APHC010595342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31187/2024 Between: 1. R SANTHA RAM, S/O. R. PRAKASA RAO AGED 49 YEARS, OCC.. SECONDARY GRADE TEACHER, GMC HIGH SCHOOL, 1 TOWN, VIJAYAWADA - 1, N.T.R. DISTRICT, A.P. 2. K.KISHORE, S/O. K.WILSON AGED 51 YEARS, OCC. SECONDARY GRADE TEACHER, SMPMC PRIMARY SCHOOL,VIDYADHARAPURAM, VIJAYAWADA, N.T.R. DISTRICT, A.P ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, D.NO. 398/3, VENKATADRI TOWERS, BESIDES HAPPY RESORTS, ATMAKURU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, KRISHNA DISTRICT, MACHILIPATNAM, A.P. 4. THE DISTRICT EDUCATIONAL OFFICER, N.T.R. DISTRICT. VIJAYAWADA, A.P. 5. VIJAYAWADA MUNICIPAL CORPORATION, REP.BY ITS SRS,J W.P.No.31187 of 2024 COMMISSIONER, VIJAYAWADA, N.T.R. 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 to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 2nd respondent in not considering and dispose of the representation dated 02-11-2024 made by the petitioners to carry forward the roster point no. 56 and issue promotion to the post of School Assistant (Social Studies) to the next eligible candidate is illegal, arbitrary, unjust and violative of Art. 14 and 16 of the Constitution of India and consequently direct the respondents to carry forward the roster point no. 56 and issue promotion to the post of School Assistant (Social Studies) to the next eligible candidate as per the merit and seniority and pass IA 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 to direct the 2nd respondent to consider and dispose of the representation dated 02-11- 2024 made by the petitioners forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: :: ORDER :: The petitioners, Secondary Grade Teachers, filed the above writ petition to declare the action of respondent No.2 in not considering and disposing of the representation dated 02.11.2024, as illegal and arbitrary and violative of Articles 14 and 16 of the Constitution of India. Page 3 of 5 SRS,J W.P.No.31187 of 2024 2. Heard Smt. Kavitha Gottipati, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services – II appeared for respondents 1 to 4 and Sri A.S.C.Bose, learned Standing Counsel appeared for respondent No.5. 3. The petitioners were appointed as Secondary Grade Teachers on 20.11.2000 and 05.12.2000 respectively. The petitioners are eligible and qualified to get a promotion to School Assistant (Social Studies). The sanctioned posts in the category of School Assistant (Social Studies) are 53 and the schools are functioning under the control of respondent No.5. Out of 53 posts, 3% posts were reserved for the physically handicapped category. Two eligible candidates were considered for promotion to the physically handicapped category. Respondent No.5 has taken up the promotions of School Assistant (Social Studies) from the feeder category of Secondary Grade Teachers. Though adequacy was reached in the category of physically handicapped, one Sri Md. Shajahan was promoted against the physically handicapped category. The State Teachers Union represented by its Secretary approached the authorities and requested to take action, in so far as the promotion, and made a representation to respondent No.5 dated 16.12.2021. The then Commissioner, Vijayawada Municipal Corporation communicated endorsement vide Roc.No.120840/2021/K3, dated 16.12.2021 (Ex.P2). 4. Be that as it may, the Municipal administration issued G.O.Ms.No.84 Municipal Administration and Urban Development (D1) Department, dated 24.06.2022, entrusting the supervision and administrative responsibilities of the Municipal Schools including service matters of Municipal Teachers to the School Education Department. The petitioners made a representation dated 02.11.2024 (Ex.P1) to respondent No.2. However, the same was not considered. Page 4 of 5 SRS,J W.P.No.31187 of 2024 5. At the hearing, learned counsel for the petitioners would confine arguments and urged to direct the respondent authorities to consider the representation made by the petitioners and pass appropriate orders. 6. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.Venkatesh1. 7. 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 concerned respondent authorities to consider the representation made by the petitioner vide Ex.P1, strictly as per law, and pass appropriate orders, as expeditiously as possible. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 06.01.2025 TVN 1 (2019) 8 SCALE 544 SRS,J W.P.No.31187 of 2024 173 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31187 OF 2024 Date : 06.01.2025 TVN