¥ N APHC010829252018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA WRIT PETITION NO: 39980 OF 201« r . I U jyothirmai pratapa Between; Smt. M. Venkata Saritha, D/o. M. D.No.5-3, Tadikonda, Guntur District Sarath Babu, Aged about 39 Andhra Pradesh. years, R/o. ...PETITIONER AND 1. state of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, District. 2. The Commissioner of School District. 3. The Regional Joint Director of School Education 4. The District Educational Officer, Guntur District 5. G. V. K. Girls High School, Rep. by its Secretary and Correspondent Tadikonda, Guntur District. Secretariat, Velagapudi Village, Amaravathi, Guntur Education, Ibrahimpatnam, Krishna , Guntur. , Guntur. ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated i of India praying that in the in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the proceedings issued by the 3^'^ respondent in Rc.No.3671/B1/2017 dated 10.08,2018 whereby he cancelled the Proceedings dated 24.08.2017 whereby the petitioner post of Record Assistant (Aided) in the 5'^ respondent school arbitrary and unreasonable and to direction to the respondents to was absorbed in the -J, as illegal, set aside the same with continue the petitioner in the post of Record Assistant (Aided) by drawing regular grant-ln-aid salary in the S'" respondent school. a consequential lA NO: 1 OF 2ni« Petition under Section 151 CPC praying that in the circumstances stated .n the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings issued by the respondent in Rc.No.3671/B1/2017 dated 10.08.2018 by allowing the petitioner to continue to work in Aided Record Assistant Post by drawing regular grant-in-aid salary in the 5- respondent school, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K. V. RAGHU VEER Counsel for the Respondent Nos.1 to 4: GP FOR EDUCATION Counsel for the Respondent No.5:-- The Court made the following order: 1 APHC010829252018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 39980/2018 Between: SMT. M. VENKATA SARITHA, SMT. M. VENKATA SARITHA, D/0. M. SARATH BABU, TADIKONDA, GUNTUR DISTRICT, ANDHRA PRADESH. AGED ABOUT 39 YEARS R/0. D.NO.5-3 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, EDUCATION DEPARTMENT, VELAGAPUDI VILLAGE, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF SCHOOL EDUCATION, IBRAHIMPATNAM, KRISHNA DISTRICT. 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, GUNTUR. 4.THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT, GUNTUR. 5.G V K GIRLS HIGH SCHOOL, REP. BY ITS SECRETARY AND CORRESPONDENT, TADIKONDA, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.KVRAGHU VEER Counsel for the ResponJent(S): 2 1.GP FOR EDUCATION (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution the following prayer for: of India with a Writ of Mandamus to declare the proceedings issued by the 3rd respondent in Rc.No.3671/B1/2017 dated 10.08.2018 whereby he cancelled the Proceedings dated 24.08.2017 whereby the petitioner was absorbed in the post of Record Assistant (Aided) in the 5th respondent school, as illegal, arbitrary and unreasonable and to set aside the same with a consequential direction to the respondents to continue the petitioner in the post of Record Assistant (Aided) by drawing regular grant-in-ald salary in the 5th respondent school ’’ 2. Heard Sri K.V.Raghuveer, learned learned Assistant Government Pleader Respondents 1 to 4. counsel for the Petitioner and for Education appearing for 3. Learned counsel for the Petitioner would submit that the working as Record Assistant in the school of Respondent No.5 since so, she has preferred W.P.No.2367 of 2012 seeking her In the light of the interim orders passed therein, after considering the candidature of the Petitioner, absorbed into aided vacancy vide orders dated 24.08.2017 impugned order vide Rc.No.3671/B1/2017, dated 10.08.2018 Petitioner is 13.06.2001. While absorption into regular aided vacancy. she was While so, the was passed setting aside the absorption on the ground that she is non-teaching staff and her post cannot be absorbed into aided vacancy. The Petitioner has approached this Court by preferring this writ petition. Learned counsel would further submit that despite the impugned order passed, she has been continuing in the service for the last eight years. Furthernnore, after absorption into aided service, the post is absorbed into Government service, counsel would submit that the Petitioner has been working since 2002. Now, Learned her post is absorbed into Government service. 4. Learned Assistant Government Pleader for School Education, on written would submit that at present, the Petitioner is continuing in the instructions. grant-in-aid post as Record Assistant. 5. Learned counsel for the Petitioner would submit that by recording the representation that now her services were absorbed into Government service, she is working as Record Assistant, the impugned order may be set aside. 6. Admittedly, the Petitioner was initially appointed as Record Assistant in an unaided vacancy in the year 2001 vide Proceedings dated 04.06.2001 issued by Respondent No.4. In view of the retirement of one Smt.K.Jhansi, Record Assistant (Aided), the Petitioner made a representation to absorb her not considered on the ground of ban in the post. However, the same was Government. As such, the Petitioner filed W.P.No.2367 imposed by the State of 2012 before this Court, wherein, an interim order dated 01.02.2012 was passed in W.P.M.P.No.2939 of 2012 directing the Respondents therein to for admitting the Petitioner into grant-in-aid post, within a consider her case period of six weeks from the date of the said order. 7. A bare perusal of the material placed on ban imposed by the Government was 30.07.2013 passed by this Court in W.P.No.9503 of 2005 and Batch. Against record would disclose that, the set aside by the Order dated the said order, the State filed WANo,70 of 2014 interim order in W.A.M.P.No.663 of 2014 dated 25.02.2014 permitting the appointments in aided posts subject to the outcome and Batch, wherein, an was passed of the Writ Appeals and the same was confirmed by the Hon’ble Apex Court in S.L.P.(C) No.8430-28435 of 2014, dated 14.09.2015. Subsequently, the State Government issued G.O.Ms.No.40 dated 30.06.2017, whereby the ban Memo dated 20.10.2014 was withdrawn. In view of the said G.O., Respondent No.5 had issued Proceedings dated 02.08.2017 absorbing the Petitioner into the existing vacancy of Record Assistant (Aided) and the Respondent No.5 - School to Respondent No.3 vide Letter dated Thereupon, Respondent No.3 had issued Order same was intimated by 03.08.2017. dated 24.08.2017 in L.Dis.No.3671/B1/2017 sanctioning the absorption of the Petitioner into vacant aided post of Record Assistant with immediate effect and ever since, the Petitioner has been working as such. Subsequently, Respondent No.3 vide Letter dated 10.05.2018 8. proposed cancellation of absorption of the Petitioner asking to submit her over the said proposal. As such, the Petitioner had objections approached this Court by filing of W.P.No. 18263 of 2018 and the same was disposed of by this Court vide Order dated 06.06.2018 by giving liberty to the Petitioner supply of documents on which Respondent No.3 to request for was relying upon for cancellation of her absorption. For ready reference, relevant paragraph of the said order is extracted hereunder: 5 “5. The Writ Petition is accordingly disposed of granting liberty to the petitioner to make a request to supply all the documents. If such a request is made within two weeks from today, the Regional Joint Director of School Education shall supply the copies referred to in the impugned proceedings. On supply of such documents, the petitioner shall file her explanation within two weeks thereafter and the Regionat Joint Director of School Education shall examine the said explanation objectively uninfluenced by the observations made in the show cause notice and pass appropriate orders as warranted by law. Till a decision is made by the Regional Joint Director of School Education, the status of the petitioner as Record Assistant in Aided Post shall not be disturbed. There shall be no order as to costs. ” It is the contention of the Petitioner that, pursuant to the above 9. mentioned order, inspite of the oral requests made by the Petitioner to furnish the said documents, the same have not been considered by Respondent No.3. Subsequently, Respondent No.3 had issued the impugned proceedings dated 10.08.2018 cancelling the Order of absorption of the Petitioner, dated 24.08.2017 on the ground that non-teaching staff cannot be absorbed in an aided vacancy. In view of the vacancy of the aided post of Record Assistant lying with Respondent No.5 - School due to the retirement of the incumbent 31.01.2007 and also the withdrawal of the ban Memo dated 20.10.2014 vide G.O.Ms.No.40, dated 30.06.2017 by the State Government, cancellation of the absorption of the Petitioner into the aided post, is not sustainable. Moreover, after absorption of the Petitioner into Aided Post, the same was absorbed into Government service. Furthermore, subsequent to the issuance of the impugned proceedings dated 10.08.2018 also the Petitioner has been continuing in the Grant-in-Aid post as R.ecord Assistant and the same was on 6 admitted by Respondent No.3 vide letter 30.06.2025. in Lr.Rc.No.SPI/B5/2025, dated 10. In view of the foregoing discussion, this Court is of the view that there i force in the contentions raised by the Petitioner. IS In such circumstances, the only on technical ground, same is liable to be set aside since the absorption of the Petitioner into aided post was done in compliance of the judicial order impugned proceedings issued by Respondent No.3, is not sustainable and the passed in her favour. 11. In the result, the Writ Petition iIS allowed setting aside the impugned proceedings issued by Respondent No.3 in Rc.No.3671/B1/2017 dated 10.08.2018. Respondents are directed to continue the Petitioner in the post of - School. There shall be Record Assistant (Aided) in Respondent No.5 no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon’ble the Chief Justice Sri Dhiraj Singh Thakur on this Friday, Fourth day of July, Two Thousand and Twenty Five. Sd/- K TATA RAO DEPUTY REGISTRAR Fc //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Education Department, State of Andhra Pradesh, Secretariat, Velagapudi Village, Amaravathi, Guntur District. 2. The Commissioner of School Education, Ibrahimpatnam, Krishna District. 3. The Regional Joint Director of School Education, Guntur. 4. The District Educational Officer, Guntur District, Guntur. 5. The Secretary and Correspondent, G. V. K. Girls High School, Tadikonda, Guntur District. 6. One CC to Sri K. V. Raghu Veer, Advocate [OPUC] 7. Two CCs to GP for Education, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED;04/07/2025 ORDER WP No.39980 OF 2018 ^ro^ANDS^ I ? 4 M 2025 ^ , Current Section S?spatc«®5-' ov ALLOWING THE W.P. WITHOUT COSTS