g '8 » I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22677 OF 2011 Between: Smt. M.Padmakshi, W/o. K. Saibaba Telugu Pandit, Hindustan Shipyard High Visakhapatnam- 530 005 aged about 44 years, Occ; Grade II School Junior College, ...PETITIONER AND 1. The Government of Andhra Pradesh, Represented by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad. 2. The Government of Andhra Pradesh, Represented by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 3. The Commissioner of Intermediate Education, Andhra Nampally, Hyderabad. 4. The Commissioner of School Education, Andhra Pradesh 5. The Regional Joint Director of Intermediate Education Compound, Near Y. Junction, Rajahmundry, E.G.District. 6. Hindustan Shipyard High School Junior College, Gandhigram, Visakhapatnam 530 005, rep. by its Correspondent. Pradesh Hyderabad. Arts College ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ order may or direction more particularly in the nature of writ of mandamus declaring the proceedings in Rc. No. Admn.l-B,2/4328/2010, dated16.07.2011 issued by the 3'" respondent illegal, arbitrary, and contrary to G. O. Ms. No. one as 203, Education (CE -III) Department, dated. 18.06.1999 read with G. Education (Ser.ll) Department, dated. 23. 01. 2009 apart from violative of Article 14 of the Constitution of India and set aside the direct the respondents to promote the petitioner Lecturer in Telugu in any Government Junior College with effect from 01.11.2008. (Mam Prayer amended/substituted as per Court Order dated 12.12.2024 vide lA No.1 of 2024 In WP No.22677 of 2011) O. Ms. No.11, School same consequently to the post of Junior I.A. NO: 1 OF 2011fWPMP. NO: 27715 OF 2011) Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the respondents not to fill up the post of Junior Lecturer I Telugu in the 6'" respondent Institute by any regular in service candidate. praying that in the circumstances m support of the petition, the High Court may be in Counsel for the Petitioner: SRI PRAKASH BUDDARAPU Counsel for the Respondent Nos.1,3 & 5: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.2 & 4: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.6:— Counsel for the Respondent: SRI N. RAVI PRASAD The Court made the following: ORDER APHC010371172011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No: 22677 OF 2011 Between: ...Petitioner M.Padmakshi AND The Government of Andhra Pradesh, Represented by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad and five others. ...Respondents Counsel for the Petitioner: Sri Prakash Buddarapu Counsel for the Respondents: 1. Ld. Govt. Pleader for Higher Education 2. Ld. Govt. Pleader for School Education 3. Sri N.Ravi Prasad The Court made the following order: th 1. The petitioner joined the service at Hindustan Shipyard High School, 6 respondent herein, as a Grade-I! Telugu Pandit in the year 2003. The learned senior counsel appearing for the petitioner submits that the petitioner became eligible for promotion to the post of Junior Lecturer (Telugu), which had been vacant since November 2008. The petitioner made a representation on 15.11.2008 seeking promotion. The learned senior counsel further submits that the Secondary Grade Teachers and -2- W.P. No.22677 of 2011 the Language Pandits are eligible for promotion to the post of Junior Lecturer. The petitioner filed W.P. No.17889 of 2010 seeking direction to consider her representations dated 15.06.2010, 23.06.2010 and 14.09.2010 for promotion to the post of the then existing grant-in- aid vacancy of Junior Lecturer (Telugu) in the 6'^ respondent institution. The Hindustan Shipyard was running a school and Junior College. In the said writ petition, this Court, vide orders dated 27.09.2010, directed the Regional Joint Director of Intermediate Education Rajamundry, 3'^^ respondent herein, to pass orders on the petitioner's representation. The petitioner was informed that the proposals had been sent to the Government for further orders. The 3"'^ respondent issued proceedings dated 16.07.2017 rejecting the application of the petitioner by observing that the category of Language Pandit in Telugu is not a feeder category for consideration of promotion to the post of Junior Lecturer. The rejection of the application of the petitioner is challenged in the present writ petition. 2. It is submitted that the Language Pandits and the SGBT Assistants are equivalent, and their pay scale is also similar, and they have to be treated as one category for the purpose of further promotion. The denial of the same benefit to the Language Pandits who are working in aided posts is challenged by the petitioner. 3. The learned Government Pleader for school education submits that the 6'^ respondent has voluntarily surrendered the aid along with aided -3- W.P. No.22677 of 2011 Staff. As such, the 6^^ respondent is now a private, unaided institution with effect from 16.11.2021. As the 6*'' respondent has surrendered the aid, a direction from this Court to consider the petitioner or grant the petitioner a promotion in an aided vacancy would not arise. 4. The learned counsel for the petitioner has amended the prayer in the writ petition and now seeks a direction to promote the petitioner to the Junior Lecturer (Telugu) post in any junior college with effect from 1.11.2008. 5. The learned Government Pleader also submits that the category of Language Pandits (Telugu) is not a feeder category to consider the promotion to the post of Junior Lecturer (Telugu) in a private junior college as per G.O.Ms. No.203, dt.18.06.1999. The request of the petitioner seeking promotion for the post of Language Pandit to Junior Lecturer in Hindustan Shipyard Junior College was not feasible. As such the same was rejected. 6. Considering the submission of the learned counsel for the petitioner and the respondents, the 6^'^ respondent Junior College does not exist as an th aided college with effect from 16.11.2011 and as on date the 6 respondent is a private college. The request of the petitioner to direct the 6‘*^ respondent to grant promotion to the petitioner to the post of Junior Lecturer (Telugu) in the 6^'^ respondent college would not arise. Insofar as the prayer of the petitioner to direct the respondents to promote the petitioner to the post of Junior Lecturer in Telugu in any -4- W.P. No.22677 of 2011 junior college is concerned, the same ought to be considered by the answering respondents duly taking into consideration the length of the service of the petitioner. 7. The case of the petitioner for promotion as a Junior Lecturer prior to the surrender of the grant-in-aid would have been different. At this belated stage, this Court can only permit the petitioner to make a detailed representation to the concerned respondents to consider her case for grant of promotion as Junior Lecturer and accommodate her in any Government Junior College, considering the petitioner's age of superannuation. 8. In this regard, the petitioner shall make a representation to the concerned respondent within a period of two weeks from the date of receipt of this order. The respondents shall pass necessary orders in accordance with law within four weeks thereafter. 9. With these observations, the writ petition is disposed off. No costs. 10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Higher Education Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur. 2. The Principal Secretary, School Education Department, Government of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur. 3. The Commissioner of Intermediate Education, Andhra Pradesh, Vijayawada. 4. The Commissioner of School Education, Andhra Pradesh, Vijayawada. 5. The Regional Joint Director of Intermediate Education, Arts College Compound, Near Y. Junction, Rajahmundry, E.G. District. 6. The Correspondent, Hindustan Shipyard High School Junior College, Gandhigram, Visakhapatnam 530 005. 7. One CC to Sri Prakash Buddarapu, Advocate [OPUC] 8. One CC to Sri N. Ravi Prasad, Advocate [OPUC 9. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED:07/01/2025 ORDER i 31 JAN 2025 ii WP.No.22677 of 2011 s- . Current Section . ^Ss>^SPATC^^s!^ DISPOSING OF THE W.P. WITHOUT COSTS