APHC010407082018 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION Between: N. Gurunadham, and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. GADE VENKATESWARA RAO Counsel for the Respondent(S): 1. NOOKA JAGANNADHAM 2. GP FOR SCHOOL The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19508/2018 N. Gurunadham, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): GADE VENKATESWARA RAO Counsel for the Respondent(S): NOOKA JAGANNADHAM GP FOR SCHOOL EDUCATION (AP) The Court made the following: [3396] MONDAY ,THE TWENTY FOURTH DAY OF MARCH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI ...PETITIONER(S) ...RESPONDENT(S) ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an order or direction more particularly a Writ in the nature of Mandamus declaring that the action of the 3rd respondent in issuing Proceedings Rc No No 840/ 2018C dated 21 6 2018 as illegal arbitrary unjust contrary to law and also contrary to Section 115 D 2 IV of the A P Cooperative Societies Act 1964 and the Govt Memo No 5825/ Coop III/20147 dated 23 5 2015 issued by the 1st respondent and unconstitutional being violative of Articles 14 and 21 of the Constitution of India and set aside the same consequently holding that the petitioner is entitled to be continued in service till the age of 60 years as per the Resolution of the General Body of the 4th respondent dated 31 3 2018 and pass…” 2. None represented for the petitioners. 3. Heard learned Standing Counsel for the Andhra Pradesh Residential Educational Institutions Society on behalf of the respondents is in attendance. 4. Learned Standing Counsel for the Andhra Pradesh Residential Educational Institutions Society brought to the notice of this Court that proceedings were issued by the Secretary, Andhra Pradesh Residential Educational Institutions Society, Guntur, dated 28.10.2022 considering the case of the petitioners about their seniority and placed a copy of the same. For reference, the relevant portion of the proceedings is extracted here under: Further in the reference 8th cited, the provisional seniority list of Senior Assistants and Junior Assistants were communicated duly inviting grievances if any. In the reference 9th cited, the said (03) Senior Assistants have represented to restore their Seniority in the cadre of Senior Assistants on par with their juniors in the feeder cadre and they are willing to take notional seniority only. After careful examination of the above facts the following facts are considered: a. As per the Service Rules of the APREI Society, the unit of appointment on promotion for the post of Senior Assistant is "State". But, during the year 2013, promotions were given by taking "Zone" as unit. b. Thereby certain juniors in the cadre of Junior Assistant/Typists in the state wide seniority list were promoted to the post of Senior Assistant in their particular zone. Certain seniors in the cadre of Junior Assistant/Typists in the state wide seniority list could not get promotion due to non-availability of vacancies in that particular zone. c. During the year 2017, the Society has again taken up promotions by taking "State" as single unit. At that time the said seniors in the feeder cadre were promoted to the post of Senior Assistant. d. Further during the year 2018, the Seniority list of Senior Assistants was communicated to all the Principals duly placing the above Senior Assistants below to the Senior Assistants who were promoted in the year 2013 and who are juniors to them in the feeder cadre. e. Aggrieved by this, the above applicants have approached the Hon'ble High Court of A.P to secure justice on their plea wide W.P No. 14272 of 2018. Accordingly, the Hon'ble High Court issued orders on 26-04- 2018 in which directed the respondents to consider the objection filed a fresh by the petitioners as per rules. In compliance to the orders of the Hon'ble High Cour, the above three applicants have submitted their representation dated 27-04-2018 with a request to restore their seniority on par with their juniors in the feeder cadre w.e.f., 21-01-2013 as per rules. f. On examination, it is learnt that the individuals have submitted their grievances within the prescribed time limit as per the orders issued by the Government, in the reference 10th cited. g. As per Rule 34 of A.P State & Subordinate Service Rules, the integrated Seniority list of a particular class, or category or grade in any seme belonging to different units of appointment shall be prepared with reference lo be drovisions of sub-rule (a) of rule 33, wherein the seniority of a person shal be determined by the date of his first appointment. h. In the reference gth cited, the said (03) Senior Assistants have represented to restore their Seniority in the cadre of Senior Assistants on par with their juniors in the feeder cadre and they are willing to take notional seniority only. After careful consideration of the above facts and also orders of the Hon'ble High Court of AP, the Secretary, APREI Society is pleased to consider the request of the three individuals and their seniority in the Senior Assistant cadre is restored notionally duly fixing their seniority above their juniors as per rules. Further, the above individuals are informed that the seniority has been fixed notionally only and hence they are not eligible to claim any monetary benefit based on these orders under any circumstances. 5. In the light of the information furnished by the learned Standing Counsel for the Andhra Pradesh Residential Educational Institutions Society, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. ___________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 24.3.2024 TJN 184 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19508 OF 2018 Dated: 24.03.2025 TJN HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Writ Petition No.19508 of 2018 PROCEEDING SHEET Sl. No DATE ORDER OFFICE NOTE 03. 24.03.2025 Dr.VJP, J The Writ Petition is disposed of. (Vide Separate Order) _________ Dr.VJP, J TJN