APHC010526112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO CONTEMPT CASE NO: 5729/2023 Between: Bandi Ravi ...PETITIONER AND B Lingeswara Reddy and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. K ASAD AHAMED Counsel for the Contemnor(S): 1. V K NAIDU The Court made the following Order: The Contempt Case is filed to punish the respondent under Sections 10 to 12 of Contempt of Courts Act, 1971 for not implementing the orders of this Court dated 05.01.2023 passed in W.P(AT).No.264 of 2021. 2 2. This Court, vide order, dated 05.01.2023, has passed the final order in W.P(AT).No.264 of 2021 and the operative portion reads as follows: “Since the petitioners herein are similarly situated to that of the petitioners in W.P.(AT)No.272 of 2021, these Writ Petitions are also disposed of in terms of the order passed by this Court in W.P.(AT)No.272 of 2021, dated 21.12.2022, directing the respondents to consider the cases of the petitioners for promotion to the post of School Assistant (Telugu) and School Assistant (Physical Education) respectively, if they are otherwise eligible, qualified and comes within the zone of consideration as per their seniority, within a period of eight weeks from the date of receipt of the order.” 3. Heard Mr.K.Asad Ahamed, learned counsel for the petitioner and Mr.V.K.Naidu, learned counsel for the respondents. 4. On hearing, learned counsel for the petitioner submits that, in pursuance of the orders of this Court, the 1st respondent herein issued proceedings RC.No.3493/A1/2022, dated 27.02.2023, informing that the combined seniority list of eligible SGTs and respective Language Pandits is being prepared as per existing rules for giving promotions to the vacant post of School Assistant languages in the District. In view of the directions of this Court dated 05.01.2023 passed in W.P(AT).No.264 of 2021, the candidature of the petitioner for promotion to the post of School Assistant (Telugu) will be considered as per their seniority and eligibility criteria duly following the guidelines in future promotion counselling as and when taken up in the district. Thereafter, the 1st respondent addressed a letter to the 2nd respondent vide 3 Lr.Rc.No.1785/A1/2023, dated 16.06.2023, requesting to issue necessary instructions for consideration of the candidature of the petitioners for promotion to the post of School Assistant (Telugu) in the combined seniority with the Language Pandits as per their seniority against the vacancies, which were arisen up to 05.02.2017 to avoid further legal complications in the matter. Hence, the petitioner made representation on 30.08.2023, requesting the respondents to implement the orders by this Court dated 05.01.2023 passed in W.P(AT).No.264 of 2021. However, as of today, the respondents have not taken any action for considering the case of the petitioner. He further submits that the respondents have no intention to implement the orders and they are deliberately flouted the orders of this Court. Therefore, learned counsel requests this Court to pass appropriate orders. 5. Per Contra, learned counsel for the respondents submits that the petitioner was initially appointed as Secondary Grade Teacher (SGT) and possessed M.A.(Telugu) qualification and B.Ed., with Telugu Methodology, the petitioner was eligible for promotion to the post of School Assistant (Telugu) in terms of Rule 5 of APSESS Adhoc Rules issued in G.O.Ms.No.12, School Education (Ser.II) Department, dated 23.01.2009. Later, the Government amended the Rule 5 by issuing G.O.Ms.No.16, Education (Ser.II) Department, dated 07.02.2015, thereby deleted the word “or a PG Degree, resulting which, 4 SGTs those who have possessed PG Degree in languages, concerned subjects are ineligible for promotion to the post of School Assistant of respective languages. The Government further made another amendment to Rule 5 of rules issued in G.O.Ms.No.12, School Education (Ser.II) Department, dated 23.01.2009, by issuing G.O.Ms.No.15, School Education (Ser.II) Department, dated 05.02.2017. In view of the above amended rules, all the SGTs are not eligible for promotion to the post of School Assistant and the Language Pandits of the respective languages are only eligible for promotion to the post of School Assistant languages of concerned subjects. As such, the candidature of the petitioner for promotion to the post of School Assistant (Telugu) has not considered. 6. Learned counsel for the respondents further submits that certain Language Pandits of various districts in the State of Andhra Pradesh have filed W.P.Nos.19717 of 2019, 20126, 20163, 20171, 21888 of 2020 and 13700, 14461 of 2021 for orders or directions declaring G.O.Ms.No.77, School Education (Ser.II) Department, dated 30.10.2019 and G.O.Ms.No.56 (Ser.II) Department, dated 16.10.2020, proposing to promote the SGTs as School Assistant (Languages) contrary to G.O.Ms.No.15, School Education (Ser.II) Department, dated 05.02.2017 and consequently to set aside the impugned GOs and this Court granted interim orders dated 12.05.2023 for maintaining 5 status quo for a period of two months, in similar lines to the interim orders issued in W.P.No.3500 of 2020, dated 11.05.2023 and extending from time to time. Hence, the 1st respondent issued instructions vide Memo No.ESE02- 14028/1/2022-E-VI-2, dated 16.05.2023, to take up promotions other than School Assistant (Languages), in view of status quo orders passed in the above mentioned batch of writ petitions. He further submits that, in view of the above status quo orders, the candidature of the petitioner for promotion to the post of School Assistant (Telugu) could not considered. Accordingly, the 1st respondent issued instructions vide Memo No.ESE02-14030/7/2023-E-(VI)- VII, dated 26.09.2023 and informed that because of status quo orders, the 1st respondent cannot proceed further with promotions to the post of School Assistant (Languages) and directed to inform the same to the petitioners. Accordingly, the same has been informed to the petitioners vide Procgs. Rc.No.3493/A1/2023, dated 14.12.2023 of the District Educational Officer, Vizianagaram. He further submits that the candidature of the petitioner for promotion to the post of School Assistant (Telugu) will be considered as and when the Government accorded permission for taking up of promotions to the post of School Assistant (Languages), subject to outcome of the result. Therefore, learned counsel submits that this Court may pass appropriate orders. 6 7. Perused the record. 8. On a perusal of the material on record, this Court observed that, the 1st respondent issued proceedings vide Rc.No.3493/A1/2023, dated 14.12.2023 with the following observations: “In view of the above circumstances, the copy of the reference 6th cited is herewith communicated and informed that, the necessary steps will be taken for awarding promotions to the post of School Assistant (Languages) after receipt of the final orders in W.P.No.10786 of 2017 & batch and W.P.No.19717 of 2019 & batch cases and W.P.No.3500 of 2020 duly following norms and guidelines.” 9. Having regard to the facts and circumstances of the case and on perusing the entire material on record, this Court is of the opinion that, in view of the status-quo orders granted by this Court in W.P.No.3500 of 2020, dated 11.05.2023 and W.P.Nos.19717 of 2019, 20126, 20163, 20171, 21888 of 2020 and 13700, 14461 of 2021, the respondents are unable to comply with the order of this Court dated 05.01.2023 passed in W.P(AT).No.264 of 2021. Further, to that extent, the respondents have given an undertaking before this Court that, as and when the aforesaid writ petitions are disposed of, they will comply with the order of this Court dated 05.01.2023 passed in W.P(AT).No.264 of 2021. 10. Recording the submissions of learned counsel for the respondents, the Contempt Case is closed. If the respondents fail to comply 7 with the order of this Court dated 05.01.2023 passed in W.P(AT).No.264 of 2021, after the disposal of the aforesaid batch of writ petitions, the petitioner is at liberty to challenge the same, in accordance with law. 11. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J Date : 07-03-2025 BMS