IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B KRISHNA MOHAN AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 6212 OF 2019 Between: 1. M V Rama Rao, S/o Ramakrishna rao, aged 43 years, School Asst, ZPH .School, Kodali, Ghantasala Mandal R/o 4-58, near Sagar talkies, Challapalli, Krishna District (Rank 203) 2. M.V.N.Nancharaiah, S/o M.Satyanarayana Aged 45 years. School Asst, ZPHSchool, Nidumolu, Muvva mandal, R/o H.No. 2-13, Oddulamerika, Nandivada Mandal, Krishna district. (Rank 318) 3. A.Sriramachandra Murthi, S/o Satyanarayana aged 45 years. School Asst. MPUP School, Seridaggumilli, vodlavalleru mandal, R/o 1-99, Billapadu village, Gudivada mandal, Krishna district.(R. 457) 4. A.Gopalakrishna, S/o Janardhana Rao, aged 51 years. School Asst. ZPH School, Ibrahimpatnam, R/o 41-1/5-120, Gautaminagar, ISt Lane, Krishnalanka, Vijayawada. Krishna district. (Rank 617) ...PETITIONERS AND 1. The State of AP, represented by Secretary, Education Department, Secretariat, Velagapudi, Guntur district. 2. The District Educational Officer., Krishna district,Machilipatnam. 3. K.Sudarshanam, S/o not knownto the applicant. School Asst, ZPHS, M.Suravaram, Agiripalli, Krishna district. (Rank 207) 4. A.Kanakadurga, W/o Not known to the applicant. School Asst, ZPHS, Mandavalli, Krishnadistrict. (Rank 321) .y 5. P.Venkata Anil Kumar, MPUPS, Repudi Thanda, A.Konduru Mandal) Krishna district. (Rank. 462) 6. M.Biksham, S/o not known to the applicant, School Asst, ZPHS, Chillakallu, Jaggaiah peta mandal, Krishna district. (Rank 641) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass orders particularly one in the nature of writ of mandamus declaring the Rc.No. 177 (A6) A5/2010 dt. 01.06.2018 of the 3rd may respondent to review the seniority list of School Asst in Mathematics subject published February 2016 and the Judgement in O.A.No. 3995 of 2016 dt. 18.1.2019 thereof as arbitrary, illegal, discriminatory, mis conceived and violative of Articles 14, 16, 19 and 21 of the Constitution of India and consequently direct the respondents to promote the petitioners par with their juniors w.e.f. the date of promotion, of their juniors in the 1996 DSC merit as per the judgement in O.A.No.s 5311 of 2009 dt. 21.06.2010 and with all the consequential beriefifs including the increments. on Counsel for the Petitioner: SRI SREENIVASA RAO VELIVELA Counsel for the Respondent Nos. 1 & 2; GP FOR SERVICES III Counsel for the Respondent Nos. 3 to 6: —- The Court made the following: ORDER APHC010141802019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO:6212 OF 2019 Between: ...PETmONER(S) M V Rama Rao and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): 1.SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1.GP FOR EDUCATION (AP) 2.GP FOR SERVICES III 3.SREENIVASA RAO VELIVELA The Court made the following: ORDER: {per Hon’ble Sri Justice B Krishna Mohan) learned Heard the learned counsel for the petitioners and the and 2. None Government Pleader for Services-ll for the Respondent Nos.1 appears for the Respondent Nos.3 to 6 in spite of service of notices. 2 2. This writ petition was filed against the order passed by the erstwhile Tribunal in O.A.No.3995 of 2016, dated t8.01.2019. 3. The core contention of the learned counsel for the petitioners is that one Assistant. ZP High given notional seniority with effect of the District Educational Officer, Krishna, Machilipatnam pursuant to the common order of the erstwhile Tribunal in O.A.No.5311 of 2009, OANo.3603 of 2009 and OANo.4282 of 2009, dated 21.06.2010. Mr. B.T.Nageswara Rao, School Bhujabalapatnam, Kaikaluru Mandal from 01.02.2009 vide proceedings dated 03.02.2011 School, was 4. On the other hand, the learned Assistant Government appearing for the official respondents submits that the petitioners did approach immediately, if at all one Mr. B.T. Nageswara Rao Pleader not was given promotion by fixing the notional seniority as per the proceedings of the District Educational Officer, dated 03.02.2011. 5. The erstwhile Tribunal also did not petitioners herein in O.A.No.3995 of 2016, dated 18.01.2019. give any such relief for the 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, we have to see the common order passed by the erstwhile Tribunal in O.A.No.5311 of 2009 and batch dated 21.06.2010 and the operative portion of the same is as under: 3 In view of the above facts and circumstances of the case, it is declared that the appellants are entitled for promotion as School Assistant (Maths/Physical Science) on par with the juniors. The respondents are directed to issue consequential orders in view of the above declaration given within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the O.As disposed of. In view of the orders passed in these OAs, M.As stands closed". As per the above said direction of the erstwhile Tribunal, it is to be understood that the applicants therein are declared as entitled for promotion School Assistants on par with their juniors and within four (4) weeks, they 5. 7. as were directed to be considered for promotion as School Assistants. In pursuance of the above said orders of the erstwhile Tribunal, dated 21.06.2010 one applicant out of the above said common O.As. i.e. one Mr. B.T. Nageswara Rao was considered for promotion for School Assistant with notional Seniority fixed w.e.f. proceedings of the District Educational Officer, dated 03.02.2011. 8. 01.02.2009 as per the above said Aggrieved by the discriminatory action of the respondent authorities concerned, the writ petitioners herein filed another O.A. before the erstwhile Tribunal in O.A.No.3995 of 2016 which was disposed of vide order dated 9. 18.01.2019 dismissing the relief sought by the applicants therein. 10. The Tribunal observed that the applicants therein were granted the benefit of promotion on the same date with that of their juniors and even now, the applicants therein have never asked for the relief that they should be placed over and above the private respondents therein who are less 4 meritorious. Accordingly, the said O.A. was dismissed. But the prayer in the O.A. is comprehensive in nature which is as under: The applicants filed this OA., initially seeking a relief to review their seniority on par with their juniors, based on their merit obtained in DSC- 1996 and consequently to review the seniority of the applicants on par with their juniors. Subsequently, the same has been amended, as permitted by this Court to review the seniority of the applicants on par with private respondents 3 to 6, who are juniors in the recruitment with effect from the date of juniors’ promotion in the category of School Assistant as per the order in O.A.No.5311/2009, dt.21.06.2010, filed by the applicants earlier". 11. ‘ Aggrieved by the said order of the erstwhile Tribunal, dated 18.01.20*19, this writ petition was filed. 12. As stated supra, the common order passed by the erstwhile Tribunal and the relief sought by the writ petitioners herein in the above said subsequent O.A. infer that they are seeking seniority along with his juniors when they were considered by fixing their notional seniority also on par with one Mr. B.T. Nageswara Rao who was given such benefit vide proceedings of the District Educational Officer, dated 03.02.2011. Since the said aspect missed in a misconceived manner by the erstwhile Tribunal in the subsequent order of the O.A. dated 18.01.2019, this Court is inclined to interfere with the said order of the Tribunal in this writ petition as under;- was 13. The Respondent Nos.1 and 2 are directed to consider the cases of the petitioners strictly on par with one Mr. B.T. Nageswara Rao in whose favour the above said proceedings of the District Educational Officer were issued dated 03.02.2011 and accordingly, the notional seniority shall be fixed in the 5 cadre of School Assistants for the petitioners by taking into their service conditions individually by applying the same and the said exercise shall be completed within a period of three (3) months from the date of receipt of this order. 14. Accordingly, this writ petition is disposed of. No costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RA ASSISTANT REGISTRAR SECf^^FFICER FI I //TRUE COPY// To, / Department, Secretariat, 2. The District Educational Officer, Krishna 3. One CC to Sri Sreenivasa Rao Velivela, 4. Two CCs to GP for Services III, High Court of Andhra 5. Three CD Copies Velagapudi, Guntur District, Machilipatnam. Advocate [OPUC] Pradesh. [OUT] TF \ HIGH COURT DATED;29/04/2025 ORDER WP.No.6212 of 2019 DISPOSING OF THE W.P., WITHOUT COSTS