IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ’■Jl; WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA REVIEW I.A. No.1 of 2024 in WRIT PETITION NO: 31315 OF 2021 AND C.C. No.5896 of 2023 REVIEW I.A. No.1 of 2024 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government School Education Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of School Education, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh, 3. The Regional Joint Director, School Education, Guntur 4. The District Educational Officer, Guntur Dist., Andhra Pradesh. 5. The Deputy Educational Officer, Narsaraopet, Guntur Dist. ...REVIEW PETITIONERS/RESPONDENT No. 1 to 5 in WP. No.31315of 2021 AND 1. J.Saveena, W/o. K.Moses Ratna Kumar, Age 59 years. Working as Senior Assistant, (Social Studies and English), HIRD Junior College for Women (High School Section), Narsaraopet Guntur District, A.P., ...RESPONDENT/WRIT PETITIONER 2. HIRD Junior College for Women Narsaraopet, Rep. by its Special Officer High School Section, Narsaraopet. (Respondent No. 6 deleted from the array of cause title as per C.O.dt 31-10-2022 Vide LA. No. 1/2022 in WP 31315/2021 in the Petition and Affidavit) (non appeared) % ...RESPONDENT/RESPONDENT Petition under Order 47, Rule 1 R/w Section 114 of 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the Review Petition and set aside the order passed in WP No. 31315 of 2021 dated 22-12-2022. WRIT PETITION NO: 31315 OF 2021 Between: J.Saveena, W/o. K.MosesRatna Kumar, Age 59 years. Working as Senior Assistant, (Social Studies and English), HIRD Junior College for Women (High School Section), Narsaraopet Guntur District, A.P., ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government School Education Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of School Education, Ibrahimpatnam, Vijayawada Krishna District, Andhra Pradesh, 3. The Regional Joint Director, School Education, Guntur 4. The District Educational Officer, Guntur Dist., Andhra Pradesh. 5. The Deputy Educational Officer, Narsaraopet, Guntur Dist. 6. HIRD Junior College for Women Narsaraopet, Rep. by its Special Officer High School Section, Narsaraopet. (Respondent No. 6 deleted from the array of cause title as per C.O.dt 31-10-2022 Vide I.A. No. 1/2022 in WP 31315/2021 in the Petition and Affidavit) ...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 in the nature of Mandamus declaring the action of the respondent in not counting ti .e services of the petitioner from 18.8.1986 to 1.4.1992 for the purpose of notional fixation of automatic advancement for fixation of increment, for application of PRCs after 1998 inclusion of the said service for the purpose of notional benefits as illegal, arbitrary and violation of Article 14, 16 and 21 of the Constitution of India and contrary to law laid down by the Division Bench of this Court reported in 2016 (4) ALD 662 and consequently declare that the petitioner is entitled for counting the services rendered from 18.8.1986 to 1.4.1992 for the purpose of Automatic Advancement and increment, notional fixation, pensionary benefits and other PRCs in the interest of justice. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to issue Interim Direction directing the respondent to forthwith consider the case of the petitioner for counting the services rendered from 18.8.1986 to 1.4.1992 for the purpose of Automatic Advancement and increment, notional fixation, pensionary benefits and other PRCs keeping in view of the Division Bench of this Court reported in 2016 (4) ALD 662 based on the representation of the petitioner dt.2.12.2016 pending disposal of the above W.P. lA NO: 2 OF 2024 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 15 of pleased to set aside and set aside the order in W.P. No. 313 2021, Dt 22.12.2022. Counsel for the Petitioners : GP FOR SERVICES III 2k ^ Counsel for the Respondent No.1 : SRI A. RAJENDRA BABU Counsel for the Respondent No.2 : SRI P.V. RAMANA CONTEMPT CASE NO: 5896 OF 2023 Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to summon, prosecute and punish the respondent U/S's 10 to 12 of the contempt of Court Act for willful and deliberate violation of the orders of this Hon'ble Court dated 22-12-2022 in WP No. 31315 of 2021. Between: J.Saveen, W/o. K. Moses Ratna Kumar, Aged about 59 years. Working as Senior Assistant,(Social Studies and English) HIRD Junior College for Women, (high School Section), Narsaraopet Guntur District. ...PETITIONER AND 1. Praveen Prakash, IAS, The State of Andhra Pradesh, Represented by its Principal Secretary, Department of School Education, A.P Secretariat buildings, Velagapudi, Guntur District. 2. S Suresh Kumar IAS, The Commissioner of School Education, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh 3. VS Subba Rao, The Regional Joint Director, School Education, Guntur District. 4. P Sailaja, District Educational Officer, Guntur District. ...CONTEMNORS Counsel for the Petitioner: SRI KODE RAMESH BABU Counsel for the Respondents: SRI RAMA CHANDRA RAO GURRAM The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA TV REVIEW I.A.No.j of 2024 in W.P.No.31315 of 2021 AND C.C.No.5896 of 2023 COMMON ORDER: Heard the learned counsel for the Review petitioners/Respondent Nos.1 to 5 in W.P.No.31315 of 2021 and the learned counsel for the respondents. 2. Learned counsel for the Review Petitioners submits that this Court passed an order dated 22.12.2022 in W.P.No.31315 of 2021, which is extracted hereunder: “In view of the same, for the reasons alike as were mentioned in the aforesaid order, this Writ Petition is also allowed and while declaring the action of the respondents in not counting the services of the petitioner from 18.08.1986 to 01.04.1992 for the purpose of notional fixation of automatic advancement for fixation of increment for application of PRCs after 1998 as illegal and arbitrary, the respondents are further directed to count the services rendered by the petitioner from 18.08.1986 to 01.04.1992 for the purpose of automatic advancement and increment, notional fixation, pensionary benefits and other PRCs and to release the regular pay scales with all attendant benefits with arrears for the said period with interest at 7% p.a., within six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ” 2 3. Further learned counsel for the Review Petitioners submits that the Respondents/Petitioner in W.P.No.31315 of 2021 has filed contempt case ^ alleging that the orders passed by this Court in W.P.No.31315 of 2021 are not complied with and also alleged that the respondents disobeyed the orders. Pending the contempt case, the Review Petitioners/Respondent in W.P.No.31315 of 2021 came with this Review Petition stating that at the time of hearing the W.P.No.31315 of 2021, this Court was misguided in passing the order impugned in this contempt petition by observing that the issue involved in this writ petition is squarely covered by the order passed in W.P.No.7080of 2013 dated 06.05.2022. Pursuant to the submissions by the learned Government Pleader for Service-Ill appearing for respondents/Rev iew Petitioners and also admitted the same and did not dispute the same. He further submits that a detailed counter-affidavit was filed by the Review Petitioners and at the time of final hearing without considering the plea of the Review Petitioners at its counter, this Court was pleased to allow the Writ Petition as per the directions of this Court in W.P.No.7080 of 2013 extracted supra. Further this Court has not taken into consideration the factual aspect that the respondent/petitioner was already appointed as School Assistant for Social studies in Hird Jr. College(HS) for Women, Narsaraopet in the unaided vacancy with effect from 18.08.1986 on purely temporary basis subject to termination without any notice. Hence, seeking modification of the said order this Review Petition is filed. 3 4. Learned counsel for the Review Petitioner further submits that in view ''V^of the grounds as mentioned abo\/e, the facts and circumstances in the writ petition are different from the orders passed in W.P.No.7080 of 2013, as such the order passed in W.P.No.7080 of 2013 is not applicable. But this Court was mislead pursuant to the submissions of the learned counsel, this Court under the impression that the subject matter in hand and W.P.No.7080 OF 2013 are similar, has allowed the Writ Petition in terms of the orders passed in W.P.No.7080 of 2013. Therefore, the order impugned in the contempt case shall be reviewed. 5. On the other hand, learned counsel for the respondents submits that the orders passed in W.P.No.31315 of 2021 dated 22.12.2022 is not similar to the facts in W.P.No.7080 of 2013, but due to submissions of the learned counsel, this Court passed similar order, which is not applicable. Therefore, the Review Petition filed by the Review Petitioner/respondents should be considered. 6. In view of the facts and circumstances of the case and on perusal of the material placed on record and for the reasons stated in the review petition this Review I.A.No.1 of 2024 is allowed. Accordingly, the order dated 22.12.20222 in W.P.No.31315 of 2021 is hereby recalled and the Writ Petition is restored. Registry is directed to post the matter before concerned Board for hearing, at the earliest. 7. Since, the order impugned in the contempt case is recalled, t.he Contempt Case becomes infructuous. Accordingly, Contempt Case is closed ir as infructuous. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/. P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// t^TtOfToFFICER SE To, 1. The Principal Secretary to Government School Education Department State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner of School Education, Ibrahimpatnam, Vijayawada Krishna District, Andhra Pradesh. 3. The Regional Joint Director, School Education, Guntur. 4. The District Educational Officer, Guntur Dist., Andhra Pradesh. 5. The Deputy Educational Officer, Narsaraopet, Guntur Dist. 6. The Special Officer, HIRD Junior College for Women Narsaraopet High School Section, Narsaraopet. ’ The State of Andhra CXaSud^Tun^rDisfrfof ^ ^ Secretariat buildings, The Commissioner of School Education Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh Guritur District^^^’ Joint Director, School Education, lO.Mrs.P Sailaja, District Educational Officer, Guntur District. 11.One CC to Sri A. Rajendra Babu, Advocate [OPUC] 12.One CC to Sri P.V. Ramana, Advocate [OPUC] 13.One CC to Sri Rama Chandra Rao Gurram, Advocate [OPUC] 14.One CC to Sri Kode Ramesh Babu, Advocate [OPUC] 15.Two CCs to GP for Services III, High Court of Andhra 16.Three C.D. Copies. Cnr Pradesh. [OUT] HIGH COURT DATED:26/03/2025 AFTER DISPATCHED TO SENT THE BUNDLE POSTING SECTION I 30 m2125% m Ca COMMON ORDER REVIEW I.A. No.1 of 2024 In WP.No.31315 of 2021 & C.C. No.5896 of 2023 REVIEW I.A. No.1 of 2024 IS ALLOWED RESTORED THE W.P. & CONTEMPT CASE IS CLOSED AS INFRUCTUOUS WITHOUT COSTS