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2025 DAILYLAW 22447 (AP)

B. Prakash Babu, v. The State of Andhra Pradesh,

WP/13538/2013 · 2025-02-25

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N ^ WRIT PETITION NO: 13538 OF 2013 ^ Between: B. Prakash Babu, S/o. Raghavulu, Aged about 39 years, Occ; Department of Economics, S.V.R.M. College, Nagaram, Guntur District, R/o. Nagaram, Repalle, Guntur District. K. Suresh Babu, S/o. K. Abraham, Aged about 38 years, Occ: Lecturer, Department of Zoology, S.V.R.M. College, Nagaram, Repalle, Guntur District, R/o. Nagaram, Repalle Guntur District. Lecturer Repalle, 1. 2. ...Petitioners AND The State of Andhra Pradesh, rep by its Principal Secretary, Department of Higher Education, Tulluru, Secretariat Buildings, Velagapudi, Guntur District, A.P. The Commissioner and Director of College Education, ANR Towers 1st Floor, Prasadampadu, currency nagar, Vijayawada, Andhra Pradesh- 521108. The Regional Joint Director, Higher Education, Sambasiva Pet, Guntur, Andhra Pradesh -522001. Sree Velagapudi Ramakrishna Memorial College, Nagaram, Repalle, Guntur District, Rep. by its Secretary and Correspondent. 1. 2. 3. 4. (^ause Title In respect of Respondent Nos.1 to 3 amended/ substituted as per Court Order dated 25.02.2025 vide I.A.No.1 of 2021 in WP No.13538 of 2013p / ...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 a Writ, order or direction more in the nature of a Writ of Mandamus by declaring action of the Respondents herein in addressing surplus man power cell to replace the petitioners with other the temporary lecturers from surplus man power cell as arbitrary, illegal, unjust, contrary to the principles of natural justice and legitimate expectation and consequentially direct the respondents to regularise the services in the posts held by them from the initial date of appointment with all attendant and consequential benefits.^ I.A. NO: 1 OF 2013(WPMP. NO: 16604 OF 2013) 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 4th Respondent to continue the petitioners in their respective posts, pending disposal of the above Writ petition. Counsel for the Petitioners: SRI. DASARI RAMAKOTESWAR RAO*^ Counsel for the Respondent No. 1 to 3: GP FOR SCHOOL EDUCATION Counsel for the Respondent No. 4: M/S CKR ASSICIATES ^ The Court made the following order: APHC010316082013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) St' [3457] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13538/2013 Between: B. Prakash Babu, and Others ...PETITIONER(S) AND The Government Of A P Rep By Its Principal ...RESPONDENT{S) Secretary and Others Counsel for the Petitioner(S): 1. DASARI RAMAKOTESWAR RAO 2. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1.CKR ASSOCIATES 2.GP FOR SCHOOL EDUCATION 3.. The Court made the following Order: The petitioners are claiming absorption and regularization of their services in the 4*^ respondent college. It is submitted by the learned counsel appearing for the petitioners that the 1®* petitioner has been working in the 4**^ respondent college since the year 2000 and the 2^^ petitioner has been working since the year 2003. The petitioners have been continuously working in the 4**^ respondent college: however, the 4*^ respondent is not considering their cases for regularization, despite there being available vacancies. It is 2 submitted that the petitioners are working against sanctioned vacancies and the inaction of the respondents in regularizing their service is under challenge in the present writ petition. The learned Government Pleader for Higher Education submits that''the 4**^ respondent college has surrendered the aided teaching and non-teaching staff along with the post vide The 4*^ respondent, initially in 2. proceedings, dated 27.04.2022. pursuance of the Government Memo dated 12.11.2021, surrendered the aid. However, vide proceedings dated 27.04.2022, the 4‘^ respondent sought the restoration of the aided status. Though the aided status has been restored to the 4*^ respondent. the aided vacancies were not restored. 3. In such circumstances, this Court deems it appropriate to follow the directions of the Division bench of this Court passed in W.A.No.1193 of 2023. The petitioners shall make a representation to the concerned respondents, duly bringing to their notice the petitioners’ service records, if any available and any other documents relating to their service with the 4**^ respondent. Respondent Nos.2 and 3 shall pass necessary orders within a period of six (06) weeks from the date of the receipt of this order. 3 4. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 1 Sd/. IW.RAIWESH BABU deputy registrar //TRUE COPY// SEC FRCER To, 1. The Principal Secretary, Department of Higher Education Andhra Pradesh, Tulluru, Secretariat Buildings District, A.P. 2. The Commissioner and Director of College Education Floor, Prasadampadu, currency nagar, Vijayawada, 521108 State of Velagapudi, Guntur ANR Towers 1st Andhra Pradesh- 3. The Regional Joint Director, Higher Education Andhra Pradesh -522001 4. The Secretary and Correspondent, Sree Velagapudi Memorial College, Nagaram, Repalle, Guntur , Sambasiva Pet, Guntur Ramakrishna District. 5. One CC to Sri. Dasari Ramakoteswar Rao Advocate [OPUC]. 6. One CC to M/s CKR Associates [OPUC] 7. Two CCs to GP For School Education, [OUT] High Court Of Andhra Prade^. 8. Three CD Copies GSC HIGH COURT DATED:25/02/2025 ORDER WP.No.13538 of 2013 ^ 2 6 MAR 2025 ^ ^ . Cutrenl section ^alOESPATCt^^-^ DISPOSING OF THE WP WITHOUT COSTS