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High Court of Andhra Pradesh · body

2025 DAILYLAW 22588 (AP)

V SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/15898/2025 · 2025-06-30

Challa Gunaranjan

body2025

Judgment text

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APHC010318352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15898/2025 Between: 1. V SRINIVASA RAO, S/O. V. JAGAN MOHAN RAO, AGED ABOUT 42 YEARS, WORKING AS TGT MATHS, A. P. MODEL SCHOOL, OV PET, SRIKAKULAM DISTRICT. 2. KAPU. RAMESH,, S/O K. VARAKARAPPA, AGED ABOUT 41 YEARS. WORKING AS TGT TELUGU, A. P. MODEL SCHOOL, KALYANADURGAM, ANANTAPUR DISTRICT. 3. MANIYAR IMRAN,, S/O M. BASHEER, AGED ABOUT 37 YEARS. WORKING AS PGT MATHS, A. P. MODEL SCHOOL, BANAGANAPALLI, NANDYALA DISTRICT. 4. T. RAVITEJA,, S/O. THIMMAIAH, AGED ABOUT 35 YEARS. WORKING AS SOCIAL STUDIES, A. P. MODEL SCHOOL, C. CHERLOPALLI, HINDUPALEM, SREE SATYA SAI DISTRICT. 5. G. RAMANIAH,, S/O. G. CHALAMAIAH, AGED ABOUT 40 YEARS. WORKING AS TGT TELUGU, A. P. MODEL SCHOOL, NARSAPURAM, KADAPA DISTRICT. 6. K. NAGA MUNI REDDY, , S/O. SUBBA REDDY, AGED ABOUT 43, WORKING AS TGT TELUGU, A. P. MODEL SCHOOL, KAJIPET, KADAPA DISTRICT. 7. T. VARA LAKSHMI,, D/O. T. LAKSHMAIAH, AGED ABOUT 35 YEARS. WORKING AS TGT SCIENCE, A. P. MODEL SCHOOL, BAIREDDIPALLI, CHITTOOR DISTRICT. 2 HCGR,J W.P.No.15898 of 2025 8. N. GAYATRI,, D/O. N. VENKATA REDDY, AGED ABOUT 43 YEARS. WORKING AS TGT SCIENCE, A. P. MODEL SCHOOL, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 9. S. ABDUL SAYYAD BASHA,, S/O. S. JABBAR, AGED ABOUT 44 YEARS. WORKING AS PGT MATHS, A. P. MODEL SCHOOL, ROMPICHERLA, CHITTOOR DISTRICT. 10. V. MURALI SHANKAR,, S/O. V. RAM MOHANA SHARMA, AGED ABOUT 49 YEARS. WORKING AS PGT MATHS, CHUNDI, PRAKASAM DISTRICT. 11. G. MALLIKHARJUNA RAO,, S/O. G. CH. SUBBAIAH, AGED ABOUT 47, WORKING AS TGT MATHS, NANDHYAL, NANDHYAL DISTRICT. 12. MD.ELIYAS,, S/O. M. ABDUL KHALIQ, AGED ABOUT 50 YEARS. WORKING AS PGT ENGLISH, A. P. MODEL SCHOOL, BANDI, ATMAKUR, NANDYAL DISTRICT. 13. SK. DADAPEER,, S/O. S. SHARFUDDIN, AGED ABOUT 38 YEARS. WORKING AS PGT ECONOMICS, A. P. MODEL SCHOOL, KOLIMIGUNDLA, NANDYAL DISTRICT. 14. T.NAGA VIJAYA, , D/O. T.SREERAMULU, AGED ABOUT 42 YEARS. WORKING AS TGT ENGLISH, A. P. MODEL SCHOOL, VELGODU, KURNOOL DISTRICT. 15. J. SIVA KUMAR,, S/O. JAYA PRAKASH, AGED ABOUT 44 YEARS. WORKING AS PGT ENGLISH, A. P. MODEL SCHOOL, THAMBALLAPALLE, ANNAMAYYA DISTRICT. 16. M. HIMA BINDU,, D/O. M.V. RAMANA, AGED ABOUT 49 YEARS. WORKING AS PGT ENGLISH, A.P. MODEL SCHOOL, UYYALAWADA, NANDYAL DISTRICT. 17. D. SIVA KUMARI,, D/O. D. NAGESWARA RAO, AGED ABOUT 39 YEARS. WORKING AS TGT HINDI, A.P. MODEL SCHOOL, GAMPALAGUDEM, N. T. R. DISTRICT. 18. M. RAGHAVENDRA NAIDU,, S/O. M.GOVINDU, AGED ABOUT 40 YEARS. WORKING AS TGT SOCIAL STUDIES, A.P. MODEL SCHOOL, JULAKAL, KURNOOL DISTRICT. 3 HCGR,J W.P.No.15898 of 2025 19. B. MADHU SUDHAN RAO,, S/O. B.V. SUBBAYYA, AGED ABOUT 52 YEARS. WORKING AS TGT SOCIAL STUDIES, A.P. MODEL SCHOOL, KOLIMIGUNDALA, NANDYAL DISTRICT. 20. N. USHA RANI,, D/O. N. BABU RAO, AGED ABOUT 47 YEARS. WORKING AS PGT ENGLISH, A.P. MODEL SCHOOL, MULAKALACHERUVU, ANNAMAYYA DISTRICT. 21. E.V. PRATHYUSHA,, D/O. E.V. RAMANA, AGED ABOUT 34 YEARS. WORKING AS PGT SOCIAL, A.P. MODEL SCHOOL, ROMPICHARLA, CHITTOR DISTRICT. 22. K. SRIDEVI,, D/O. K. SUBRAMANYAM, AGED ABOUT 44 YEARS, WORKING AS TGT HINDI, A.P. MODEL SCHOOL, VELGODE, NANDYAL DISTRICT. 23. R. PUSHPA LATA,, D/O R. O. V. RAMANA, AGED ABOUT 47 YEARS. WORKING AS TGT HINDI, A. P. MODEL SCHOOL, HINDUPUR, SRI SATYA SAI DISTRICT. 24. B. VEDA SRI,, D/O B. V. REDDEPPASETTY, AGED ABOUT 44 YEARS. WORKING AS TGT HINDI, A. P. MODEL SCHOOL, KUPPAM, CHITTOR DISTRICT. 25. R. ARUNA, , D/O R. BABA RATNAM, AGED ABOUT 39 YEARS. WORKING AS TGT HINDI, A. P. MODEL SCHOOL, KOLIMIGUNDALA, NANDYAL DISTRICT. 26. R. HARI PRASAD, , S/O. R. RADHA KRISHNA, AGED ABOUT 51 YEARS. WORKING AS TGT MATHS, A. P. MODEL SCHOOL, CHIRUMAMILLA, PALNADU DISTRICT. 27. B. ARIFULLA,, S/O B. MD. AMEER, AGED ABOUT 42 YEARS. WORKING AS TGT HINDI, A. P. MODEL SCHOOL, MULAKA CHERUVU, ANNAMAYYA DISTRICT. 28. B. SABEEHA,, D/O B. MD. AMEER, AGED ABOUT 40 YEARS. WORKING AS TGT HINDI, CHINNAMANDYAM, ANNAMAYYA DISTRICT. 29. S. INDRAVATHAMMA, , D/O. S. VEERACHARI. AGED ABOUT 52 YEARS. WORKING AS TGT-HINDI, AP MODEL 4 HCGR,J W.P.No.15898 of 2025 SCHOOL, KURABALAKOTA, ANNAMAYYA DISTRICT. 30. SHAIK SUMEYA KHATUN, , D/O S.ABDULSALEM, AGED ABOUT 39 YEARS. WORKING AS TGT HINDI, APMS LRPALLI, ANNAMAYYA DISTRICT. 31. SYED ASIFA BHANU, , D/O. SYED ASLAM, AGED ABOUT 35 YEARS, WORKING AS PGT ZOOLOGY, APMS MAHANANDI, NANDYAL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH STATE MODEL SCHOOLS, VIDYABHAVAN, ATMAKURU, GUNTUR DISTRICT. 3. THE ADDITIONAL DIRECTOR, ANDHRA PRADESH STATE MODEL SCHOOLS, VIDYABHAVAN, ATMAKURU, GUNTUR DISTRICT. ...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 topleased to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not considering the petitioners representation, dated 19.06.2025 requesting to apply the benefit of Para 4 of GO.Ms No.46, dated 30.04.2015 to the petitioners entitling them to the pay fixation in the Revised Pay Scale of 2015 and also be given the benefit of fitment which was extended to all other State Government employees who were in receipt of Pre Revised pay scale is illegal arbitrary contrary to law and in violation of Articles 14, 16, 21 and 300A of Constitution of India and consequently direct the respondents to extend the benefits to the petitioners as per Para 4 of GO.Ms No. 46, dated 5 HCGR,J W.P.No.15898 of 2025 30.04.2015 entitling them to the pay fixation in the Revised Pay Scale of 2015, forthwith and pass IA 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 pleased to DIRECT the respondents to consider the petitioners representation dated 19.06.2025 and pass orders, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. POLANKI ANAND SURYA Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 6 HCGR,J W.P.No.15898 of 2025 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not considering the petitioners representation, dated 19.06.2025 requesting to apply the benefit of Para 4 of GO.Ms.No.46, dated 30.04.2015 to the petitioners entitling them to the pay fixation in the Revised Pay Scale of 2015 and also be given the benefit of fitment which was extended to all other State Government employees who were in receipt of Pre Revised pay scale is illegal arbitrary contrary to law and in violation of Articles 14, 16, 21 and 300A of Constitution of India and consequently direct the respondents to extend the benefits to the petitioners as per Para 4 of G.O.Ms.No.46, dated 30.04.2015 entitling them to the pay fixation in the Revised Pay Scale of 2015, forthwith and pass such other order or orders.…” 2. Heard Sri P.Anand Surya, learned counsel for petitioners and learned Assistant Government Pleader for Services-II respondents. 3. Petitioners were all appointed as Trained Graduate Teachers in A.P.Model Schools at different locations and their appointments were during 01.04.2015 to 20.10.2017. Petitioners now stated to have submitted representation dated 19.06.2025, requesting to extend benefit of G.O.MS.No.46, Finance (HRM.V.PC) Department, dated 30.04.2015, which enable them for pay fixation in Revised Pay Scale 2015 along with benefit of fitment etc, which is stated to be pending with respondents. 4. Learned counsel for petitioners submits that this Court in W.P.No.13163 of 2025 has passed an order dated 09.05.2025 7 HCGR,J W.P.No.15898 of 2025 directing the respondents to consider the claim of petitioners therein, in terms of G.O.MS.No.46, Finance (HRM.V.PC) Department, dated 30.04.2015 and urged to pass similar order. 5. Learned Assistant Government Pleader appearing for respondents, on the other hand, submits that as petitioners are all appointed after 30.06.2013, they would not entitled for the benefits under G.O.MS.No.46, Finance (HRM.V.PC) Department, dated 30.04.2015. However, as petitioners representation is pending, the respondents would consider the same in accordance with law. 6. In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage, directing the respondents to consider the claim of petitioners, as made by way of representation dated 19.06.2025, and pass appropriate speaking orders, in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 01.07.2025 KBN