IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 2052 OF 2020 Between: Varre Mariya Jospeh Bata Swarny, S/o. Varre Ignatius, Christian aged about 67 years, Occ; Retired Head Master FAC Marymatha Church Lane, Vijayawada-520004. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by Principal Secretary School Education Department, Secretariat, Velagapudi Amaravathi, Guntur District. A.P-522503. The Commissioner and Director of School Education, 4*'' floor, B Block, VTPS Road, Bhimaraju Gutta, Ibrahirnpatnam, A.P.521456. The Regional Joint Director of School Education, Kakinada, East Godavari District.533001. The District Educational Officer, Krishna District at Machitipatnam.521001. The Deputy General Manager of RCM, Schools Krishna District. Machilipatnam.521001. The Correspondent, Bishop Grassi High School, Gunadata, Vijayawada, Krishna District. Andhra Pradesh. 2. 3. 4. 5. 6. ...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 in the nature of writ of Mandamus or any Appropriate Writ by declaring the in-action of the Respondents, in not considering the representation Dated. 18.11.2019 made by the Petitioner, requesting to regularize the services of the petitioner in the post of Head Master(FAC) from their initial date of appointment i.e 22-08-2005 and to extend the pay scale attached to the post of Had Master in the pay scale and with all consequential benefits including Increments (7Years i.e till attaining the ‘ age of superannuation i.e 30.9.2011), Gratuity , Commutation, Pension and . Etc pay the balance Emoluments to the petitioner, is illegal. Contrary to Articles 14, 16, 19, 21 of Constitution, and against the principals of natural justice. Consequently to direct the Respondents to Consider the representation of the Petitioner, Dated-18.11.2019, and to Pay all the Terminal benefits to the Petitioner. lA NO: 1 OF 2020 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 Direct the Respondents to Consider the representations of the Petitioner, Dated : 18.11.2019 and to Pay all the Terminal benefits to the Petitioner, Pending Disposal of this Writ Petition. Counsel for the Petitioner : SRI S. SYAMSUNDER RAO Counsel for the Respondent Nos.1 to 4 : GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos.5 & 6 :NONE APPEARED The Court made the following: ORDER 1 0^. APHC010033552020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2052/2020 Between: Varre Mariya Jospeh Bala Swarny ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S SYAMSUNDER RAO Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ declaring the inaction of the Respondents, in not considering the representation Dated 18.11.2019 made by the Petitioner, requesting to regularize the services of the petitioner in the post of Head Master (FAC) from their initial date of appointment i.e. 22.08.2005 and to extend the scale attached to the post of Head Master in the pay scale and with all consequential benefits including Increments (7 Years i.e. till attaining the age pay 2 of superannuation i.e. 30.9.2011), Gratuity, Commutation, Pension and Etc., pay the balance Emoluments to the petitioner, is illegal. Contrary to Articles 14, 16, 19, 21 of Constitution, and against the principals of natural justice. Consequently to direct the Respondents to Consider the representation of the Petitioner Dated 18.11.2019, and to Pay all the Terminal benefits to the Petitioner, and to pass such other order or orders ” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for School Education, appearing for the respondents 1 to 4. On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition and limited his request to dispose of the representation dated 18.11.2019 submitted by the petitioner, without touching the merits of the case. 3. 4. On the other hand, learned Assistant Government Pleader for School Education, has not filed any counter. Hence, the right to file counter by the respondent is forfeited under Rule 12(i) of Writ Proceedings Rules, 1977. Having regard to the submissions made by learned counsel for the petitioner, it is clear that there is a representation dated 18.11.2019 pending before the respondent authorities. In view of the same, this Court deems it appropriate to dispose of the writ petition directing the 2^^ respondent to dispose of the representation dated 18.11.2019 and pass appropriate orders, in accordance with law, within a period of four (04) months from the date of receipt of a copy of this order. 5. iipi 3 With the above observation, the Writ Petition is disposed of. There shall 6. be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand 7. closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi. Guntur district A P- 522503. The Commissioner and Director of School Education, 4*^ floor, B Block VTPS Road, Bhimaraju Gutta, Ibrahirnpatnam, A.P.521456. The Regional Joint Director of School Education, , Kakinada East Godavari District.533001. The District Educational Officer, Krishna District at Machitipatnam.521001. One CC to Sri S. Syamsunder Rao, Advocate [OPUC] fo'" School Education, High Court of Andhra Pradesh. Three C.D. Copies. 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:29/01/2025 ORDER WP.No.2052 of 2020 g 2 5 FEB 2C25 | ^ . Current Section ^sp DISPOSING OF THE W.P. WITHOUT COSTS