APHC010591032023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30462/2023 Between: 1. ALLU PRASADA RAO, S/O. NARAYANA, AGED ABOUT 60 YEARS, OCC. SECONDARY GRADE TEACHER (TELUGU), HALL TICKET NO. 101690, R/O. D. NO. 8-20, ALWAR STREET, BOBBILI TOWN, VIZIANAGARAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, D. NO. 7-104, B BLOCK, SRI ANJANEYA TOWERS, NTTPS ROAD, IBRAHIMPATNAM, NTR DISTRICT. 3. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 4. THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE AREA, VIZIANAGARAM CANTONMENT, 2 VIZIANAGARAM DISTRICT, A.P ...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 tomay be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in appointing the Petitioner as contract teacher on minimum time scale basis on the pretext of G.O.Ms.No.27 dated 15.03.2023 while appointing counterparts of DSC-1998 qualified Teachers as vidya volunteers basing on the opinion of the recommendations of the Committee who were subsequently absorbed on a regular basis and brought under CCA Rules, 1991 for the purpose of disciplinary action and whereas denying the benefit of continuance in service upto age of 62 years to the Petitioner on other hand as totally irrational, unfair, unwarranted, legally incorrect and in violation of Articles 14 and 16 of the Constitution of India and consequently set aside the G.O. in so far as adverse condition is concerned and consequently declare that the Petitioner is entitled to the identical and similar benefits derived from the Govt. Memo. No.7705/ser.VII/2004 dated 23.05.2005, as are enjoying by the counterparts of DSC-1998 qualified teachers including absorption on the notional basis by taking into account the dicta laid down by the Apex Court in The State of Bihar and Others v. Arbind Jee in Civil Appeal No. 3767/2010 and further direct the Respondent authorities to continue the Petitioner as Secondary Grade Teacher in service upto age of 62 years with all consequential benefits and pass such 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 may be pleased to pass an interim order by directing the Respondentauthorities to continue the Petitioner as Secondary Grade Teacher till he 3 attains the age of 62 years without any reference to the nomenclature of his appointment, until disposal of the above writ petition and pass such Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.30462 of 2023 ORDER: Learned counsel for the Petitioner submits that in view of further developments, the cause in the writ petition does not survive. 2. Recording the said submission, the writ petition is dismissed as infructuous. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 24.07.2025 KLP