IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVA (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTHDAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 43039 OF 2018 Between: 1. L.Radha Krishna Murthy, S/o. Hanmantha Rao, Aged about 57 years, S.G. Teacher, Salvation Army Aided Elementary School, Annavaram, Kollipara Mandal, Guntur District. 2. D.Manoha, S/o. D.Sundar Rao, aged 54 years, S.G. Teacher, Salvation Army Aided Primary School, Stuartpuram, Bapatia Mandal, Guntur District. 3. M.Babu Shiva Prasad, S/o. Someshwara Rao, Aged 51 years, S.G. Teacher, Salvation Army Aided Primary School, Ambedkar Nagar Nambur, Pedakakani Mandal Guntur District. 4. P.Jaya Rao, S/o. Joseph, aged 55 years, S.G. Teacher, Salvation Army Aided Primary School, Duggirala, Duggirala Mandal, Guntur District. 5. P.Shalem Raju, S/o. Jesupadam, aged 54 Years, S.G. Teacher, Salvation Army Aided Primary School, Ithanagara, Tenali, Guntur District. 6. J.Syam Raju, S/o. Abraham, aged 49 years, S.G. Teacher, Salvation Army Aided Primary School, Vadapalam, Pedapulu Guvaripalem (B) Karlapalem Mandal, Guntur District. 7. Y.Satyanarayana, S/o. Sambaiah, aged 52 Years, S.G. T., Salvation Army Aided Primary School, Karlapalem, Karlapalem Mandal, Guntur District. 8. D.Venkata Ratnam, S/o. Joseph, aged 57 years, S.G. Teacher, Salvation Army Aided Elementary School, Danthaluru, Kollepara Mandal, Guntur District. 9. Y.Syam Prasanna, D/o. Joseph, aged 46 years, S.G. Teacher, Salvation Army Aided Primary School, Kattevaram, Tenali Mandal Guntur Dist. 10. G.Ruthamma, D/o. Bhaskara Rao, aged 53 years, S.G. Teacher, Salvation Army Aided Elementary School, Emani, Duggirala Mandal Guntur District. P.EIisha Rao, S/o. Jaya Rao, aged 55 years, S.G. Teacher, Salvation Army Aided Elementary School, Duggirala, Guntur District. 11. 12. D.Phebe, D/o. Job, aged about 57 years, S.G. Teacher, Salvation Army Aided Primary School, Stuvart Puram, Bapatia Mandal, Guntur District. 13. K.Kamala Devi, D/o. Kanakaratnam, aged 61 Years, Retired S.G. Teacher, Salvation Army Aidfed Elementary School, Lankamalapally , Nagaram, Mandal, Guntur District. P.Nancharaiah, S/o. Subba Rao, aged 44 years, S.G. Teacher, Salvation Army Aided Elementary School, Murukondapadu, Bapatia Mandal, Guntur District. D.Jhansi Lakshmi, D/o. Gnana Sundara Rao, aged 60 years. Retd. S.G. Teacher, Salvation Army Aided Elementary School, Danthaluru, Kollepara Mandal, Guntur District. 14. 15. ...Petitioners AND 1. The District Educational Officer, Guntur, Guntur District. 2. The Regional Joint Director of School Education, Guntur. 3. The Commissioner of School Education, State of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 4. The State of Andhra Pradesh, rep. by its. Principal Secretary, School Education Department, Secretariat, Amaravati, Andhra Pradesh. 5. The Correspondent, Salvation Army Elementary Schools, Bapatia and Tenali Divisions, SAWB Junior College, Bapatia, Guntur District. 14. 15. ...Petitioners AND 1. The District Educational Officer, Guntur, Guntur District. 2. The Regional Joint Director of School Education, Guntur. 3. The Commissioner of School Education, State of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 4. The State of Andhra Pradesh, rep. by its. Principal Secretary, School Education Department, Secretariat, Amaravati, Andhra Pradesh. 5. The Correspondent, Salvation Army Elementary Schools, Bapatia and Tenali Divisions, SAWB Junior College, Bapatia, Guntur District. ...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 declaring that the petitioners are entitled for counting their service in the category of S.G. Teachers with effect from the date of their 1st appointment to the said post i.e. from December, 2001 onwards with all consequential and attendant benefits by holding the action of the respondents in counting their service only from November, 2004 onwards, the date of approval of their appointment, even though they were selected by the competent Selection Committee during August, 2000 and were appointed by the Management in December, 2001 and they were continued all along and the delay in approving their appointment is not on the fault of the petitioners is as illegal, arbitrary, discriminatory, unjust and in violation of Article 14 of the constitution of the India lA NO: 1 OF 2018 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 consider the case of the petitioners for counting their service in the category of S.G. Teachers from December 2001 onwards by duly passing appropriate orders on the representation s made by the petitioners including the latest representations in November, 2016 and April, 2017 Counsel for the Petitioners: SRI K NARAYANA Counsel for the Respondents No.1 to 5: GP FOR SCHOOL EDUCATION (AP) The Court made the following: Order APHC010889912018 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3396] f WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 43039/2018 Between: L.Radha Krishna Murthy and Others ...PETITIONER{S) AND The District Educational Officer and Others Counsel for the Petitioner(S): 1.KNARAYANA Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION (AP) 2.GP FOR SERVICES IV ...RESPONDENT(S) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring that the petitioners are entitled for counting their service in the category of S G Teachers with effect from the date of their 1 appointment to the said post i.e. from December 2001 onwards with all consequential and attendant benefits by holding the action of the respondents in counting their service only from November 2004 onwards the date of approval of their appointment even though they were selected by the competent Selection Committee during August 2000 and were appointed by the Management in December 2001 and they were continued all along and the delay in approving their appointment is not on the fault of the petitioners is as illegal arbitrary discriminatory unjust and in violation of Article 14 of the Constitution of the India." 2. Brief facts of the case are that: the Notification issued by the respondent No.5 dated i) As per 23.06.2000, Petitioners applied to the post of Aided Secondary Grade Teachers. 2 Petitioners underwent to the appointed in various schools under the Management Schools. As recruitment process, qualified and they control of the respondent No.5- per the directions of the respondent authorities, Petitioners joined in their respective posts and worked were as such. Their appointments were not approved by the authorities till November, ii) A Writ Petition 2004. was filed by one of the unsuccessful candidate-Sri K.Nagaiah alleging certain irregularities in the selection process. Respondent No.l approved the selections and issued though Petitioners were appointed and discharged 2001 onwards. Petitioners 13 and 15 retired from appointment orders in November, 2004, their duties from December, service during the pendency of this Writ Petition. iii) The grievance of the Petitioners is that respondent authorities counting the service rendered by the Petitioners for the pay scales and other service benefits from December, 2001 their first appointment and thereby caused financial iv) Ventilating their grievance. Petitioners made are not purpose of increments, i.e, from the date of loss to them. several representations including the latest representations in November, 2016 and April, 23017, but there is no respondent from the authorities. Hence, this Writ Petition. 3. Heard Sri K.Narayana, learned counsel for the Petitioners Assistant Government Pleader for School Education Perused the material on record. and learned appearing for respondents. 4. Learned counsel for the Petitioners would submit that though Petitioners worked as Secondary Grade Teachers with effect from the the date of 3 their first appointment i.e., from December, 2001, their services were counted only from November, 2004 for all services benefits and increments. Further, the Petitioners were selected by the competent selection committee in the month of August, 2000 and were appointed by respondent No.5-Management in December, 2001 and their services were regularised in November, 2005 instead of December, 2001, which is purely an administrative Delay. Learned counsel would submit that alleging certain irregularities in the selection process, Sri K.Nagaiah, who is the unsuccessful candidate, filed WP No. 14205 of 2000 and the said writ petition was dismissed on 23.07.2010. Finally, learned counsel prays that petitioners may be permitted to make a fresh representation to consider their services from December, 2001 i.e, from the date of their first appointment instead of November, 2004. 5. Learned Assistant Government Pleader would submit that the court may pass appropriate orders. 6. Considering the submissions, liberty is granted to the Petitioners to make a fresh representation to the respondent authorities ventiiating their grievance and the respondent authorities shall consider and take an appropriate decision according to the governing rules and law. 7. With the above direction, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// FFICER SE To, 1. The District Educational Officer, Guntur, Guntur District. 2. The Regional Joint Director of School Education, Guntur. 3. The Commissioner of School Education, State of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 4. The Principal Secretary, State of Andhra Pradesh, School Education Department, Secretariat, Amaravati, Andhra Pradesh. 5. The Correspondent, Salvation Army Elementary Schools, Bapatia and Tenali Divisions, SAWB Junior College, Bapatia, Guntur District. 6. One CC to SRI K NARAYANA Advocate [OPUC] 7. Two CCS to GP FOR SCHOOL EDUCATION (AP), High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR SERVICES IV, High Court of Andhra Pradesh [OUT] 9. Three CD Copies gsg HIGH COURT DATED: 16/04/2025 ORDER WP.No.43039 of 2018 DISPOSING THE WP WITHOUT COSTS