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2025 DAILYLAW 32746 (AP)

THE STATE OF AP v. T RUKMINI DEVI

WA/977/2023 · 2025-07-13

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010547712023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA/- AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT APPEAL NOS: 1283. 879. 977. 1286 AND 1287 OF 2023 WRIT APPEAL NOS: 1283 OF 2023 A.- Writ Appeal under clause 15 of the Letters Patent against the order dt. 13-7-2023 made in W.P.No.34165/2022 on the file of this High Court Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary School Education Department Secretariat Buildings Velagapudi Guntur District 2. The Commissioner and Director of School Education, B Block Anjaneya Towers Ibrahimpatnam Krishna District 3. The Regional Joint Director, School Education Department Guntur Region Guntur 4. The District Educational Officer, Guntur District Guntur ...Appellants/ Respondents in WP No. 34165 of 2022 AND Muvva Veerajyothi, W/o Raju, Aged about 49 years, working as School Assistant (Physical Science), Z.P.H.S, Karlaplem, Guntur District. ...Respondent/Writ Petitioners lA NO: 2 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 to suspend the operation of order of Hon’ble Single Judge dated; 13.07.2023 in W.P.No.34165 of 2022. Counsel for the Petitioners: GP FOR SERVICES III (AP) Counsel for the Respondent: SRI NAGA PRAVEEN VANKAYALAPATI APHC010420652023 ■I WRIT APPEAL NO: 879 OF 2023 Writ Appeal under clause 15 of the Letters Patent against the order dt.28/6/2023 ^de in W.P.No.33092/2022 on the file of the High Court. Betyveen: 1. The State of Andhra Pradesh,, Rep.by its Principal Secretary, School Education Department, Tulluru Mandal, Guntur District. The Commissioner and Director of School Education Anjaneya Towers, Ibrahimpatnam, Krishna District. The Regional Joint Director, of School Education Department, Guntur Region, Guntur. The District Educational Officer, Guntur District, Guntur. ...Appellants/Respondents in WP No. 33092 of 2022 AND Manyam Srinivasarao, S/o Venkateswararao, Aged about 42 working as School Assistant (Physical Science), Z.P.H.S, penumali, Duggirala mandal, Guntur District. Andhra pradesh Secretariat Buildings, Velagapudi Village, 2. B-Block, 3. 4. years. ...Respondents/Writ Petitioner r lA 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 to suspend the operation of order of Hon'ble Single Judge dated. 28.06.2023 in W.P.No.33092 of 2022. 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 consider the representation dated 05.07.2024 of the petitioner for payment of back wages from 26.01.2022 to 10.12.2023 and treat the said period as on duty. Counsel for the Petitioners: GP FOR SERVICES III (AP) Counsel for the Respondents: SRI G V L MURTHY APHC010484712023 WRIT APPEAL NO: 977 OF 2023 Writ Appeal under clause 15 of the Letters Patent against the order dt.28/6/2023 made in W.P.No.33093/2022 on the file of this High Court Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary School Education Department Secretariat Buildings Velagapudi Guntur District 2. The Commissioner and Director of School Education, B Block Anjaneya Towers Ibrahimpatnam Krishna District 3. The Regional Joint Director, School Education Department Guntur Region Guntur 4. The District Educational Officer, Guntur District Guntur ...Appellants/Respondents in WP AND T Rukmini Devi, W/o Kakumanu Prasad aged about 56 Years Working as School Assistant Physical Science Z P H S Ediapalli Guntur Drstrict ...Respondents/Writ Petitioners lA 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 to suspend the operation of order of Hon'ble Single Judge dated. 28.06.2023 in W.P.No.33093 of 2022. 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 direct the respondents to consider the representation dated 08.07.2024 of the petitioner for the payment of the backwages from 27.07.2022 to 10.01.2024 and treat the said period as on duty. Counsel for the Petitioners: GP FOR SERVICES III Counsel for the Respondent G V L MURTHY APHC010547702023 WRIT APPEAL NO: 1286 OF 2023 Writ Appeal under clause 15 of the Letters Patent against the order dt.03-08-2023 made in W.P.No.33141/2022 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary School Education Department Secretariat Buildings Velagapudi Guntur District The Commissioner and Director of School Education, B Block Anjaneya Towers Ibrahimpatnam Krrshna District The Regional Joint Director, School Education Department Guntur Region Guntur The District Educational Officer, Guntur District Guntur 3. 4. ...Petitioners AND P Siva Naga Lakshmi Kumari, W/o Ch.S.Nageswararao, Aged about 37 years, working as School Assistant (Physical Science), Z.P.H.S, Kollipara, Kollipara Mandal Guntur District, Andhra Pradesh state ...Respondent lA NO: 2 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 to suspend the operation of order of Hon'ble Single Judge dated: 03-08-2023 in W.P.No.33141 of2022. 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 consider the representation dated 03.07.2024 of the petitioner for payment of back wages from 27.07.2022 to 10.01.2024 and treat the said period as on duty. Counsel for the Petitioners: GP FOR SERVICES III Counsel for the Respondent: G V L MURTHY r /H APHC010547692023 / WRIT APPEAL NO: 1287 OF 2023 Writ Appeal under clause 15 of the Letters Patent against judgment dt.03-08-2023 made in W.P.No.33096/2P22 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary School Education Department Secretariat Buildings Velagapudi Guntur District The Commissioner and Director of School Education, B Block Anjaneya Towers Ibrahimpatnam Krishna District The Regional Joint Director, School Education Department Guntur Region Guntur The District Educational Officer, Guntur District Guntur 2. 3. 4. ...Petitioners AND Mallela Radha Kumari, W/o Koteswararao, Aged about 41 working as School Assistant (Physical Science), Z.P.H.S, Duggirala, Duggirala mandal Guntur District, Andhra Pradesh state years ...Respondent lA NO: 2 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 to suspend the operation of order of Hon’ble Single Judge dated:03.08.2023 in W.P.No.33096 of 2022. 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 direct the respondents to consider the representation dated 29.06.2024 of the petitioners for payment of back wages and treat the said period as on duty. Counsel for the Petitioners: GP FOR SERVICES III (AP) Counsel for the Respondent G V L MURTHY The Court made the following Common order: APHC010547712023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO / WRIT APPEAL NOs.1283. 879, 977, 1286 and 1287 of 2023 WRIT APPEAL NO: 1283/2023 Writ Appeal under clause 15 of the Letters Patent to set aside the judgment dt. 13-7-2023 made in W.P.No.34165/2022 of His Lordship Justice Sri D.Ramesh, is contrary to law and pass Between: 1.THE STATE OF ANDHRA PRADESH. REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION. B BLOCK ANJANEYA TOWERS IBRAHIMPATNAM KRISHNA DISTRICT 3.THE REGIONAL JOINT DIRECTOR. SCHOOL EDUCATION DEPARTMENT GUNTUR REGION GUNTUR 4.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT GUNTUR ...APPELLANT{S) AND 1.MUVVA VEERAJYOTHI, W/o Raju, Aged about 49 years, working as School Assistant (Physical Science), Z.P.H.S, Karlaplem, Guntur District. ...RESPONDENT Contcl... NJS.J & TRR,J \y.A Nos. 1283, 879, 977, 1286 and 1287 of 2023 2 I.A N0:1 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 to condone the delay of 70 days in filing the above W.A. inWP.No.34165 of 2022, dated 13-7-2023 passed by His Lordship in the High Court of Judicature of Andhra Pradesh and pass I.A NO:2 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 to suspend the operation of order of Hon’ble Single Judge dated;13.07.2023 in W.P.No.34165 of 2022 and to pass s Counsel for the Appellant{S): 1.GP FOR SERVICES III (AP) Counsel for the Respondent; 1.NAGA PRAVEEN VANKAYALAPATI WRIT APPEAL NO: 879/2023 Writ Appeal under clause 15 of the Letters Patent to set aside the judgement dt.28/6/2023 made in W.P.No.33092/2022 of His Lordship Justice Sri D.Ramesh, is contrary to law and pass Between; 1.THE STATE OF ANDHRA PRADESH,, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLURU MANDAL, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION B-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. I y ...APPELLANT(S) AND Contd... % NJSJ & TRRJ 1/V.4 Nos. 1283, 879, 911, 1286 and 1287 of 2023 3 1.MANYAM SRINIVASARAO, S/0 VENKATESWARARAO, AGED ABOUT 42 YEARS. WORKING AS SCHOOL ASSISTANT (PHYSICAL SCIENCE), Z.P.H.S, PENUMALI. DUGGIRALA MANDAL, GUNTUR DISTRICT. ANDHRAPRADESH 2.THE REGIONAL JOINT DIRECTOR, OF SCHOOL EDUCATION DEPARTMENT, GUNTUR REGION, GUNTUR. 3.THE DISTRICT EDUCATIONAL OFFICER. GUNTUR DISTRICT GUNTUR. ...RESPONDENT(S): lA 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 to suspend the operation of order of Hon'ble Single Judge dated. 28.06.2023 in W.P.No.33092 of 2022 and to pass 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 consider the representation dated 05.07.2024 of the petitioner for payment of back wages from 26.01.2022 to 10.12.2023 and treat the said period as on duty and pass Counsel for the Appellant(S): 1.GP FOR SERVICES III (AP) Counsel for the Respondent{S): 1.G VL MURTHY WRIT APPEAL NO: 977/2023 Writ Appeal under clause 15 of the Letters Patent to set aside the judgement dt.28/6/2023 made in W.P.No.33093/2022 of His Lordship Justice Sri D.Ramesh, is contrary to law and pass Contd... NJS,J & TRR,J WA Nos. 1283, 879, 977, 1286 and 1287 of 2023 V., 4 Between; 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, B BLOCK ANJANEYA TOWERS IBRAHIMPATNAM KRISHNA DISTRICT 3.THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT GUNTUR REGION GUNTUR 4.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT GUNTUR ...APPELLANT(S) AND 1.T RUKMINI DEVI, W/o Kakumanu Prasad aged about 56 Years Working as School Assistant Physical Science Z P H S EdiapalliGuntur District ...RESPONDENT lA 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 to suspend the operation of order of Hon'ble Single Judge dated. 26.06.2023 in W.P.No.33093 of 2022 and to pass 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 direct the respondents to consider the representation dated 08.07.2024 of the petitioner for the payment of the backwages from 27.07.2022 to 10.01.2024 and treat the said period as on duty and pass Counsel for the Appellant(S): 1.GP FOR SERVICES III (AP) Contd... NJSJ & TRRJ ' ^V,/\ Nos. 1283. 879, 977, 1286 and 1287 of 2023 5 Counsel for the Respondent: 1. GVLMURTHY WRIT APPEAL NO: 1286/2023 Writ Appeal under clause 15 of the Letters Patent to set aside the Judgement dt.03-08-2023 made in W.P.No.33141/2022 of His Lordship Justice Smt.V.Sujatha, is contrary to law and pass Between: 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, B BLOCK ANJANEYA TOWERS IBRAHIMPATNAM KRISHNA DISTRICT 3.THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT GUNTUR REGION GUNTUR 4.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT GUNTUR ...APPELLANT(S) AND 1.P SIVA NAGA LAKSHMl KUMARI, W/o Ch.S.Nageswararao, Aged about 37 years, working as School Assistant (Physical Science), Z.P.H.S, Kollipara, Kollipara mandal Guntur District, Andhrapradesh state ...RESPONDENT lA 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 to condone the delay of (45) days in filing the above W.A. in WP.No.33141 of 2022, dated 03-08-2022 passed by His Lordship in the High Court of Judicature of Andhra Pradesh and pass Contd... NJSJ & TRRJ Nos. NJSJ & TRRJ Nos. 1283, 879, 977, 1286 and 1287 of 2023 € 6 lA NO: 2 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 to suspend the operation of order of Hon'ble Single Judge dated; 03-08-2023 in W.P.No.33141 of 2022 and to pass 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 consider the representation dated 03.07.2024 of the petitioner for payment of back wages from 27.07.2022 to 10.01.2024 and treat the said period as on duty and pass Counsel for the Appellant{S): 1.GP FOR SERVICES III (AP) Counsel for the Respondent: 1.G VL MURTHY WRIT APPEAL NO: 1287/2023 Writ Appeal under clause 15 of the Letters Patent be pleased to set aside the judgement dt.03-08-2023 made in W.P.No.33096/2022 of His Lordship Justice Smt.V.Sujatha, is contrary to law and pass such Between: THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT 1. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, B BLOCK ANJANEYA TOWERS IBRAHIMPATNAM KRISHNA DISTRICT 2. THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT GUNTUR REGION GUNTUR 3. THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT GUNTUR 4. ...APPELLANT(S) -5 Contd... NJSJ & TRRJ Nos. 1283, 879, 977, 1286 and 1287 of 2023 1 AND 1.MALLELA RADHA KUMARI, W/o Koteswararao, Aged about 41 years, working as School Assistant (Physical Science), Z.P.H.S, Duggirala, Duggirala mandal Guntur District, Andhrapradesh state ...RESPONDENT lANO: 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 to condone the delay of (43) days in filing the above W.A. in WP.No.33096 of 2022, dated 03-08-2022 passed by His Lordship in the High Court of Judicature of Andhra Pradesh and pass such lA NO: 2 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 be to suspend the operation of order of Hon’ble Single Judge dated:03.08.2023 in W.P.No.33096 of 2022 and to pass such 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 consider the representation dated 29.06.2024 of the petitioners for payment of back wages and treat the said period as on duty and pass Counsel for the Appellant{S): 1.GP FOR SERVICES III (AP) Counsel for the Respondent: 1. GVLMURTHY The Court made the following Common Judgment (per sn Justice Ninaia Jayasurya) The respondents/writ petitioners, who are working as School Assistants filed writ petitions seeking to declare the transfer proceedings as illegal and to Contd... NJSJ & TRR.J W/4 Nos. 1283, 879, 977, 1286 and 1287 of 2023 8 continue them in the stations where they were working as on the date of the impugned proceedings. Initially, the learned Single Judge granted interim orders and, thereafter, while setting aside the transfer orders, directed the respondent authorities to continue the petitioners at their original place of work. Aggrieved by the orders of the learned Single Judge, the State preferred the present appeals. 2. At the time of considering these matters, the learned Government Pleader submits that the orders of the learned Single Judge are implemented and in view of the same, the matters need no further consideration. 3. 4. Recording the same, these writ appeals are dismissed. It is needless to observe that, if any fresh cause of action arises to the respondents/writ petitioners, they may avail remedies in accordance with law. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// "i \ SE N OFFICER To, 1. One CC to Sri. Naga Praveen Vankayalapati Advocate [OPUC] One CC to Sri. G V L Murthy Advocate [OPUC] Two CCs to GP For Services III, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. GSC HIGH COURT DATED:14/07/2025 COMMON ORDER WA NOS. 1283, 879, 977,1286 AND 1287 OF 2023 I 2SJUL20» I Current Section DISMISSING THE WAS WITHOUT COSTS