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High Court of Andhra Pradesh · body

2025 DAILYLAW 32666 (AP)

K. Kathyayini Devi, v. The State of Andhra Pradesh,

WP/25021/2023 · 2025-07-21

A Hari Haranadha Sarma, B Krishna Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010483422023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE WRIT PETITION NO: 25021/2023 Between: 1. K. KATHYAYINI DEVI,, W/O. V.SUBBA RAO, AGED ABOUT 61 YEARS, OCC- WORKING AS SCHOOL ASSISTANT (SOCIAL STUDIES),Z.P. HIGH SCHOOL, PUNADIPADU, KANKIPADU MANDAL, KRISHNA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUATION, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR OF SCHOOL EDUCATION, 4TH FLOOR, B VTPS ROD, BHIMARAJU GUTTA, I KRISHNA DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. 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 order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in not complying with the Judgment rendered by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad in 0.A.No.6951 of 2010, dated 18.03.2013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 25021/2023 K. KATHYAYINI DEVI,, W/O. V.SUBBA RAO, AGED ABOUT 61 WORKING AS SCHOOL ASSISTANT (SOCIAL STUDIES),Z.P. HIGH SCHOOL, PUNADIPADU, KANKIPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUATION, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. THE DIRECTOR OF SCHOOL EDUCATION, 4TH FLOOR, B VTPS ROD, BHIMARAJU GUTTA, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. THE DISTRICT EDUCATIONAL OFFICER, MACHILIPATNAM, KRISHNA 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 order or direction more particularly, one in ndamus declaring the action of the Respondents in not complying with the Judgment rendered by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad in 0.A.No.6951 of 2010, dated 18.03.2013 IN THE HIGH COURT OF ANDHRA PRADESH [3527] TWENTY SECOND DAY OF JULY THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN A. HARI HARANADHA SARMA K. KATHYAYINI DEVI,, W/O. V.SUBBA RAO, AGED ABOUT 61 WORKING AS SCHOOL ASSISTANT (SOCIAL STUDIES),Z.P. HIGH SCHOOL, PUNADIPADU, KANKIPADU ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUATION, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. THE DIRECTOR OF SCHOOL EDUCATION, 4TH FLOOR, B-BLOCK, BRAHIMPATNAM, VIJAYAWADA, THE DISTRICT EDUCATIONAL OFFICER, MACHILIPATNAM, ...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 order or direction more particularly, one in ndamus declaring the action of the Respondents in not complying with the Judgment rendered by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad in 0.A.No.6951 of 2010, dated 18.03.2013 2 BKM,J & AHHS,J W.P.No.25021 of 2023 in not treating the period from 22.03.2001 to 26.03.2022 as compulsory wait/on duty and not paying salary and increments as illegal, improper, unjust, arbitrary and contrary to Article 14 and 16 of the Constitution of India and further direct the Respondent No.1 to treat the period from 22.03.2001 to 26.03.2022 as compulsory wait/on duty by paying salaries and increments to the Petitioner by complying the Judgment of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.6951 of 2010, dated 18.03.2013 IA NO: 1 OF 2023 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 implement the Judgment passed by the Hon'hle Andhra Pradesh Administrative Tribunal in 0.A.No.6951 of 2010, dated 18.03.2013, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES III 3 BKM,J & AHHS,J W.P.No.25021 of 2023 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned Senior Counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed seeking to implement the judgment of the erstwhile Andhra Pradesh Administrative Tribunal in O.A.No.6951 of 2010 dated 18.03.2013 to treat the period from 22.03.2001 to 26.03.2002 as compulsory wait/on duty for payment of salary and increments. 3. The learned Assistant Government Pleader has submitted the written instructions dated 21.07.2025 issued by the 3rd respondent stating that as per the instructions of the Commissioner of School Education, Andhra Pradesh, Amaravati, the orders were communicated to the Head Master, ZPHS, Punadipadu, Kankipadu Mandal, instructing to implement the orders of the Andhra Pradesh Administrative Tribunal treating the period from 22.03.2001 to 25.03.2002 as compulsory wait and to pay the consequential benefits by treating the gap period as on duty in respect of the petitioner vide his office letter dated 12.12.2023. The Head Master, ZPHS, Punadipadu, Kankipadu Mandal, informed the 3rd respondent that the arrear bills were prepared and submitted to CFMS in respect of the petitioner herein, for the period from 22.03.2001 to 25.03.2002 4 BKM,J & AHHS,J W.P.No.25021 of 2023 treating as compulsory wait and the petitioner retired from service on 29.02.2024. The prepared bills have been processed through CFMS and payment status is as follows: S.No. CFMS Token Number Amount in Rs. Bill Status 1 2023-2291617 Moved to 2024-96892 5,23,196 Amount adjusted to the petitioner 2 2023-2290039 Moved to 2024-96893 68,543 Amount adjusted to the petitioner 3 2023-2448500 Moved to 2024-100373 57,430 Amount adjusted to the petitioner 4 2023-2317165 69,562 Amount adjusted to the petitioner 5 2023-2467247 51,919 Amount adjusted to the petitioner 4. The Head Master, ZPHS, Punadipadu, Kankipadu Mandal, informed the 3rd respondent that the above arrear bill amounts have been adjusted to the petitioner’s bank account. The Head Master, ZPHS, Punadipadu, Kankipadu Mandal, also informed the 3rd respondent that the IR arrear bills have been prepared and they are ready for uploading and once the Government enables the option for uploading the IR arrear bills, the arrears of the same will be uploaded for the petitioner. 5. In view of the above said submissions and the instructions of the 3rd respondent dated 21.07.2025, as the substantial relief sought 5 BKM,J & AHHS,J W.P.No.25021 of 2023 in this writ petition was complied with and if, any leftover payments of the said IR arrear bills are pending, the same shall be cleared within a period of two (2) months from the date of receipt of this order. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN _________________________________ JUSTICE A.HARI HARANADHA SARMA 22.07.2025 MDP