGH SCHOOL, REP. BY ITS CORRESPONDENT, RENTACHINTALA VILLAGE AND MANDAL, GUNTUR DISTRIC, ANDHRA PRADESH. ...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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not regularizing/absorbing the Petitioners to the Aided Post of Secondary Grade School Teacher and Secondary Grade (Telugu Pandit) respectively in Respondent No. 4/ Institution in spite of serving for more than 15 years illegal and arbitrary and violation of principles of natural justice and violation of the Articles 14, 19(1)(g) and 21 of the Constitution of India and violation of Rules made by the Government from time to time and consequently direct the Respondents to regularize/absorb the Petitioners to the Aided posts as Secondary Grade (Social) Teacher and Secondary as 2 Grade (Telugu Pandit) respectively w.e.f. their initial appointment and to pay the time scale attached to aided post along with all service benefits, attendant benefits, continuity of service, etc., and to declare the action of Respondents in issuing orders vide Proc. No. 3653/B6/2018 as illegal, arbitrary, violation of Principles of Natural justice and consequently set- aside the same and to pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances of the i case. Counsel for the Petitioner(S): 1.PSPSURESH KUMAR Counsel for the Respondent(S): 1. GP FOR EDUCATION (AP) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: "... to issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not regularizing/absorbing the Petitioners to the Aided Post of Secondary Grade School Teacher and Secondary Grade (Telugu Pandit) respectively in Respondent No.4/ Institution in spite of serving for more than 15 years as illegal and arbitrary and violation of principles of natural justice and violation of the Articles 14, 19(l)(g) and 21 of the Constitution of India and violation of Rules made by the Government from time to time and consequently direct the Respondents to regularize/absorb the Petitioners to the Aided posts as Secondary Grade (Social) Teacher and Secondary Grade (Telugu Pandit) respectively w.e.f. their initial appointment and to pay the time scale attached to aided post along with all service benefits attendant benefits, continuity of service, etc., and to declare the action of Respondents in issuing orders vide Proc. No. 3653/B6/2018 as illegal, arbitrary violation of Principles of Natural justice and consequently set-aside the same and to pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances of the case. ..." 2. Learned counsel for the Petitioners would submit that the subject matter of this Writ Petition does not survive for adjudication and that the Writ Petition has become infructuous. 3. Learned Government Pleader for Education is appearing for respondents is in attendance. 4. In that view, the Writ Petition is dismissed as infructuous. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri P. S. P. Suresh Kumar, Advocate [OPUC] 2. Two CCs to GP for Education, High Court of Andhra Pradesh [OUT] 3. Two CD Copies ssb HIGH COURT i DATED:04/07/2025 ORDER WP No.7419 OF 2018 Sf 2 9JUL 2025 jg) ^VvCurrenl Secligu-<~^ DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS