APHC010415302019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos.19952 & 19953/2019 Writ Petition No.19952 of 2019: Between: 1. TIRUGULLA RAMA KUMARI, D/OLATE SRINIVASA RAO, AGED ABOUT 42 YEARS, OCC-SECONDARY GRADE TEACHER IN M.P.P.S. POTHAVARAM VILLAGE, P.GANNAVARAM MANDAL, EAST GODAVARI DIST. 2. NELAPUDI SRI LAKSHMI,, D/O N.SIVA RAO, AGED ABOUT 40 YEARS, 0CC- SECONDARY GRADE TEACHER IN M.P.P.S.H.C. BODASAKIRRU VILLAGE, ALLAVARAM MANDAL, EAST GODAVARI DIST ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS. PRL.SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P.,SECRETARIAT, AMARAVATHI,VELAGAPUDI, GUNTUR DIST. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVT.OF A.P., IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DIST. 3. THE DIST EDUCATIONAL OFFICER, KAKINADA, EAST GODAVARI DIST. 4. THE STATE OF A P REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 5. THE ASSISTANT DIRECTOR, DIST TREASURY OFFICE, KAKINADA, EAST GODAVARI DISTRICT. RESPONDENT NOS. 4 AND 5 IMPLEADED AS PER COURT ORDER DATED 16-12-2022 VIDE I.A.NO.1 OF 2022 IN WP NO. 19952 OF 2019. ...RESPONDENT(S): Writ Petition No.19953 of 2019 Between: 1. DOMMETI RAVI KUMAR, S/O D.RAJU, AGED ABOUT 48 YEARS, OCC. SECONDARY GRADE TEACHER(T) IN M.P.U.P.SCHOOL, LANKALA GANNA VARAM, P.GANNAVARAM, E.G.DIST. 2 2. KINTHADA RAJU, S/O SORPARAJU, AGED ABOUT 48 YEARS, OCC.SECONDARY GRADE TEACHER(T) IN M.P.P.SCHOOL, KUNDALESWARAM-1, KATRENIKONA MANDAL, EAST GODAVARI DIST ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRL.SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P.,SECRETARIAT, AMARAVATHI,VELAGAPUDI, GUNTUR DIST. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVT.OF A.P., IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DIST. 3. THE DIST EDUCATIONAL OFFICER, KAKINADA, EAST GODAVARI DIST 4. THE STATE OF A P REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 5. THE ASSISTANT DIRECTOR, DIST TREASURY OFFICE, KAKINADA, EAST GODAVARI DISTRICT. RESPONDENT NOS. 4 AND 5 IMPLEADED AS PER COURT ORDER DATED 16-12-2022 VIDE I.A.NO.1 OF 2022 IN WP NO. 19953 OF 2019. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES III The Court made the following: COMMON ORDER: Writ Petition No.19952 of 2019 is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the 1st respondent in not taking the finance concurrence from the Government and issued a Memo.No.754017/Services-II/A.1/2017 dated 27-6-2019, though the petitioners are eligible for notional seniority and notional pay fixation from the date of appointment of other similar situated candidates of DSC-2008 as illegal, arbitrary and unconstitutional and consequently direct the respondents to consider the case of the petitioners for promotion to the Post of School Assistants (Special Education).” 3 Writ Petition No.19953 of 2019 is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the 1st respondent in not taking the finance concurrence from the Government and issued a Memo.No.754017/Services-II/A.1/2017 dated 27-6-2019, though the petitioners are eligible for notional seniority and notional pay fixation from the date of appointment of other similar situated candidates of DSC-2008 as per the orders of the Hon'ble Administrative Tribunal vide arbitrary and O.A.No.1300/201per dt. 6- 7-2018 as illegal, arbitrary and unconstitutional and consequently direct the respondents consider the case of the petitioners for promotion to the Post of School Assistants (Special Education).” 2. Sri T.V.V.Koteswara Rao, learned counsel for the Petitioners would submit that, though Respondent No.3 presented a bill, the same was returned by the Treasury stating that the financial concurrency of the Government is required. Learned counsel would further submit that, at Para No.11 of the counter affidavit filed by Respondent No.1, it is clearly mentioned that the financial concurrency is very much available and even then, the Treasury Authorities returned the bill despite the clear instructions. For ready reference, Para No.11 of the counter affidavit filed by Respondent No.1 is extracted hereunder. “It is submitted that all the respondents herein have acted promptly in issuing the necessary orders pertaining to Notional Seniority and pay fixation of Teachers who were selected through DSC-2008 notification and appointed on "Hamipatralu" after 01.07.2011. Even the Joint Director, Office of the Director of Treasuries and Accounts. Andhra Pradesh, Amaravathi @ Ibrahimpatnam vide Circular Memo No. FIN02 18022 /23/2019-H SEC DTA dated: 22.11.2019 has also issued certain instructions to all the Deputy Directors of District Treasuries by clarifying that, the orders of Government and the Commissioner of School Education. AP, Ibrahimpatnam, Vijayawada were issued with the Concurrence of Finance Department vide 33021/233/HR-IV (PC- FR/2018. dated: 25.04.2018, as such no further concurrence of Finance Department is required. But even then the Treasury Authorities are not honoring the bills submitted by 4 the petitioners inspite of clear instructions from the Finance Department for admitting and claiming. ……………….” 3. Learned Assistant Government Pleader for Services-II would submit that they have represented the bill on 19.03.2025 and it is under process and the petitions may be disposed of. 4. Considering the submissions made, since Respondent No.3 has presented the bill to the Treasury and as it is made clear that the financial concurrency is not specifically required, as stated by the Government, Respondent Nos.4 and 5 are directed to process the bill, without insisting for the financial concurrency. 5. With the above observation, the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:20.03.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos.19952 & 19953/2019 Dt.20.03.2025 Dinesh