Extracted from the PDF above. The PDF is authoritative.
APHC010221872014
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 1741 OF 2014 Between:
1. V.Anulatha, W/o M.Vinod Raj Kumar, aged about 41 years, 0cc: Un-Aided Junior Assistant Holy Cross Girls High School, Nandyal Town ,Kurnool District. 2. K.H.L.Patricia, W/o M.Enobh, aged about 41 years, Occ: Un-Aided Record Assistant Holy Cross Girls High School, Nandyal Town , Kurnool District ...Petitioners AND
1. Sri Adhar Sinha I A S, Principal Secretary to Government School Education Department, Government of Andhra Pradesh A. P.Secretariat, Hyderabad. ...Respondent Counsel for the Petitioners: GANGISETTY RAJESWARA RAO Counsel for the Respondent L V S NAGARAJU The Court made the following ORAL ORDER:
Heard Sri Gangisetty Rajeswara Rao, learned Counsel for the Petitioners and Sri L.V.S. Nagaraju, learned Counsel for the Respondent. 2. This Contempt Case is filed alleging that the Order of this Court dated 25.09.2013 in W.P.No.23036 of 2012 & batch has not been complied with. The operative portion of the Order of this court is usefully extracted hereunder:
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“……The objection taken by the State no longer survives, since the said Memo has been quashed by order of this Court dated 30.07.2013 in W.P.No.9503 of 2005 and batch. Therefore, there is no prohibition for the State to consider the cases of the petitioners for absorption. Hence, this batch of writ petitions is disposed of with a direction to the first respondent-State to consider the cases of the petitioners for absorption/appointment to their respective posts in the aided vacancies, subject to fulfillment of all other conditions governing the subject, disregarding Government Memo dated 20.10.2004, within three (3) months from the date of receipt of a copy of this order.”
3. It is submitted by the learned Counsel for the Petitioners that the Petitioners herein have not been absorbed into service of Holy Cross Girls High School, Nandyal Town, Kurnool District (Respondent No.6 in the W.P.No.23036 of 2012). 4. Sri L.V.S. Nagaraju, learned Counsel for the Respondent has drawn the attention of this Court to the material filed along with the Counter Affidavit and would submit that vide Order dated 18.11.2015, the Competent Authority has complied with the Order of this Court.
He would submit that the case of the Petitioners was considered on merit and was rejected for the reasons stated in the Order dated 18.11.2015. He has taken this Court through the Orders passed by the Secretary to Government dated 18.11.2015 vide Memos bearing Memo No.20691/PS/A2/2012. Para Nos.4 & 5 of the Memos dated 18.11.2015 would indicate that the case of the Petitioners has been considered on merit, inasmuch as the Rules that are required to be followed were not followed by the Educational Institutions by taking prior approval and by obtaining Clearance Certificate from the Competent Authority. It has been categorically stated that the relevant Rules would contemplate that obtaining of prior approval as well as the Clearance Certificate by the Education Institution/Educational Agency is mandatory and that in the case of the Petitioners herein, no such approvals have been obtained. It is submitted that the Order in W.P.No.23036 of 2012 and batch dated 25.09.2013 would indicate that the Court had directed the Respondents to consider the case of
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the Petitioners therein “subject to fulfillment of all other conditions governing the subject”. 5. In the above premise, this Court is of the opinion that the Official Respondents herein have complied with the Order of this Court by passing a Speaking Order on 18.11.2015. At this stage, learned Counsel for the Petitioners would submit that as against this Order dated 25.09.2013 passed by the learned Single Judge in W.P.No.23036 of 2012 and batch, the Official Respondents have filed W.A.No.1654 of 2014 and the same was dismissed on 13.12.2019. 6. Having regard to the dismissal of W.A.No.1654 of 2014 dated 13.12.2019, this Contempt Case is closed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 17.07.2025 JKS
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
CONTEMPT CASE NO: 1741 OF 2014
17.07.2025
JKS