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2025 DAILYLAW 15224 (AP)

S K R PUPILS WELFARE SOCIETY v. THE GOVERNMENT OF INDIA

WP/9989/2025 · 2025-08-19

K Sreenivasa Reddy

Public Interest Litigationbody2025

Judgment text

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APHC010192682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SREENIVASA REDD WRIT PETITION NO: 9989 OF 2025 Between: S K R PUPILS WELFARE SOCIETY, (Regd. No.82 of 1999) Represented by its Secretary, S.Anjaneyulu, S/o. Kondareddy, Aged 54 years, R/o. Behind A.P.S.R.T.C., Bus Station, Maruthi Nagar, Chimakurthy-523226, Prakasam District. ...Petitioner AND 1. The Governrhent of India, Rep. by its Secretary, Ministry of Education, Department of School Education and Literacy (RMSA Sec.1) Sasthri Bhavan, t New Delhi-110 115. 2. The Joint Secretary, Ministry of Human Resource Development, School Education/Literacy (RMSA.I), (Rashtriya Madhyamik Shiksha Abhiyan), Sasthri Bhavan, Govt, of India, New Delhi. 3. The Director lEDSS, Ministry of Human Resource Development Department of School Education and Literacy (RMSA.I) Sasthri Bhavan, New Delhi. 4. The State of Andhra Pradesh, rep. by its Principal Secretary, School Education, Secretariat, Velagapudi, Amaravati. 5. The Commissioner of School Education and State, rep.by its Project Director (RMSA) Patamata, Vijayawada. 6. The Director, School Education of Andhra Pradesh, Vijayawada. 7. The State Project Director, Samagrasiksha Abyan. ...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 appropriate writ order or direction more particularly a Writ of Mandamus declaring the action of the respondents in not releasing the pending salaries for the years of 2012-13, 2013-14 and 2015-16 to the Special Education Teachers worked in the S.K.R. Pupils Welfare Society, Chimakurthy, Prakasam District an amount of Rs. 84,00,000/- (Rupees Eighty Four Lakhs only) to the petitioner organization in of the recommendations made by the respondents 4 and 5, to the pursuance respondent 1 to 3 who failed to pay the same as illegal, arbitrary and violative of right to life and liberty as envisaged under Art.21 of the Constitution of India and consequently direct the respondents 1 to 3 to release the same forthwith. lA NO: 1 OF 2Q2fi 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 direct the respondents to consider the representation of the petitioner dated 12.12.2024 and pay the salaries of the Special Education Teachers for the period 2012-13, 2013-14 and 2015-16 pending disposal of the writ petition. Counsel for the Petitioner: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.1: M/s. ENKEKALUVA ANJANA REDDY (CENTRAL GOVT COUNSEL) Counsel for the Respondents 2 & 3: M/s. REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) Counsel for the Respondents 4 to 7: GP FOR SCHOOL EDUCATION The Court made the following order: to APHC010192682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY. THE TWENTIETH DAY OF AUGUST TWO TH-OUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 9989/2025 Between: 1.S K R PUPILS WELFARE SOCIETY, (REGD. N0.82 OF 1999) REPRESENTED BY ITS SECRETARY S.ANJANEYULU, S/0. KONDAREDDY, AGED 54 YEARS, R/0. BEHIND A.P.S.R.T.C., BUS STATION. MARUTHI NAGAR CHIMAKURTHY-523226, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE GOVERNMENT OF INDIA, . BY ITS SECRETARY, MINISTRY OF EDUCATION, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (RMSA SEC.1) SASTHRI BHAVAN, NEW DELHI-110 115. 2.THE JOINT SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SCHOOL EDUCATION/LITERACY (RMSA.I), (RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN), SASTHRI BHAVAN, GOVT, OF INDIA, NEW DELHI. 3.THE DIRECTOR LEDSS, MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (RMSA.I) SASTHRI BHAVAN. NEW DELHI. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION, SECRETARIAT. VELAGAPUDI, AMARAVATI. 2 ■£ SRK,J W.P.No.9989of2025 5.THE COMMISSIONER OF SCHOOL EDUCATION AND STATE, REP.BY ITS PROJECT DIRECTOR(RMSA) PATAMATA, VIJAYAWADA. 6.THE DIRECTOR, SCHOOL EDUCATION OF ANDHRA PRADESH, VIJAYAWADA. 7.THE STATE PROJECT DIRECTOR, SAMAGRASIKSHA ABYAN. ...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 appropriate writ order or direction more particularly a Writ of Mandamus declaring the action of the respondents in not releasing the pending salaries for the years of 2012-13, 2013-14 and 2015-16 to the Special Education Teachers worked in the S.K.R. Pupils Welfare Society, Chimakurthy, Prakasam District an amount of Rs. 84,00,000/- (Rupees Eighty Four Lakhs only) to the petitioner organization in of the recommendations made by the respondents 4 and 5, to the pursuance respondent 1 to 3 who failed to pay the same as illegal, arbitrary and consequently direct the respondents 1 to 3 to release the same forthwith and pass 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 to consider the representation of the petitioner dated 12.12.2024 and pay the salaries of the Special Education Teachers for the period 2012-13, 2013-14 and 2015-16 pending disposal of the writ petition and pass Counsel for the Petitioner: 1. M S R CHANDRA MURTHY Counsel for the Respondent(S): 1. REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) 2. GP FOR HIGHER EDUCATION 3. ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL) The Court made the following: 3 SRKJ W.P.No.9989 of 2025 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION No.9989 of 2025 ORDER: This Writ Petition has been filed seeking to declare the action of respondents in not releasing the pending salaries for the years 2012-13, 2013-14 and 2015-16 to the Special Education Teachers, worked in petitioner society, inspite of recommendations made by the respondents 4 and 5 to the respondents 1 to 3, as illegal and arbitrary. Case of the petitioner is that the petitioner is a registered Education Society vide registered No.82/1999. The objective of the society is to provide education to the students (Children with special needs). The petitioner educational society provided education to the disabled students from 2004 to 2015-16. The respondent authorities paid the salaries to the teachers for the years 2011-12 and 2014-15, but did not pay the salaries for the years 2012-13, 2013-14 and 2015-16. 2. Heard the learned counsel for petitioner and the learned Assistant Government Pleader for School Education appearing for respondents 4 to 7. There is no representation for respondents 1 to 3. 3. On a perusal of the material on record goes to show that the Government of India introduced Centrally Sponsored Scheme (CSS) of Inclusive Education for the Disabled Children (lEDC) in the year 1988. The objective of the Scheme is as follows: 4. 4 SRK,J W.P.No.9989of2025 “To provide educational opportunities for children with disabilities in general schools, to facilitate their retention in the school system. It provides for facilities to students with disabilities including expenses on books and stationery, expenses on uniforms, transport allowance, reader allowance, escort allowance, hostel accommodation and actual costs of equipment. The scheme also supports the appointment of special teachers, provision for resource rooms and removal of architectural barriers in schools”. Though education has been provided to the physically disabled students from 2004 to 2015-16, the respondents have not paid the salaries to the teachers worked in the petitioner organization for the period of three years. In connection with that, the petitioner herein also made a representation dated 12.12.2024 to S**" respondent herein, but no orders have been passed on the said representation. 7‘^ respondent filed his counter affidavit stating that they addressed a representation to 1®‘ respondent seeking release of pending payment of salaries of the Special Educators to the NGOs for the years 2012-13, 2013-14 and 2015-16 and till date, there is no response from the respondents 1 to 3, and the matter is pending consideration before the competent authority. Despite the fact that the respondent No.7 and the petitioner society made representations to the respondents 1 to 3, there is no response, that has been received by the petitioner. In view of the above said facts and circumstances of the case, this Court directs the respondents 1 to 3 to consider the representation made by the petitioner herein dated 12.12.2024 and 5. 5 : SRK,J W.P.No.9989 of 2025 pass appropriate orders within a period of eight (08) weeks from the date of receipt of copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no 6. order as to costs. 7. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// \, SECTION OFFICER To. 1. The Secretary, Government of India, Ministry of Education Department of School Education and Literacy (RMSA Sec.1) Sasthrl Bhavan, New Delhi-110 115. 2. The Joint Secretary, Ministry of Human Resource Development, School Education/Literacy(RMSA.I), (Rashtriya Madhyamik Shiksha Abhiyan) Sasthri Bhavan, Govt, of India, New Delhi. 3. The . Director lEDSS, Ministry of Human Resource Development Department of School Education and Literacy (RMSA.I) Sasthri Bhavan New Delhi. ’ 4. The Principal Secretary, School Education, State of Andhra Secretariat, Velagapudi, Amaravati. 5. The Project Director (RMSA), Commissioner of School Education State, Patam,ata, Vijayawada. 6. The Director, School Education of Andhra Pradesh, Vijayawada 7. The State Project Director, Samagrasiksha Abyan. 8. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] micf Samagra Shiksha) One CC to Sri Enkekaluva Anjana Reddy, (Central Counsel) [OPUC] PradestTioiJn^ *° higher Education, High Court of Andhra Two CD Copies Pradesh, and 10. Govt. 11. 12. RAM HIGH COURT DATED:20/08/2025 ORDER WP NO. 9989 OF 2025 X J8SE^2(I25 f ^ . Current beciion DISPOSING OF THE WP WITHOUT COSTS