APHC010694512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35745/2025 Between: 1. YELAKACHERLA MAHESH, , S/O. SREENU, AGED 32 YEARS, OCC NIGHT WATCHMAN, NR PURAM VILLAGE, PENAGALURU MANDAL, ANNAMAYYA DISTRICT, PIN CODE - 516127 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT PIN CODE - 522237. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, PIN CODE - 522503. 3. THE ASSISTANT DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, PIN CODE - 522503. 2 4. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTI, ERSTWHILE KADAPA DISTRICT, PIN CODE-516269. 5. THE DISTRICT EDUCATIONAL OFFICER, ANNAMAYYA DISTRICT AT RAYACHOTI, ERSTWHILE KADAPA DISTRICT - 516269. 6. THE MANDAL EDUCATION OFFICER, PENAGALURU MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT, PIN CODE - 516127. 7. THE HEAD MASTER, ZP HIGH SCHOOL, NR PURAM, PENAGALURU MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT, PIN CODE - 516127. 8. ZILLA PARISHAD HIGH SCHOOL COMMITTEE AT NR PURAM, REP. BY ITS CHAIRMAN DEVARAPALLI BUJJAMMA, PENAGALURU MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT, PIN CODE - 516127. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly Respondents Nos. 6 to 8 in orally insisting upon the Petitioner not to attend the duties as Night Watchman at ZP High School, NR Puram, Penagaluru Mandal, Annamayya District and to tender resignation without any written order, show-cause notice, enquiry or due process, as illegal, irregular, irrational, arbitrary, mala fide and violative of Articles 14,16,21 and 311 of the Constitution of India and contrary to the settled principles of service jurisprudence and consequently direct the Respondents particularly Respondents Nos. 6 to 8 to ensure uninterrupted 3 continuance of the Petitioner's services as Night Watchman in the said school IA NO: 1 OF 2025 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 pleased direct the Respondents particularly Respondents Nos. 6 to 8 to continue the Petitioner in his service as Night Watchman at ZP High School, NR Puram, PenagaluruMandal, Annamayya District without causing any obstruction, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35745 of 2025 O R DE R: 1. The Writ Petition is filed questioning the action of Respondent Nos.6 to 8 in orally insisting upon the Petitioner not to attend the duties as Nigh Watchman at ZPHS, NR Puram, Penagaluru Mandal, Annamayya District, to tender resignation without any written order, show-cause notice, enquiry or due process, as illegal and arbitrary. 2. The Petitioner has been working as Night Watchman at ZPHS, NR Puram, Penagaluru Mandal, Annamayya District since 10.06.2023 in pursuant to G.O.Ms.No.30 School Education (Ser I) Department, dated 19.03.2023, on a monthly honorarium of Rs.6,000/- and has been discharging his duties that were entrusted to him. It was submitted by Petitioner that, Respondent Nos.6 to 8 have orally instructed him to abstain from his duties and to tender resignation without any written order, show-cause notice, or enquiry. Hence, the present writ petition is filed. 3. Learned Assistant Government Pleader passed on signed instructions and submitted that Petitioner is discharging his duties properly and the honorarium was paid to the Petitioner up to 5 September 2025 and further submitted that, no insistence was made to the Petitioner for tendering resignation as contended by the Petitioner and it was only an assumption of the Petitioner. The relevant portion is extracted below:- <As per Report of the 6th and 7th Respondents it is found that they were not insisting the individual for tendering resignation as contented by the Petitioner in the said Writ Petition. It is only found assumption of the Petitioner, No written orders was issued by the Respondents to the Petitioner for withdrawal of his service as Night watchmen.= 4. Heard the respective counsel. 5. Recording the submissions made and instructions given by the District Educational Officer, Annamayya District, this writ petition is closed. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.12.2025 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 105 WRIT PETITION NO:35745/2025 Dt. 23.12.2025 chs