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High Court of Andhra Pradesh · body

2025 DAILYLAW 3846 (AP)

SHAIK KAREEMA v. THE STATE OF ANDHRA PRADESH

WP/1388/2025 · 2025-02-04

Subba Reddy Satti

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S' 1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE WRIT PETITinM WRIT PETITION NO- 1337 pp ^n^i; SUBBA REDDY SATTI^ 1607 AND 1388 OF 9noii Between: 1- Boyalla Santosh Kumar, S/o. Jujr Lecturer (Botany), Dr. Zakir Hussain (Aided) Junior 0- - 255, B Colony, Kondapalli District), A.P. B Sekhar Rao, Aged about 34 years, Occ College, NTR District (Erstwhile Krishna 2. Shaik Jaffar Sadikh, S/o. Mohammad, Aged about 51 Lecturer (Physics), Dr. Zakir Hussain 3-52/1, Andhra Bank Road years, Occ Junior (Aided) Junior College, R/o. D.No. Ibrahimpatnam, NTR District (Erstwhile Krishna District), A.P. 3. Shaik Nagul Meera s/o. Hussian, Aged about 34 years Occ Junior Lecturer (Mathematics), Dr. Zakir Hussain (Aided) Junior Coiiege Z D N . -53, IBM Coiony, Kachavaram, Ketanakonda NTR D strict (Erstwhile Krishna District), A. P. ^ 4. Shaik Akheel Basha, S/o. Abdul Rasheed, Aged about Junior Lecturer (Library Sciences) College, R/o. D.No. 37 years, Occ . Dr. Zakir Hussain (Aided) Junior 21-106/2, Mosque Street, West Ibrahimpatnam, VTPS, NTR District (Erstwhiie Krishna District), A.P. -PETITIONERS AND „,E., 2 2. The Commissioner, Intermediate Education, Tadepalli, Guntur District, " . Andhra Pradesh - 525501. " V T- 3. The Regional Joint Director, Intermediate Education, Arts College Campus, Rajamahendravaram, East Godavari District - 533101. 4. The Correspondent, Dr. Zakir Hussain Junior College (Aided), Ibrahimpatnam, NTR District (Erstwhile Krishna District), Andhra Pradesh-521456. ...RESPONDENTS 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 Writ of Mandamus to declare the action of the Respondent Authorities in not considering the cases of the petitioners for absorption in aided clear retire-mental existing vacancies from the date of their initial appointments though the petitioners are having 06 to 07 years of service and not extending the similar benefits of various G. O's i.e., G.O. Ms. No. 12, Higher Education (CE-A2) Department, dated 10.03.2021 issued as per the Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020, G.O. Ms. No. 12, School Education (IE) Department, dated 24.02.2021 and G.O. Ms. No. 13, School Education (IE) Department, dated 09.02.2018 is illegal, arbitrary, discriminatory and violation of Article 14, 19 and 21 of Constitution of India and consequently direct the respondent authorities to absorb/regularization of the petitioners service in grant in aid existing vacancies with all consequential benefit in terms of G.O. Ms. No.' 12, Higher Education (CE-A2) Department, dated 10.03.2021 by considering Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020 and G.O. Ms. No, 12, School Education (IE) Department, dated 24.02.2021 and G.O. Ms. No. 13, School Education (IE) Department, dated 09.02.2018 as the petitioners are working for the last 06 to 07 years in retire- mental aided existing vacancies. lA NO: 1 OF 2025 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 respondent authorities to consider the case of the petitioners to absorb the petitioners service in grant in aid existing vacancies by extending the similar benefits of G.O. Ms. No. 12, Higher Education (CE^ A2) Department, dated 10.03.2021, by considering the Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020, G.O. Ms. No. 13, School Education (IE) Department, dated 09.02.2018, G.O. Ms. No. 12, School Education (IE) Department, dated 24.02.2021 pending disposal of the above writ petition. Counsel for the Petitioners: SRI K. SATYANARAYANA MURTHY Counsel for the Respondent Nos.1 to 4: GP FOR SCHOOL EDUCATION WRIT PETITION NO: 1607 OF 2025 Between: 1. Bandagi Baig, S/o. Rasheed Baig, Aged about 52 years, Occ. Junior Lecturer (Commerce), Dr. Zakir Hussain (Aided) Junior College, R/o. Kalyanamandapam street, Kondapalli, NTR District (Erstwhile Krishna District), A.P. 2. Shaik Ali Ahamad, S/o.Bajee Babu, Aged about 45 years, Occ. Junior Lecturer (English), Dr. Zakir Hussain (Aided) Junior College, R/o. D.No. 11-126, Islam Peta, Ganavaram, NTR District (Erstwhile Krishna District), A.P. 3. Kari Jyothi, D/o. K. Appala Swamy, Aged about 44 years, Occ. Junior Lecturer (Telugu), Dr. Zakir Hussain (Aided) JuniorCollege, R/o. UD/LD - 275, B Colony, Kondapalli, NTR District (Erstwhile Krishna District), A.P. 4. K S L Ratna Kumari, D/o. K. Sambasiva Rao, Aged about 56 years, Occ Junior Lecturer (Chemistry), Dr. Zakir Hussain (Aided) Junior College, ir 4 C/0. Chalicheemala Jeeva Kumar, R/o. HIG-367 Duplex, Revenue 28, AP Housing Board colony, Kamakoti Nagar, Vijayawada, District (Erstwhile Krishna District), A.P. ward NTR ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, School Education (I.E.) Department, Velagapudi, Amaravathi District Guntur 2. The Commissioner, Intermediate Education, Tadepalli, Guntur District, Andhra Pradesh - 525501. 3. The Regional Joint Director, Intermediate Education, Campus, Rajamahendravaram, East Godavari District Arts College -533101. 4. The Correspondent, Dr. Zakir Hussain Junior College (Aided), Ibrahimpatnam, NTR District (Erstwhile Krishna District) Andhra Pradesh - 521456. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order, or Direction of India praying that in may more particularly one in the the action of the Respondent nature of Writ of Mandamus to declare Authorities in not considering the aided clear retire-mental cases of the petitioners for absorption in existing vacancies from the date of their initial appointments though the petitioners are having 10 to 15 years of service and not extending the similar benefits of various G. O's i.e., G.O. Ms. No. 12, Higher Education (CE-A2) Department, dated 10.03.2021 issued as per the Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020, G.O. Ms. No. 12, School Education (IE) Department, dated Education (IE) Department, dated and violation of Article 14, 19 and consequently direct the respondent petitioners service in grant in aid 24.02.2021 and G.O. Ms. No. 13, School 09.02.2018 is illegal, arbitrary, discriminatory and 21 of Constitution of India authorities to absorb/regularization of the V 5 Pre existing vacancies with all consequential benefit in terms of G.O. Ms. No. 12, Higher Education (CE-A2) Department, dated 10.03.2021 by considering Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020 and G.O. Ms. No. 12, School Education (IE) Department 24.02.2021 and G.Q. Ms. No. 13, School Education (IE) Department dated dated 09.02.2018 as the petitioners are working for the last 10 to 15 years in retire- mental aided existing vacancies. lA NO: 1 OF 2025 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 respondent authorities to consider the petitioners to absorb the petitioners service in grant in aid existing vacancies by extending the similar benefits of G.O. Ms. No. 12, Higher Education (CE-A2) Department, dated 10.03.2021, by considering Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020, G.O. Ms. No. 13, School Education (IE) Department, G.O. Ms. No. 12, School Education (IE) Department pending disposal of the above writ petition. case of the the Common dated 09.02.2018, dated 24.02.2021 Counsel for the Petitioners: SRI K. SATYANARAYANA MURTHY Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES III WRIT PETITION NO: 1388 OF 2025 Between: 1. Shaik Kareema, W/o. Bhasha, Aged about 47 years, Occ Sweeper, Dr. Zakir Hussain (Aided) Junior College Ibrahimpatnam, NTR District (Erstwhile Krishna Pradesh. 2. Pulivarti Sreenivasa Rao, S/o. Prasada Rao, Aged about 45 Attender, Dr. Zakir Hussain (Aided) Junior College D.No. 20-59/1, West District), Andhra years, Occ D.No. 9-148, 6 Kanuru, Kamayya Thopu Chaitanya College Street, Vijayawada, NTR District (Erstwhile Krishna District), Andhra Pradesh. Khasim Mohammad, S/o. Rahim, Aged about 42 years, Occ Record Assistant, Dr. Zakir Hussain (Aided) Junior College, D.No. 13-231, Chandamama Peta, Nandigama, NTR District (Erstwhile Krishna District), A.P. Ch. Shobha Krishna Lakshmi, D/o. Ch. Krishna, Aged about 34 years, Occ Record Assistant, Dr. Zakir Hussain (Aided) Junior College, D.No. 3-119/1, Ramalayam Street, Paluru, West Godvari District, Andhra Pradesh. 3. 4. ...PETITIONERS AND The State of Andhra Pradesh, Represented by its Principal Secretary, School Education (I.E.) Department, Velagapudi, Amaravathi, Guntur District. The Commissioner, Intermediate Education, Tadepalli, Guntur District, Andhra Pradesh - 525501. The Regional Joint Director, Intermediate Education, Arts College Campus, Rajamahendravaram, East Godavari District - 533101. The Correspondent, Dr. Zakir Hussain Junior College (Aided), Ibrahimpatnam, NTR District (Erstwhile Krishna District), Andhra Pradesh-521456. 1. 2. 3. 4. ...RESPONDENTS 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 Writ of Mandamus to declare the action of the Respondent Authorities in not considering the cases of the petitioners for absorption/regularization of their service though the petitioners are working in clear aided retire-mental existing vacancies for the last 10 to 22 years and not extending the benefits of various G. O's i.e., G.O. Ms. No. 12, Higher 7 Education (CE-A2) Department, dated 10.03.2021 issued Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020, G.O. Ms. No. 12, School Education (IE) Department, dated 24.02.2021 is illegal, arbitrary, discriminatory and violation of Article 14, 19 as per the and 21 of Constitution of India and consequently direct the respondent authorities to consider the cases of the petitioners regularization/absorption in their respective cadre with all consequential benefits as the petitioners are working in clear aided retire-mental existing vacancies from the date of their initial appointment (10 to 22 years) in view of the Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020 by extending the benefit of G.O. Ms. No. 12, Higher Education (CE-A2) Department, dated 10.03.2021, G.O. Ms. No. 12, School Education (IE) Department, dated 24.02.2021 and G.O. Ms. No. 13, School Education (IE) Department, dated 09.02.2018. for lA NO: 1 OF 2025 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 respondent authorities to consider the case of the petitioners to regularize/absorption of the petitioners service in their respective posts as the petitioners are working in clear aided retire-mental existing vacancies from the date of their initial appointment (10 to 22 years) by considering the Common Judgement passed in W.A. No. 263 of 2019 and batch, dated 31.07.2020, extending the benefit of G.O. Ms. No. 12, Higher Education (CE-A2) Department, dated 10.03.2021, G.O. Ms. No. 13, School Education (IE) Department, dated 09.02.2018, G.O. Ms. No. 12, School Education (IE) Department, dated 24.02.2021 pending disposal of the above writ petition. Counsel for the Petitioners: SRI. K SATYANARAYANA MURTHY Counsel for the Respondent Nos.1 to 4: GP FOR SCHOOL EDUCATION The Court made the following: COMMON ORDER APHC010024342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NOs: 1337. 1607 & 1388 OF 2025 W.P.No.1337 of 2025 Between: ...PETITIONER(S) Boyalla Santosh Kumar and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1 .K SATYANARAYANA MURTHY Counsel for the Respondent{S); 1.GP FOR SERVICES III W.P.No.1607 of 2025 Between: ...PETITIONER(S) Bandagi Baig and Others AND The State Of Andhra Pradesh and Others...RESPONDENT(S) Counsel for the Petitioner(S): 2 1.K SATYANARAYANA MURTHY Counsel for the Respondent{S): 1.GP FOR SERVICES III W.P.No.1388 OF 2025 Between: Shaik Kareema and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following COMMON ORDER: Heard Sri K.Satyanarayana Murthy, learned counsel for the petitioners and Sri Ravi Teja, learned Assistant Government Pleader for School Education for the respondents 1 to 3. 2. 2. The above writ petitions are filed to declare the action of the respondents in neither considering the case of the petitioners for absorption in aided clear retire-mental existing vacancies nor extending the similar benefits in terms of G.O.Ms.No.12, Higher Education (CE-A2) Department, dated 10.03.2021 etc., as illegal and arbitrary. Learned counsel for the petitioners as well as learned Assistant Government Pleader for School Education would submit that the issue trivOTved in these writ petitions is identical to the issue involved in W.A.No.1193 of 2023 and batch dated 23.08.2024. 3. t 3 The Government filed intra-court appeals vide W.A.No.1193 of 2023 and batch against the order dated 08.08.2024 in W.P.No.10389 of 2021. Learned Single Judge allowed the W.P.No.10389 of 2021 in terms of order dated 12.07.2024 in W.P.No.11766 of 2021. The operative portion of order dated 12.07.2024 is reads as under: 4. “Accordingly, this Writ Petition is allowed, while directing the respondents to absorb the petitioners in the clear sanctioned grant-in- aid posts with all consequential benefits as per rules existed, within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs.” The afore mentioned order dated 12.07.2024 was modified by common judgment dated 23.08.2024 in W.A.Nos.1193 of 2023 and batch. The operative portion reads as follows; 5. The respondents shall submit individual applications to the appellants within a period of six weeks from the date of receipt of this order. The respondents shall also submit the relevant annexures, such as, the appointment letter, service record if any available with the respondents and any other document relating to their claim for absorption into aided posts. 12. The appellants shall pass appropriate orders preferably within a period of 8 (eight) weeks after receipt of such representation s from the respondents. With these observations, the writ appeals are disposed off without costs.” 6. Given the facts and circumstances of the case, the Writ Petitions are disposed of in terms of the common judgment dated 23.08.2024 in W.A.Nos.1193 of 2024 and batch directing the petitioners to submit individual applications to the respondents within six weeks from the date of receipt of the copy of this order along with relevant annexures, such as the appointment 4 available with the respondents and any other letter, service record if any document relating to their claim for absorption into aided posts. Learned respondents 1 to 3 shall pass appropriate orders preferably within eight weeks after receipt of such representations strictly as per rules. No order as to costs. miscellaneous petitions, if any, shall stand closed. Sd/- B PRASADA RAO assistant registrar SECT^IoJ^OFFlCER As a sequel, pending //TRUE COPY// To, 1. The Principal Secretary, School Education (I.E.) Department, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Intermediate Education, Tadepalli, Guntur District, Andhra Pradesh - 525501. 3. The Regional Joint Director, Intermediate Education, Arts College Campus, Rajamahendravaram, East Godavari District - 533101. 4. The Correspondent, Dr. Zakir Hussain Junior College (Aided), Ibrahimpatnam, NTR District (Erstwhile Krishna District), Andhra Pradesh-521456. 5. One CC to Sri K. Satyanarayana Murthy, Advocate [OPUC] 6. Two CCs to GP for Services-lll, High Court of Andhra Pradesh. [OUT] 7. Two CC’s to GP for School Education, High Court of Andhra Pradesh[OUT] 8. Three CD Copies. ssb 10 - ^ HIGH COURT DATED:04/02/2025 COMMON ORDER WP.Nos.1337, 1607 and 1388 of 2025 ^TOF ano^ 18 FEB 2025 a: o Current Section . DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS