Ponnamanda Chintha Rao, v. The State of Andhra Pradesh,
WP/17903/2021 · 2025-01-23
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21155 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21155 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THETWENTY THIRD DAYt)F JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO^ WRIT PETITION NO: 17903 OF 2021^ Between: /Ponnamanda Chintha Rao, S/o Ganga Raju, Aged 39 years, Occ: Lecturer in Economics, K.V.M. Chamber's Junior College, Palakol, R/o. D.No.4-127, Vedangi Village, Poduru mandal. West Godavari District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep., by its Principal Secretary, School Education (I.E.II) Department, Secretariat, Amaravathi, Velagapudi, Guntur District. A.P. The Commissioner of Intermediate Education, Government of A.P., Lakshmipuram, Guntur, Guntur District. The Regional Joint Director of Intermediate Education, Rajahmundry, East Godavari District. The Secretary and Correspondent, K.V.M. Chamber's Junior College, Palakol, West Godavari District. 9 4— •
4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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 to declare the action of the Respondent Authorities in not considering for absorption of the petitioners' services into aided retiremental/existing vacancies from the date of his initial appointment as he is working for the last more than 11 years and in not extending the similar benefits of various GOs and recent G.O.Ms.No.12 Higher Education (CE-A2) Department, dated 10.03.2021, issued as per the Common Judgment passed in W.A.No.263 of 2019 and batch dated 31.07.2020 and G.O.Ms.No.18 Higher Education (C.E.A2) Department,
dated 15.04.2021 and G.O.Ms.No.12, School Education (IE) Department, dated 24.02.2021 and issuing GOs on the basis of pressure or orders of this Hon'ble Court is illegal, arbitrary, unjust, discriminatory , unconstitutional and in violation of Article 14, 19 and 21 of Constitution of India and consequently direct the respondent authorities to absorb/regularisation of the petitioner service into grant-in-aid post with all consequential benefits from the, date of petitioners' initial appointment by extending the similar benefit in terms of G.O.Ms.No.12 Higher Education (CE.-A2) Department, dated 10.03.2021 by considering the Common
judgment passed in W.A.No.263 of 2019 and batch dated 31.07.2020 and G.O.Ms.No.18, Higher Education (C.E.A2) Department, dated 15.04.2021 issued by granting exemption from time to time as the petitioners are working for the last 12 to 19 years of service in a retiremental aided/existing vacancies.
lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to consider the case of the petitioner for absorption/regularisation in grant in aid vacancies by extending the similar benefits of G.O.Ms.No.12, Higher Education (CE-A2) Department, dated 10.03.2021 by considering the Common judgment passed in W.A.No.263 of 2019 and batch dated 31.07.2020 and G.O.Ms.No.18, Higher Education (C.E.A2) Department, dated 15.04.2021 and G.O.Ms.No.12, School Education (IE) Department, dated 24.02.2021 or to pay the minimum of time scale, pending regularization of service, pending disposal of the Writ Petition. Counsel for the Petitioner : SRI K. SATYANARAYANA MURTHY Counsel for the Respondent Nos.1 to 3 : GP FOR EDUCATION Counsel for the Respondent No.4 : NONE APPEARED The Court made the following: ORDER
wr APHC010298692021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] V h.
THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 17903/2021 Between: ...PETITIONER Ponnamanda Chintha Rao, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. K SATYANARAYANA MURTHY Counsel for the Respondent(S):
1.GP FOR EDUCATION The Court made the following:
ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: pleased to issue a Writ Order or Direction more particularly one in the nature of WRIT of MANDAMUS to declare the action of the Respondent Authorities in not considering for absorption of the petitioners services into aided retiremental/existing vacancies from the date of his initial appointment as he is working for the last more than 11 years and in not extending the similar benefits of various GOs and recent G.O.Ms.No.12 Higher Education (CEA2) Department dated 10.03.2021 issued as per the Common Judgment passed in W.A.No.263 of 2019 and batch dated 31.07.2020 and G.O.Ms.No.18
Higher Education (CEA2) Department dated 15.04.2021 and G.O.Ms No. 12 School Education IE Department dated 24.02.2021 and issuing GOs on the basis of pressure or orders of this Honble Court is illegal arbitrary unjust discriminatory unconstitutional and in violation of Article 14, 19 and 21 of Constitution of India and consequently direct the respondent authorities to absorb/regularisation of the petitioner service into grant in aid post with all consequential benefits from the date of petitioners initial appointment by extending the similar benefit in terms of G.O.Ms.No.12 Higher Education (CEA2) Department dated 10.03.2021 by considering the Common judgment passed in W.A.No.263 of 2019 and batch dated 31.07.2020 and G.O.Ms.No.18 Higher Education (CEA2) Department dated 15.04.2021 issued by granting exemption from time to time as the petitioners are working for the last 12 to 19 years of service in a retiremental aided/existing vacancies and pass...”
2. Heard
learned counsel for the petitioner and the learned Government Pleader for Education appearing for Respondents.
3. On hearing, learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.8561 of 2021 and batch, dated 02.01.2025, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows:-
4. Accordingly, these Writ Petitions are
disposed of, directing the petitioners to submit individual applications to the respondents within a period of six (6) weeks from the date of receipt of a copy of this order, along with relevant annexure, such as, the appointment letter, service record if any available with the appellants and any other document relating to their claim for 3 absorption into aided posts. On receipt of the applications, the respondents shall pass appropriate orders preferably within a period of eight (08) weeks from the date of receipt of applications. No costs.
Learned Government Pleader for Education appearing for the
4. respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same.
5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order.
6. Accordingly, this Writ Petition is disposed of in terms of the order passed W.P.No.8561 of 2021 and batch, dated 02.01.2025. There shall be no
order as to costs.
7. The Registry is directed to attach a copy of the order passed in W.P.No.8561 of 2021 and batch, dated 02.01.2025 to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, School Education (I.E.II) Department, State of Andhra Pradesh, Secretariat, Amaravathi, Velagapudi, Guntur District. ' A.P.
2. The Commissioner of Intermediate Education, Government of A.P.,
" Lakshmipuram, Guntur, Guntur District.
3. The Regional Joint Director of Intermediate Education, Rajahmundry, East Godavari District.
4. The Secretary and Correspondent, K.V.M. Chamber's Junior College, ' Palakol, West Godavari District. One CC to Sri K. Satyanarayana Murthy, Advocate [OPUC]
6. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT]
7. Three C.D. Copies. (Along with copy of the order dated.02.01.2025 in W.P. No.8561 of 2021 enclosed herewith)*
HIGH COURT DATED:23/01/2025
ORDER WP.No.17903of 2021 % I C1 HA’ 2025 Current Section 69, DISPOSING THE W.P.
WITHOUT COSTS
r APHC010154052021 % IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nos: 8561. 8614. 8625. 8721. 8794, 8804. 8929. 8956. 8958, 8967, 10092, 10610, 10614. 10618, 10753. 10756, 14683. 14951 and 15156 of 2021 W.P.No.8561 of 2021: Between: Smt. Devarapalli Jessi Padma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.K SATYANARAYANA MURTHY Counsel for the Respondent(S):
1.RAVULA NAGARJUNA 2.GP FOR SCHOOL EDUCATION The Court made the following Common Order: Today, when the matters are taken up for hearing, Mr.K.Satyanarayana Murthy, Mr.V.Sai Kumar, Mr.V.Padmanabha Rao,
learned counsel for the petitioners conjointly submits that, these matters are squarely covered by an
T 2
order of this Court passed in W.P.No.10389 of 2021, dated 08.08.2024 and requests this Court to pass similar order in these writ petitions.
2. On the other hand, learned Assistant Government Pleader for School Education vehemently argued that these matters are not covered matters and the respondents have filed Writ Appeals challenging the order of this Court dated 08.08.2024 passed in W.P.No. 10389 of 2021 and the same were
disposed of vide common judgment dated 23.08.2024 passed in W.A.Nos.1193 of 2023 and batch. The operative portion reads as follows:
“ The respondents shall submit individual applications to the appellants within a period of six weeks from the date of receipt of this order. The respondents shall also submit the relevant annexures, such as, the appointment letter, service record if any available with the respondents and any other document relating to their claim for absorption into aided posts.
12. The appellants shall pass appropriate orders preferably within a period of 8 (eight) weeks after receipt of such representations from the respondents. With these observations, the writ appeals are
disposed off without costs. ”
3. In view of the submissions of both the learned counsels, this Court is inclined to dispose of these writ petitions in terms of the common
Judgment dated 23.08.2024 passed in W.A.Nos.1193 of 2023 and batch.
4. Accordingly, these Writ Petitions are disposed of, directing the petitioners to submit individual applications to the respondents within a period of six (6) weeks from the date of receipt of a copy of this order, along with relevant annexure, such as, the appointment letter, service record if any available with the appellants and any other document relating to their claim for
w 3 absorption into aided posts. On receipt of the applications, the respondents ► shall pass appropriate orders preferably within a period of eight (08) weeks from the date of receipt of applications. No costs. As a sequel, miscellaneous applications pending, if any, shall
5. stand closed.
Dr. K. MANMADHA RAO, J BMS