PATTAN MAHABOOB BASHA v. THE STATE OF ANDHRA PRADESH
WP/21925/2025 · 2025-08-20
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29476 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29476 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i APHC010422302025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY ^ WRIT PETITION NO: 21925 OF 2025 Between:
1. Rattan Mahaboob Basha, S/o. Rattan Khasim Reera, Aged about years, R/o. D. No. 1-59, Tekurupeta Gram Ranchayat, Rorumamilla Mandal, Y.S.R. Kadapa District - 516505.
2. Shaik Hussain Basha, S/o. S. Fakruddin, Aged about 44 years, R/o. D. No. 4-591,4th Road, Ananthapur City and District.
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3. Kalluri Janardhan Reddy, S/o. Adinarayana Reddy, Aged about years, R/o. D. No. 13/32, Timmareddypalli, Rorumamila Mandal, Y.S.R. Kadapa District - 516505.
4. Maddikayala Anjaneyulu, S/o. M. Venkata Ramana, Aged about years, R/o. D. No. 38/105-4-A, Tirupathi Naidu Colony, Rayachoty City, Annamayya District - 516269.
5. Kadiri Sampurna, W/o. C. Venkata Ramireddy, Aged about 47 R/o. Gorlamudiveedu Village, Rayachoti Mandal, Y.S.R. District - 516269. 48 44 47 years, Kadapa ...Petitioners AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, School Education Department, Secretariat, Guntur District. Velagupudi, Amaravati,
2. The Commissioner and Director of School Education, Andhra Pradesh Vijayawada.
3. The District Collector and Chairman DSC - 2008, Ananthapijr District.
4. The District Educational Officer, Ananthapur District. / ...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 an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in reinstating the Petitioners into their respective post of Secondary Grade Teacher (Telugu Medium) in pursuance of the common order of Hon’ble A.P. State Administrative Tribunal, Hyderabad, dated 03.08.2012 in O.A. 6965/2011 and batch, as illegal. Arbitrary, Unconstitutional and violative of the common judgment of Division Bench of this Hon’ble Court dated 25.04.2025 in W.P. Nos. 4762 of 2021, 34155 of 2018 and 25039 of 2020 and consequently to direct the respondents to reinstate the Petitioners into their respective posts of Secondary Grade Teachers (Telugu Medium).
lA 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 to direct the Respondents to reinstate the Petitioners into their Services Secondary Grade Teacher (Telugu Medum) in pursuance of the common
Judgment of Division Bench of this Hon'ble Court dated 25.04.2025 in W.P. Nos. 4762 of 2021, 34155 of 2018 and 25039 of 2020, pending disposal of the main Writ Petition. No. as Counsel for the Petitioners: SRI KALEEMULLA S Counsel for the Respondents: GP FOR SERVICES II The Court made the following order:
<- APHC010422302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21925/2025 Between: Rattan Mahaboob Basha and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KALEEMULLAS Counsel for the Respondent(S):
1.GP FOR SERVICES II The Court made the following:
2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY w P Nr> 21925 of 2025
ORDER; The present Writ Petition is filed to declare the action of the not reinstating the Petitioners in the post of Teacher (Telugu Medium) in pursuance of the
1. Respondents in Secondary Grade Common Order dated 03.08.2012 in O.A.No.6965 of 2011 and the file of the A.P. State Administrative Tribunal, batch on Hyderabad, as illegal and arbitrary. selected as Secondary DSC-2008 notification and While so, the services of the Proceeding The Petitioners No. 2 to 5 were Grade Teacher (SGT) pursuant to discharging their duties, were
2. were vide terminated Petitioners No.Rc.No.3546/A2/DSC/2008, dated 08.09.2011 on the ground certificates. As the Orders of that Petitioners produced fake termination were Petitioners and persons 2011 and batch before Tribunal. passed without conducting any enquiry, tne similarly placed filed O.A.No.7849 of the Andhra Pradesh Administrative O.A.No.776 of 2012, O.A.No.7852 of 2011, O.A.No.7927 of 2011 relates to
3. The O.A.No.7930 of 2011 and Petitioners No. 2 to 5 respectively. Tribunal vide Common Order dated Orders of termination with a liberty to The A.P. Administrative 03.08.2012 set aside the Respondents to conduct fresh enquiry. The paragraph Nos, 30,
4. 31 and 32 are extracted below;
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30. Thus, keeping in view the decisions of the Hon’bie Supreme Court cited , . . . supra, in the conciusion, it is heid that the procedure adopted by the Respondents in issuing the impugned proceedings is in dear vioiation of Ruie 20 of the ARCS (CC&A) Ruies. The enquiry has not been conducted property as per the detaiied procedure as provided under Ruie 20 of the ARCS (CC&A) Ruies and hence, the impugned proceedings in Rc NO.3546/A2/DSC/2008 dated 8.9.2011 are iiabie to set aside. Accordingiy, the impugned proceedings are set aside. 31. in view of the above, the impugned proceedings issued in proceedings Rc.No.3546/A2/DSC-2008 dated 6.8.2011 in O.A.Nos. 6965, 6972, 7321 and 7523 of 2011; the impugned proceedings in O.A.No. 7791 of 2011 dated Nii, September, 2011 and the impugned proceedings dated 8.9.2011 in aii other O.As are set aside with liberty to the Respondents in ail the O.As to conduct fresh enquiry against the applicants strictly in accordance with Rule 20 of the ARCS (CC&A) Ruies 1991. 32. All the OAs are allowed accordingly. VMAs dismissed. MA stands closed." are
5. Thereafter, some of the applicants filed O.A.No.3421 2016 to declare continuance of termination and not of re-instating the Petitioner as illegal.
The O.A. was allowed on 30.10.2017 directing re-instatement as the enquiry said to have been conducted was not in accordance with A.P.C.S (CC&A) Rules
1991. 6. Questioning the same, W.P.No.34155 of 2018 before this Court by Respondent State. W.P.No.4762 of 2021 and W.P.No.25039 of 2024 was filed At the same time, were filed for
4 reinstatement of Petitioners therein as per the Orders of A.P. Administrative Tribunal. The Division Bench of this Court heard all the cases together and passed common
Judgment on confirming the Orders of A.P. Administrative Tribunal. The paragraph No.25 thereof is extracted below;
7.
“Consequent on the dismissal of the said writ petition and maintaining the Order of the Tribunal dated 30.10.2017 in O.A.No.3421 of 2016, the other Writ Petitions Nos.25039 of 2020 and 4762 of 2021, filed by the applicants are allowed, with direction to the State/writ petitioners to reinstate the applicants pursuant to the directions of the Tribunal Into service and to conduct the enquiry, as directed by the Tribunal in O.A.6965 of 2011, vide judgment dated 03.08.2012, as per Rule 20 of ARCS (CC&A) Rules. In the light of the above, the Respondents are bound to implement the Orders of Andhra Pradesh Administrative Tribunal as confirmed by this Court. As Petitioner Nos. 2 to 5 are similarly placed, similar benefit should be extended to them also.
8. In view of the above, the Writ Petition is allowed directing the Respondent Authorities to reinstate the applicants into service pursuant to the directions of the Tribunal and to conduct enquiry as
directed by the Tribunal in O.A.No.6965 of 2011 vide
Judgment dated 03.08.2012. There shall be no order as to costs.
9.
€0* 5 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed AtsSV'^RE°GS^R' //TRUE COPY// SECTtOj^ oPFifeER To,
1. The Principal Secretary, School Education Department, Secretariat, Velagupudi, Amaravati, Guntur District. The Commissioner and Director of School Education, Andhra Pradesh, Vijayawada. The District Collector and Chairman DSC - 2008, Ananthapur District. The District Educational Officer, Ananthapur District. One CC to Sri Kaleemulla S Advocate [OPUC] Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] Two CD Copies
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7. TF
% HIGH COURT DATED:21/08/2025
ORDER WP NO. 21925 OF 2025 S^f 12 SEP 2025 jS Co' ALLOWING THE W.P. WITHOUT COSTS