IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29927 OF 2011 \\ T Di Between: 1. Karukodi Gandhi Babu, B.A.P.T.C. & T.P.T, S/o. Bullabbai, 41 years, Occ; S.G.T., R/o. Tadepalli, East Godavari District 2. Siriguru Jagga Rao, B.A.B.Ed (Maths), S/o. Sundara Rao, Aged about 37 years, Oc; S.G.T, R/o. Mangampadu, East Godavari District 3. Karam Ranga Rao B.A.B.Ed (Social), S/o. Pothuraju, Aged about years, Occ; S.G.T, R/o. Sarvaram, East Godavari District 4. Anam Srinivasa Gandhi M.A. (English), S/o. Krishna Reddy, Aged about 32 years, Occ; S.G.T., R/o. Sarvaram, East Godavari District 5. Gudia Somaiah B.A. B.Ed, S/o. Rajayya, Aged about 47 S.G.T, R/o. Veeravaram, East Godavari District 6. Jalli Sambudu, B.A. B.Ed, S/o. Bhadram, aged about 44 years, Occ; S.G.T, R/o. Nathangi, East Godavari District 7. Budamala Mangi Reddy B.A. B.Ed (English), S/o. Suggi Reddy, aged about 43 years, Occ; S.G.T. R/o. Kottapalem, East Godavari District 8. Chikkudu Sundar Rao B.A. B.Ed (Social), S/o. Koneru, aged about 45 years, occ; S.G.T, R/o. Veeravaram, East Godavari District 9. Kadabala Nageswar Rao B.A. B.Ed (English), S/o. Ramayya, about 46 years, occ; S.G.T, R/o. Kakinada, East Godavari District 10. Chavalam Satyanarayana M.A. B.Ed (English), S/o. Abaddam, Aged about 43 years, Occ; S.G.T. R/o. Kothaveedhi, East Godavari District. ...PETITIONERS Aged about 32 years, Occ; aged AND 1. The State of A.P., Rep. by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad The Commissioner Tribal Welfare, Masab Tank, Hyderabad The Integrated Tribal Development Agency, Rampachodavaram, Rep by its Project Officer, East Godavari District The District Collector & Chair Person, Special District Level Selection Committee, ITDA, Rampachodavaram, East Godavari District 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing the notification dt. 19.09.2011 in violation of G.O.Ms.No.3 dt. 10.01.2000 and G.O.Ms.No.45 dt. 28.06.2011 as illegal, arbitrary, biased, unconstitutional, against the principles of natural justice and consequently direct the respondents to consider the candidatures of the petitioners for promotion in the posts suitable to their qualifications. I.A. NO: 1 OF 2011(WPMP. NO: 37083 OF 20111 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in view of notification dt. 19.9.2011 issued by the Respondent No.4, pending disposal of the writ petition. I.A. NO: 1 OF 2012rWVMP. NO: 4209 OF 2012) Between: 1. The State of A.P., Rep. by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad 2. The Commissioner Tribal Welfare, Masab Tank, Hyderabad Tribal Development Agency, Rampachodavaram, Rep 3. The Integrated by its Project Officer, East Godavari District 4. The District Collector & Chair Person, Special District Level Selection Committee, ITDA, Rampachodavaram, East Godavari District ...PETITIONERS AND . Karukodi Gandhi Babu, B.A.P.T.C. & T.P.T. S/o. Bullabbai. Aged about 41 years, Occ; S.G.T., R/o. Tadepalli, East Godavari District 2. Siriguru Jagga Rao. B.A.B.Ed (Maths), S/o. Sundara Rao, Aged about 37 years, Oc; S.G.T, R/o. Mangampadu, East Godavari District S/o. Pothuraju, Aged about 32 , East Godavari District (English), S/o. Krishna Reddy, Aged about 1 3. Karam Ranga Rao B.A.B.Ed (Social) years, Occ: S.G.T, R/o. Sarvaram 4. Anam Srinivasa Gandhi M.A. 32 years, Occ; S.G.T., R/o. Sarvaram, East Godavari District 5. Gudla Somaiah B.A. B.Ed, S/o. Rajayya. Aged about 47 years, Occ: S.G.T, R/o. Veeravaram, East Godavari District 6. Jalli Sambudu, B.A. B.Ed, S/o. Bhadrann, aged about 44 years, Occ: S.G.T, R/o. Nathangi, East Godavari District 7. Budamala Mangi Reddy B.A. B.Ed (English), S/o. Suggi Reddy, aged about 43 years, Occ: S.G.T. R/o. Kottapalem, East Godavari District B.Ed (Social), S/o. Koneru, aged about 45 8. Chikkudu Sundar Rao B.A. ; S.G.T, R/o. Veeravaram, East Godavari District years, occ 9. Kadabaia Nageswar Rao B.A. B.Ed (English), S/o. Ramayya, aged about 46 years, occ: S.G.T, R/o. Kakinada, East Godavari District 10. Chavalam Satyanarayana M.A. B.Ed (English), S/o. Abaddam, Aged Occ; S.G.T. R/o. Kothaveedhi, East Godavari District. ...respondents about 43 years that in the I 151 CPC is filed praying the affidavit filed in support of the petition, the High Petition under Section circumstances stated in Court may be pleased to vacate the interim order dated 14.02.2012 in WPMP. No. 37083/ 2011 in W.P. No. 29927/ 2011. Counsel for the Petitioners: M/s. D. LALITHA PRASAD Counsel for the Respondent Nos.1 to 4: GP FOR SOCIAL WELFARE The Court made the following; ORDER APHC010666242011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29927 OF 2011 Between: Karukodi Gandhi Babu, E.g. Dist & 9 Others ...PETITIONER(S) and Others AND PrI Secy Tribal Welfare Dept Hyd 3 Others ...RESPONDENT(S) and Others Counsel for the Petitioner(S): 1.DLALITHA PRASAD Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE The Court made the following: 1. The petitioners are challenging the notification dated 19.09.2011 issued by the respondents and seeks a consequential direction to the respondents to consider the candidature of the petitioners for promotion in the posts suitable to their qualification. ‘ — -2- W.P. No.29927 of 2011 2. The learned counsel for the petitioners submits that the respondents issued the impugned notification dated 19.09.2011 in violation of the G.O.Ms. No.3 dated 10.01.2000 and G.O.Ms. No.45 dated 28.06.2011. The petitioners belong to the scheduled tribe community and have been working as secondary grade teachers in the past several years in the Ashram schools run by the respondents. As per G.O. Ms. No.45, dated 28.06.2011, the petitioners are entitled for promotion as school assistants. The respondents have now issued the notification dated 19.09.2011 inviting applications from the eligible local tribes for appointment as teachers. 3. It is submitted that the G.O. Ms.No.3 dated 10.01.2000 provides for the appointment of teachers from local scheduled tribes, and the said G.O. also entitled the petitioners to promotion as school assistants in their respective subjects. The petitioners approached respondents 2 and 4 at Rampachodavaram and Kakinada and requested to fcr .J -3- W.P. No.29927 of 2011 give their share in the promotion. Ignoring the same, the respondents issued the impugned notification. 4. This Court, vide order dated 14.02.2012, stayed the further proceedings in pursuance of the notification until further orders. 5 jhe learned Government Pleader appearing for the respondents filed a vacate petition and the counter. 6. It is submitted that no ratio is mentioned for promotion in clause (c) of annexure-l intended for G.O Ms. No.45 dated 28.06.2011. It is also submitted that this Court upheld G.O. Ms. No.3 dated 10.01.2000. It is further submitted that the impugned notification was issued to fill up the posts from the eligible local tribal It is submitted that further recruitment was dropped in pursuance of the interim direction of this Court. 7. The learned Government Pleader further submits that the petitioners would be entitled for promotion on their seniority and the respondents shall abide the school assistants in candidates. I -4- W.P. No.29927 of 2011 G.O. MS. No.45 dated 28.06.2011 and G.O.Ms.No.3 dated 10.01.2000 and issue fresh notification for recruitment. 8. Recording the submission of the learned counsel for the petitioners and the learned Government Pleader for Social Welfare appearing for respondents, the writ petition is disposed off, granting liberty to the respondents for filling up the vacancy as and when required. Insofar as the service of the petitioners is concerned, their service shall be considered for all purposes including promotion. 9. With these observation, the writ petition is disposed off. No costs. 10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Tribal Welfare Department, State Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner Tribal Welfare, Vijayawada. 3. The Project Officer, Integrated Tribal Rampachodavaram, East Godavari District 4. The District Collector & Chair Person, Special District Level Selection Committee, ITDA, Rampachodavaram, East Godavari District To, of A.P. Development Agency, 5. One CC to M/s. D. Lalitha Prasad, Advocate [OPUC] 6. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. Ssb sree HIGH COURT DATED:20/02/2025 ORDER WP.No.29927 of 2011 DISPOSING OF THE W.P. WITHOUT COSTS