APHC010580802016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15648/2016 Between: 1. THIRU ARUL PAVAI, W/O J.F.SAMUEL PRAFULLA, OCC: HEAD MISTRESS (UNDER SUSPENSION), SHERMAN MEMORIAL GIRLS HIGH SCHOOL, R/O SHERMAN GIRLS HIGH SCHOOL QUARTERS, CHITTOOR, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDING, HYDERABAD. 2. THE DIRECTOR CUM COMMISSIONER OF SCHOOL EDUCATION, NAMPALLY, HYDERABAD. 3. THE DISTRICT EDUCATIONAL OFFICER, CHITTOOR DISTRICT, CHITTOOR. 4. THE DEPUTY EDUCATIONAL OFFICER, CHITTOOR DISTRICT, CHITTOOR. 5. THE CORRESPONDENT, SHERMAN MEMORIAL GIRLS HIGH SCHOOL (AIDED), CHITTOOR, CHITTOOR DISTRICT. 6. THE MANAGER/BISHOP, CHURCH OF SOUTH INDIA (CSI), VELLORE, DIOCESE OF VELLORE, TAMIL NADU STATE. ...RESPONDENT(S): 2 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 toto issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in not paying salary @ Rs 51,957/- per month from July 2015 to April 2016 and arrears of salary @ Rs.10,156/- per month from April 2015 to April 2016 to the petitioner for the period to which the petitioner discharged duties as Headmistress of Sherman Memorial Girls High School, Chittoor as illegal, unjust, arbitrary and violative of Art 14, 16 and 21 of Constitution of India and consequently direct the respondents to pay salary and arrears of salary to the petitioner forthwith be pleased to pass IA NO: 1 OF 2016(WPMP 19356 OF 2016 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 grant interim directions directing the respondents 3 and 4 to release the salaries from July 2015 and arrears of salary from April 2015 to the petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) 3 The Court Made the Following Order:- This Writ Petition under Article 226 of the Constitution of India is filed by the petitioner seeking the following relief: “to issue a writ order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in not paying salary @ Rs.51,957/- per month from July 2015 to April 2016 and arrears of salary @ Rs.10,156/- per month from April 2015 to April 2016 to the petitioner for the period to which the petitioner discharged duties as Headmistress of Sherman Memorial Girls High School, Chittoor as illegal, unjust, arbitrary and violative of Art 14, 16 and 21 of Constitution of India and consequently direct the respondents to pay salary and arrears of salary to the petitioner forthwith be pleased to pass” 2. The sum and substances of the Writ Petition is that the petitioner was placed under suspension by the 4th respondent, vide Rc.No.167/DYEO- CTR/2015, dated 20.04.2016, with effect from 10.07.2015. Aggrieved by the said suspension Order dated 20.04.2016, the petitioner has filed the present Writ Petition to declare the action of the respondents in not paying the salary for the period from July 2015 to April 2016 and also arrears of salary for the period from April 2015 to April 2016 for which the petitioner discharged duties. 3. When the matter is taken up for hearing today, Sri V. Aidinarayana, learned Assistant Government Pleader for Higher Education appearing for the respondents, had produced the written instructions vide Lr.Rc.No.2794/D3/2015, dated 21.08.2025, submitted by the 3rd respondent, before this Court. 4. As per the written instructions, the enquiry proceedings initiated against the petitioner were ended with the punishment of withholding of two increments without cumulative effect and the period of her suspension was treated as leave to which she is eligible and accordingly, the suspension period of the petitioner from 10.07.2015 to 30.06.2019 i.e., 1053 days has been treated as earned leave. 4 5. Thereafter, the petitioner was retired from service on 30.06.2019 and the authorities by following due procedure closed the disciplinary proceedings against the petitioner and had also sanctioned her service pension @Rs.27,750/- per month with effect from 01.07.2019, vide a letter dated 23.09.2021, issued by the Accountant General, Andhra Pradesh. 6. The salary for the period July-2015 to April-2016 was sanctioned and also paid to the petitioner without any dues as claimed by her. It is also stated in the written instructions dated 21.08.2025 that the petitioner was sanctioned service pension of @Rs.27,750/- per month, with effect from 01.07.2019 as well as other pensioner benefit. 7. Sri T.V. Sridevi, learned counsel for the petitioner, has not disputed the above facts and submissions. 8. In view of the written instructions, submitted by the learned Assistant Government Pleader for Higher Education appearing for the respondents, this Court is of the opinion that no further adjudication is required in this Writ Petition. 9. In view of the above facts and circumstances of the case, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 30.08.2025 BSM 5 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.15648 of 2016 Date: 30.08.2025 BSM