Pothakamuri Pratap v. The State of Andhra Pradesh,
WP/28173/2024 · 2025-01-02
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34631 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34631 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28173 OF 2024 Between: Pothakamuri Pratap, S/o.Sabastinaiah. Aged about 56 years, R/o.Door No.3- 76A, Main Road, Beside Union Bank, Ravipadu, Narasaraopet, Palnadu District, Andhra Pradesh. ...PETITIONER- AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, School Education Department, A.P. Secretariat,Velagapudi, Amaravati, Guntur District. 2. The Director of School Education, Andhra Pradesh,Vidya bhavan, Venkatadri towers,Atmakur, MangalagiriMandal, Guntur District. 3. The Regional Joint Director of School Education, Guntur, Guntur District, AP
4. The District Educational Officer, Guntur District, Guntur, A.P.
5. The District Educational Officer, Palnadu District, Narasaraopet, AP
6. The Deputy Educational Officer, Narasaraopet, Palnadu District, AP ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2, 3 and 5 in not considering and disposing of the
f.. <9 representation dated 17-10-2024 made by the petitioner for issuance of reposting orders as Junior Assistant on par with others who worked in Nagarjuna Residential High School, Vijayapuri South in Macherla Mandal, Palnadu District to any Government/ZPP Schools which are functioning under the control of 5th respondent is illegal, arbitrary, unjust, discriminatory and violative of Art. 14 of the Constitution of India and consequently direct the respondents to take appropriate action on the representation dated 17-10-2024 submitted by the petitioner forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 and dispose the representation dated 17-10-2024 made by the petitioner disposal of the above writ petition. ^ of pending Counsel for the Petitioner: MS. B NIRUPAMA REPRESENTING SMT. KAVITHA GOTTIPATI Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER
APHC010537932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^1 [3331] ^ THURSDAY.
THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28173/2024 Between: 1.POTHAKAMURI PRATAP, S/O.SABASTINAIAH, AGED ABOUT 56 YEARS, R/O.DOOR N0.3-76A. MAIN ROAD, BESIDE UNION BANK, RAVIPADU, NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P.
SECRETARIAT.VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH.VIDYA BHAVAN, VENKATADRI TOWERS.ATMAKUR, MANGALAGIRIMANDAL, GUNTUR DISTRICT. 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION GUNTUR, GUNTUR DISTRICT, AP 4.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT. GUNTUR, A.P. 5.THE DISTRICT EDUCATIONAL OFFICER. PALNADU DISTRICT, NARASARAOPET. AP 6.THE DEPUTY EDUCATIONAL OFFICER.
NARASARAOPET, PALNADU DISTRICT, AP ...RESPONDENT(S):
SRS,J W.P.No.28173 of 2024 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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2, 3 and 5 in not considering and disposing of the representation dated 17-10-2024 made by the petitioner for issuance of reposting orders as Junior Assistant on par with others who worked in Nagarjuna Residential High School, Vijayapuri South in Macherla Mandal, Palnadu District to any Government/ZPP Schools which are functioning under the control of 5th respondent is illegal, arbitrary, unjust, discriminatory and violative of Art. 14 of the Constitution of India and consequently direct the respondents to take appropriate action on the representation dated 17-10-2024 submitted by the petitioner forthwith and pass lA NO:
1 OF 2024 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 may be pleased to direct the respondents to consider and dispose of the representation dated 17-10- 2024 made by the petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.KAVITHAGOTTIPATI Counsel for the Respondent(S):
1.GP FOR SERVICES III 2.GP FOR SCHOOL EDUCATION The Court made the following:
:: ORDER :: The above writ petition is filed to declare the action of respondents 2, 3 and 5 in not considering and disposing of the representation dated 17.10.2024 made by the petitioner for issuance of reposting orders as Junior Assistant on par with others, who worked in Nagarjuna Residential High School, Vijayapuri
4^ SRS,J W.P.No.28173 of 2024 South in Macherla Mandal, Palnadu District to ZPP School under the control of respondent No.5, as illegal and arbitrary. 2. Heard Ms.
2. Heard Ms. B. Nirupama, learned counsel representing Smt. Kavitha Gottipati,
learned counsel for the petitioner and Sri Ravi Teja, learned Assistant Government Pleader for School Education appeared for the respondents. Initially, the petitioner was appointed as a Junior Assistant on 13.06.1987 in Nagarjuna Residential High School. Later, the petitioner was absorbed in the Grant-in-Aid post of Junior Assistant with effect from
01.12.1996. The petitioner’s appointment was approved by respondent No.3 vide proceedings in Rc.No.557-B5/96-1, dated 31.12.1996 with effect from
13.06.1987. The petitioner attended the duties till May,
2012. Later, the petitioner went on leave for personal reasons with the prior permission of the then-correspondent of the School. 3. Be that as it may, one Sri Dontu Anjaneyulu, the then Deputy Educational Officer, Narasaraopet, lodged a complaint against the petitioner and the Correspondent of Nagarjuna Residential High School and the same was registered as a case in Cr.No.129 of 2012 for the offence punishable under Section 420, 406, 409, 468 r/w 34 of IRC. A charge sheet was filed on the file of the learned Additional Junior Civil Judge, Macherla and the same was numbered as C.C.No.588 of 2018. By a judgment dated 23.11.2023, the f ii said criminal case was ended in acquittal. The Collector and District Magistrate, Guntur issued proceedings vide Rc.No.3466/B4/2012, dated 26.10.2012 and removed Sister Clara as Correspondent of Nagarjuna Residential High School and appointed the then Deputy Educational Officer, Narasaraopet as Special Officer. Subsequently, the School was closed and the teaching and non-teaching staff were shifted to other schools which are functioning under the control of respondent No.4 on a work adjustment basis. 4. ¥ SRS.J ^ W.P.No.28173 of 2024 The petitioner made a representation dated 17.10.2024. However, the same was not considered so far. Hence, the writ petition. Today, when the matter is listed, the learned Assistant Government Pleader for School Education submitted instructions of respondent No.4 vide Rc.No.5687/C2/2024, dated 01.01.2025. A perusal of said instructions would disclose that the Deputy Educational Officer, Narasaraopet was appointed to inquire into the matter and submit a report to the District Educational Officer, Guntur. After receipt of the report from the Deputy Educational Officer, Narasaraopet, necessary action will be taken on the representation dated 17.10.2024 made by the petitioner, as per the Rules in vogue. 5.
Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission, with the consent of both the learned counsel, directing the Deputy Educational Officer, Narasaraopet to conduct an inquiry and submit a report to the Deputy Educational Officer, Guntur, as expeditiously as possible. Based on the inquiry report, respondents 2 to 4 shall take appropriate action on the representation dated 17.10.2024 made by the petitioner, strictly as per the Rules. There shall be no order as to costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR-^ //TRUE COPY// SE6Ti^rOFFICER To. 1. The Principal Secretary, School Education Department, A.P. Secretariat,Velagapudi, Amaravati, Guntur District. 2. The Director of School Education, Andhra Pradesh,Vidya bhavan, Venkatadri towers,Atmakur, MangalagiriMandal, Guntur District. 3. The Regional Joint Director of School Education, Guntur, Guntur District, AP
4. The District Educational Officer, Guntur District, Guntur, A.P.
5. The District Educational Officer, Palnadu District, Narasaraopet, AP. 6. The Deputy Educational Officer, Narasaraopet, Palnadu District, AP
7. One CC to Smt. Kavitha Gottipati Advocate [OPUC]
8. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUTJ^ ^ School Education, High Court of Andhra Pradesh. 10. Three CD Copies TF
HIGH COURT DATE0:02/01/2025
ORDER WP.No.28173 of 2024 0 3 FEB 2c:j Current Section Co > •f- DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS