IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) , TUESDAY. THE FOURTH DAY OF MARCH | TWOTHOUSAND AND TWENTY FIVE ) PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 9254 OF 2019 Between: Y. Prabhakar Reddy, S/o Ramachandra Reddy, Aged about 56 years, Occ: Teacher, R/o H.No.28-794-C4, NGO's Colony, Nandyala, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education, Secretariat, Secretariat Building, Velagapudi, Guntur District A.P. 2. The Commissioner / Director of School Education, Ibrahimpatnam, Krishna District. 3. The Regional Joint Director of School Education, Kadapa, Kadapa District. 4. The District Educational Officer, Kurnool, Kurnool District. 5. The Management of St. Josephs High School, Rep. by its Correspondent, Pedda Kottala, Nandyal Mandal, Kurnool District- 518503, A.P. 6. The Management of St. Josephs Girls High School, Rep. by its Correspondent, Nandyal, Kurnool District-518501, A.P. ...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 any writ, order or direction more particularly one in the nature WRIT OF MANDAMUS, declaring the action of the respondents in issuing the impugned proceedings in Rc.No.5006/B2/2017 dated issuing the impugned proceedings in Rc.No.5006/B2/2017 28.12.2017 absorbing my post into aided post prospectively i.e. dated 28.12.2017 instead of absorbing my post into aided post from 01.05.2006 is illegal, irregular and in violation of Article Principles laid down in number of Judgments and in violation of G.O.Ms.No.23 dated 10.03.1993, discriminatory and in violation of Article 14 and 16 of the Constitution of India and consequently directed the respondents to consider the petitioner post into aided vacancy fell vacant on 01.05.2006 and to release the arrears of salary and all other consequential benefits from 01.05.2006. lA No: 1 OF 2019 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 respondents to absorb the petitioner post into aided vacancy fell vacant on 01.05.2006 instead of 28.12.2007 mentioned in the impugned Proceedings in Rc.No.5006/B2/2017 dated 28.12.2017 and to release arrears of salary and all other consequential benefits from 01.05.2006 pending disposal of the Writ Petition. Counsel for the Petitioner: Ms. Counsel for the Petitioner: Ms. G.LAKSHMI Counsel for the Respondent Nos.1 to 4: ASST.GP FOR EDUCATION Counsel for the Respondent Nos.5 & 6: The Court made the following: ORDER dated APHC010210002019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9254/2019 0!¥i0 m [3396] S' Between: Y. PRABHAKAR REDDY, Y. PRABHAKAR REDDY, S/0 RAMACHANDRA REDDY, AGED ABOUT 56 YEARS, OCC TEACHER, R/0 H.N0.28-794-C4, NGO'S COLONY, NANDYALA, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION, SECRETARIAT, SECRETARIAT BUILDING, VELAGAPUDI,GUNTURDISTRICT,A.P. 2.THE COMMISSIONER / DIRECTOR OF SCHOOL EDUCATION, IBRAHIMPATNAM, KRISHNA DISTRICT. 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA, KADAPA DISTRICT. 4.THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 5.THE MANAGEMENT OF ST JOSEPHS HIGH SCHOOL, REP. BY ITS CORRESPONDENT, PEDDA KOTTALA, NANDYAL MANDAL, KURNOOL DISTRICT-518503, A.P.. 6.THE MANAGEMENT OF ST JOSEPHS GIRLS HIGH SCHOOL, REP. BY ITS CORRESPONDENT, NANDYAL, KURNOOL DISTRICT- 518501, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1.G LAKSHMI Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) The Court made the following: 2 ORDER: This Writ Petition is fiied under Articie 226 of Constitution of india with the foliowing prayer for; a writ of Mandamus, declaring the action of the respondents In issuing the impugned proceedings in Rc.No.5006/B2/2017, dated 28.12.2017 absorbing my post into aided post prospectively i.e. dated 28.12.2017 instead of absorbing my post into aided post from 01.05.2006 is Illegal, irregular and in violation of Article Principles laid down In number of Judgments and in violation of G.O.Ms.No.23 dated 10.03.1993, discriminatory and In violation of Article 14 and 16 of the Constitution of India and consequently directed the respondents to consider the petitioner post into aided vacancy fell vacant on 01.05.2006 and to release the arrears of salary and all other consequential benefits from 01.05.2006.” Heard Ms.G.Lakshmi, learned counsel for the Petitioner and the learned Assistant Government Pleader for Education. 2. 3. Learned counsel for the Petitioner would submit that the Petitioner was appointed as B.Ed., Assistant (Maths) in the unaided post in Respondent No.5- School in terms of G.O.Ms.No.524, dated 20.12.1988. Learned counsel would further submit that, after the retirement of one K.Bhagyavathi, School Assistant (Maths), inspite of the application made by the Petitioner 19.05.2012, the Petitioner was absorbed into aided on vacancy w.e.f., 28.12.2017 prospectively, but not from the date of retirement of said Bhagyavathi. Hence, prayed to direct the Respondents to absorb the Petitioner from the date of aided vacancy i.e., 01.05.2006 and to release the arrears of salary and the consequential benefits attached to the said post. Per contra, learned Assistant Government Pleader would submit that the Management of Respondent No.5- School has not forwarded 4. any 3 proposals to the competent authority on the date of arising vacancy i.e., 01.05.2006 for absorbing the Petitioner into such vacancy. It is further submitted that as per Rules 12 and 13 contained in G.O.Ms.NO.01 Edn, dated 01.01.1994 and the guidelines issued by Respondent No.2 vide Proc.Rc.No.90/PS-l/2010-1, dated 20.07.2017, the Correspondent of the School had sent the proposals on 26.10.2017 and the same were considered and approved the case of the Petitioner on 28.12.2017 prospectively. It is further submitted that, no interference of this Court is warranted and the petition is liable to be dismissed. Admittedly, in pursuance of the Proceedings of Respondent No.2 in 5. Rc.No.3659/D1-2/89, dated 19.10.1989, the Petitioner was appointed as B.Ed. Assistant (Maths) in the unaided post on 23.10.1990 and accordingly Correspondent of Respondent-School issued Proceedings in D.Dis.No.960/A2/91, dated 22.04.1991 approving his appointment On the retirement of one K.Bhagyavathi, School w.e.f.,24.10.1990. Assistant(Maths) on 01.05.2006, the Petitioner and also the Correspondent of the School made applications dated 19.05.2012 and 09.04.2012 respectively to the competent authority to absorb the post of the Petitioner in aided post. However, the post of the Petitioner was absorbed into aided vacancy w.e.f.28.12.2017 with prospective effect but not from 01.05.2006. Absorption of the Petitioner into aided post with prospective effect, affects the counting of his unaided service for the purpose of pensionery benefits. 4 6. The fact remains is that, after rendering 27 years of service in unaided post, the Petitioner was absorbed into aided vacancy on 28.12.2017 however, with prospective effect. Such being the case, considering the services rendered by the Petitioner, he cannot be denied the pension by taking into consideration his regularization from 28.12.2017. As such, the service rendered by the Petitioner is to be considered for the purpose of calculation of pension. However, the entire service rendered by the Petitioner is not to be counted as qualifying service for pension. In such circumstances this Court is of the view that the service rendered by the Petitioner in unaided post shall be considered only for qualifying service for grant of pension. Accordingly, the Writ Petition is disposed of. Respondents are directed to consider the service rendered by the Petitioner in unaided post only for 7. qualifying service of pension. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- M SRINIVAS ASSISTANT REGISTRAR closed. //TRUE COPY// OFFICER SEC To, The State of Andhra Pradesh, Rep. by its Principal Secretary, School Secretariat, Secretariat Building, Velagapudi, Guntur District 1. Education A.P. 2. The Commissioner / Director of School Education, Ibrahimpatnam, Krishna District. 3. The Regional Joint Director of School Education, Kadapa, Kadapa District. 4. The District Educational Officer, Kurnool, Kurnool District. 5. The Correspondent, Management of St. Josephs High School, Pedda Kottala, Nandyal Mandal, Kurnool District-518503, A.P.. 6. The Correspondent, Management of St. Josephs Girls High School, Nandyal, Kurnool District-518501, A.P. 7. One CC to Ms. G.Lakshmi, Advocate [OPUC] 8. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT 9. Three CD Copies. gi HIGH COURT DATED:04/03/2025 ORDER WP.No.9254 of 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS