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2025 DAILYLAW 42459 (AP)

THE COMMISSIONER, PONNUR MUNICIPALITY, GUNTUR DISTRICT v. SMT.A.ARUNA KUMARI, & 4 OTHERS

WP/21089/2013 · 2025-12-17

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010606672013 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 21089/2013 Between: 1. THE COMMISSIONER, PONNUR MUNICIPALITY, GUNTUR DISTRICT, PONNUR MUNICIPALITY PONNUR, GUNTUR DISTRICT. 1. SMT A ARUNA KUMARI 4 OTHERS, AGED ABOUT 60 RETIRED BALWADI TEACHER, R/O 2ND LINE, NETAJINAGAR, POST OFFICE ROAD, NIDUBROLU, PONNUR, GUNTUR DISTRICT 522 1.24. 2. THE DISTRICT EDUCATIONAL OFFICER, GUNTUR, GUNTUR DISTRICT - 522 001. 3. THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF A.P., HYDERABAD 500 001. 4. THE AUDIT OFFICER LOCAL FUND AUDIT, GUNTUR, GUNTUR DISTRICT - 522 001 5. THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL, REPRESENTED BY ITS REGISTRAR, PURANIHAVELI. HYDERABAD - 500 001. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 21089/2013 THE COMMISSIONER, PONNUR MUNICIPALITY, GUNTUR DISTRICT, PONNUR MUNICIPALITY PONNUR, GUNTUR DISTRICT. ...PETITIONER AND SMT A ARUNA KUMARI 4 OTHERS, AGED ABOUT 60 RETIRED BALWADI TEACHER, R/O 2ND LINE, NETAJINAGAR, POST OFFICE ROAD, NIDUBROLU, PONNUR, GUNTUR DISTRICT THE DISTRICT EDUCATIONAL OFFICER, GUNTUR, GUNTUR 522 001. THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF A.P., YDERABAD 500 001. THE AUDIT OFFICER LOCAL FUND AUDIT, GUNTUR, GUNTUR 522 001. THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL, REPRESENTED BY ITS REGISTRAR, PURANIHAVELI. HYDERABAD ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE EIGHTEENTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA THE COMMISSIONER, PONNUR MUNICIPALITY, GUNTUR DISTRICT, PONNUR MUNICIPALITY PONNUR, GUNTUR DISTRICT. ...PETITIONER SMT A ARUNA KUMARI 4 OTHERS, AGED ABOUT 60 YRS, RETIRED BALWADI TEACHER, R/O 2ND LINE, NETAJINAGAR, POST OFFICE ROAD, NIDUBROLU, PONNUR, GUNTUR DISTRICT - THE DISTRICT EDUCATIONAL OFFICER, GUNTUR, GUNTUR THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF A.P., THE AUDIT OFFICER LOCAL FUND AUDIT, GUNTUR, GUNTUR THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL, REPRESENTED BY ITS REGISTRAR, PURANIHAVELI. HYDERABAD ...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 2 CMR,J & GTK,J W.P.No.21089 of 2013 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for the records relating to and connected with order of the A.P. Administrative Tribunal, dated 27.8.2012 passed in O.A. No.1472/2010 and quash the same and to pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case. IA NO: 1 OF 2013(WPMP 25836 OF 2013 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 suspend the operation of the order of A.P. Administrative Tribunal, dated 27- 08-2012 passed in O.A.No.1472/2010 and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case. IA NO: 1 OF 2014(WVMP 3945 OF 2014 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 vacate the Interim orders granted in W.P.MP.No.25836/2013 in W.P.No.21089/2013 dated:18.07.2013 IA NO: 1 OF 2015(WPMP 5985 OF 2015 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 Counsel for the Petitioner: 1. Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities 2. GP FOR SCHOOL EDUCATION Counsel for the Respondent(S): 1. HARINATH REDDY SOMAGUTTA 2. . 3 CMR,J & GTK,J W.P.No.21089 of 2013 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) The Ponnur Municipality represented by its Commissioner challenges the order dated 27.08.2012 passed in O.A.No.1472 of 2010 on the file of the learned Andhra Pradesh Administrative Tribunal, Hyderabad, in this writ petition, whereby, the Tribunal has directed to regularize the services of the applicant therein from the date of her initial appointment and held that the applicant is entitled for regular scale of pay and directed to pay the same. 2. Heard Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipalities appearing for the writ petitioner, Mr. V.Maheshwar Reddy, learned counsel representing Mr. Harinath Reddy Somagutta, learned counsel appearing for respondent No.1 and the learned Government Pleader for Services-III appearing for respondent Nos.2 and 3. None appeared for respondent Nos.4 and 5. 3. The issue involved in this writ petition is similar to the issue involved in Writ Petition No.7631 of 2012. The facts in both the writ petitions are similar with each other. In this case also, the applicant was originally appointed as Higher Grade Teacher in Ponnur Municipality. Subsequently, her services are discharged on the ground that she was not appointed, as per rules, on regular basis. It was challenged before the High Court. For want of jurisdiction relating to service matters, it was dismissed. Thereafter, she approached the Administrative Tribunal. The Tribunal held in the O.A. that was filed by her that she was appointed as per rules and directed to regularize her services and to pay the pay scale to her. The Municipality failed to implement the said order. In the meanwhile, she retired. Thereafter, she filed the present O.A.No.1472 of 2010 before the Tribunal to grant her regular scales as per revised pay scales. The said O.A. was allowed by the impugned order and the Tribunal has directed the Municipality to regularize her services from the date of her initial appointment and held that she is entitled to regular pay scale. 4 CMR,J & GTK,J W.P.No.21089 of 2013 4. Aggrieved by the said order, the present writ petition was filed by the writ petitioner-Municipality. 5. Since the similar issue was already answered in Writ Petition No.7631 of 2012 in favour of the applicant, the applicant herein in this writ petition, who is similarly placed, is also entitled to the same relief. In the said Writ Petition No.7631 of 2012, we have rejected the contentions of the Municipality, assigning reasons therein and upholding the order of the Tribunal. The same reasoning and the verdict given in the said writ petition clearly applies to the present facts in this writ petition also. Both the learned counsel for the writ petitioner and the learned counsel for the respondents have also conceded that as the facts in both writ petitions are similar, to dispose of this writ petition also in terms of the order passed in Writ Petition No.7631 of 2012 dated 18.12.2025. 6. Therefore, this Writ Petition is dismissed in terms of the order passed in Writ Petition No.7631 of 2012 dated 18.12.2025. There shall be no order as to costs. The Registry is directed to enclose a copy of the order in Writ Petition No.7631 of 2012 dated 18.12.2025 to the order in this writ petition. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 18.12.2025 MDP