IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nos: 17814 OF 2020 & 13700 OF 2021 A ★ WRIT PETITION No: 17814 OF 2020 Between: Shaik Mahilbulla Shareef, S/o. Shaik Ibrahim Shareef, aged about 45 years Occ; Language Pandit Teiugu, MPP Up School, Sakhinetipalli Mandal, East Godavari District. Kanthlivari Podu, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of School Education, Ibrahimpatnam, Krishna District, A.P. 3. The District Educational Officer, Kakinada, East Godavari District ...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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the 2 nd respondent proceedings No. R.C.No.13025/6/2019-EST 3-CSE dated 26-02-2020 and consequential order of the 3rd respondent by vide L.Dis.No.3598/D3/2019 dated 17-03-2020 in rejecting the claim of the petitioner for according notional seniority on par with DSC-2012 candidates as illegal, arbitrary and contrary to the Law and Violative of Article 14, 16 and 21 of the constitution of India and set aside the same and consequently ttie respondents to accord the notional seniority on par with DSC- candidates along with notional fixation of pay and monetary benefits wltff^ll consequential benefits. lA No: 1 OF 2020 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 direct the 1st respondent to consider the case of the petitioner for notional seniority on par with DSC-2012 candidates by keeping in view of the orders of the Hon'ble Court in W.P,No.2977 of 2016 dated 28-09-2018 and also several memo's issued in similar cases by the 1st respondent. Counsel for the Petitioner: SRI G.V.L. MURHTY Counsel for the Respondents: GP FOR EDUCATION WRIT PETITION No: 13700 OF 2021 V » --^5. Between: Putta Bheemeswara Rao, S/o Late Rama Rao, aged 38 years, Occ- School Assistant (Hindi), ZPHS, Kandisa, R/o Palakonda Village, R Amadalavalasa Mandal, Srikakulam District, Andhra Pradesh State. ...PETITIONER AND 1. The State of Andhra Pradesh, , Rep. by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of School Education, School Education Department, Ibrahimpatm, Krishna District. 3. The Regional Joint Director, School Education Department, Visakhapatnam, Visakhapatnam District. 4. The District Educational Officer, Srikakulam District, Srikakulam. ...RESPONDENTS 7 /' 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 any Writ, Order or Direction more particularly in the nature of Writ of Mandamus declare the orders of the 3rd respondent in Rc.No.357/A3/2019 dt 04.01.2021 which are issued as per the directions of the 2nd respondent inPro.Rc.No.13022/25/2019-E ST3- CSE,Dt.09.05.2019 of the CE, AP, Amaravathi and rejecting the claim of the petitioner for notional service, pay fixation and monitory benefits with affect from 27.12.2012 on par with other selected candidates as School Assistant (Hindi) in DSC 2012 as illegal, arbitrary. Unilateral, and unjust and set aside the same and consequently direct the respondent to issue notional service to the petitioner with affect from 27.12.2012 and grant him pay fixation regularization of services and monitory benefits. lA No: 1 OF 2021 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 suspend the orders passed by the orders of the 3rd respondent in Rc.No.357/A3/2019 dt 04.01.2021 which are issued as per the directions of the 2nd respondent in Pro.Rc.No. 13022/25/2019-EST3- CSE, Dt.09.05.2019 of the CE, AP, Amaravathi rejecting the claim of the petitioner for notional service and other monitory benefits. Counsel for the Petitioner; SRI G.V.L.MURHTY Counsel for the Respondents: GP FOR EDUCATION The Court made the following: COMMON ORDER one APHC010270142020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 17814/2020 & 13700/2021 Between: Shaik Mahilbulla Shareef, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.G VLMURHTY Counsel for the Respondent(S): 1.GP FOR EDUCATION The Court made the following: COMMON ORDER : When the matters are taken up for hearing, learned counsel appearing for the petitioners, submits that, these matters are squarely covered by order this Court dated 16.08.2022 passed in W.P.No.25569 of 2022. Therefore, learned counsel requests this Court to pass similar order in these writ petitions also. a common 2. Learned Government Pleader for Education, appearing for the respondents does not refute the said submission. 3. This Court, vide order dated 17.11.2022 has disposed of WP No.5747 of 2020. The operative portion of the said order, reads as under; "6. Having regard to the facts and circumstances of the case and for the foregoing reasons and in view of the fact that the petitioners are similarly situated to the candidates recruited through DSC-2008, the respondents are directed to consider and accord notional seniority to the petitioners on par with the candidates recruited through DSC-2008. The petitioners are also entitled for notional fixation of pay till the date of their joining and consequential monetary benefits from the date of their joining into service. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 7. With the above direction, the Writ Petition is disposed of No order as to costs." 4. So, in view of the submissions of both the learned counsels and by following the order of this Court dated 16.08.2022 passed in W.P.No.25569 of 2022, this Court is inclined to dispose of these writ petitions in terms of said order passed by this Court. 5. Accordingly, both the Writ petitions are disposed of in terms of the said order dated 16.08.2022 passed in W.P.No.25569 of 2022. 6. The Registry is directed to attach a copy of the order passed by this Court in W.P.No.25569 of 2022, dated 16.08.2022. 7. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, School Education Buildings, Velagapudi, Guntur District. Department, Secretariat 2. The Commissioner and Director of School Education, School Education Department, Ibrahimpatm, Krishna District. 3. The Regional Joint Director, School Education Department, Visakhapatnam, Visakhapatnam District. 4. The District Educational Officer, Srikakulam District, Srikakulam. The District Educational Officer, Kakinada, East Godavari District 6. One CC to Sri G.V.L.Murthy, Advocate [OPUC] Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies (Along with the Copy of the Order in WP.No.5747 of 2020, dated 17.11.2022 ) 5. 7. TF Note: The Covered Judgment dated 16.08.2022 in WP.No.25569 of 2022 is corrected as “WP.No.5747 of 2020, dated 17.11.2022” and the Para No.3 is modified as per Court’s Order dated 08.05.2025 in IA.No.1 of 2025. Substitute this amended Order in place of earlier Order which was dispatched on 28.01.2025 Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR T PS HIGH COURT DATED:08/01/2025 08/05/2025 AMENDED COMMON ORDER WP.Nos.17814 of 2020 & 13700 of 2021 S 1^MAY2I)?5 I ^ . Current beciion . DISPOSING OF THE W.P.s WITHOUT COSTS THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 5747 012020 ORDER: This writ petition is filed to declare the action of the respondents in not fixing the seniority of the petitioners with effect from 03.11.2010 on par with the candidates who were got appointed earlier to the petitioners in DSC-2008 with all consequential benefits, as illegal and arbitrary. 2. Heard learned counsel for the petitioners and learned Government Pleader for Services-III. 3. Learned counsel for the petitioners would submit that the petitioners are fully eligible and qualified for appointment to the post of Teachers. In the year 2008 the respondents had issued a notification for filling up of various posts of Teachers including language pundits of Telugu and Hindi. In pursuance of the same, the petitioners applied, participated in the selection process and got selected, but they were not given appointment orders. After completion of the selection process, the respondents appointed some candidates. Though the petitioners were selected along with them in the same DSC-2008, they were not given appointment orders due to various administrative reasons and subsequently, they were appointed by different proceedings in the years 2010 / NVJ WPNo.5747of2020 2 and 2011. As such, the petitioners are eligible and entitled for their seniority on par with the candidates who were given appointments prior to them. The learned counsel would also submit that when similarly situated 4. persons approaehed the A.P. Administrative Tribunal at Hyderabad by filing O.A.No.4336 of 2016 dated 26.07.2017 and O.A.No.2801 of 2018 dated 20.12.2018 whereby and whereunder the Tribunal granted notional seniority to the applicants therein on par with the candidates recruited through DSC-2008 and the applicants are also entitled for notional fixation of pay till the date of their joining and consequential monetary benefits from the date of their joining. Therefore, the petitioners are seeking the same benefit. The respondents filed a counter affidavit stating that the 1®‘ respondent vide memo dated 27.07.2018 issued instructions to the 3"^* respondent to implement the orders of the Tribunal dated 26.07.2017 passed in O.A.No.4336 of 2016. The 1®' respondent also issued orders vide memo dated 20.12.2018 for 5. implementing the orders of the Tribunal in O.A.No.4336 of 2016 for sanction of notional seniority on par with the eandidates recruited through DSC-2008 in respect of Dilshad Begum Shaik and another and to extend the orders issued in Memo dated 27.07.2018 to the similar eases also i.e., the teachers who were appointed later dates due to non-availability of vacancies and issued instructions to the 3"^^* respondent for taking necessary action. Accordingly, the 3'^‘* respondent has instructed all the Regional Joint Directors of School Education and District NVJ WPNo.5747of2020 3 Educational Officers in the State to take further necessary action as ordered by the Government immediately vide proceedings dated 09.01.2019. It is also stated that the 6^'’ respondent sanctioned notional seniority to petitioner Nos.5 to 12 and 43 herein on par with the candidates recruited through DSC-2008 vide proceedings dated 12.10.2020 and 07.05.2019 and the same was implemented by the Drawing and Disbursing Officers concerned by entering the same in the service registers of the respective individuals. Having regard to the facts and circumstances of the case and for the 6. foregoing reasons and in view of the fact that the petitioners are similarly situated to the candidates recruited through DSC-2008, the respondents are directed to consider and accord notional seniority to the petitioners on par with the candidates recruited through DSC-2008. The petitioners are also entitled for notional fixation of pay till the date of their joining and consequential monetary benefits from the date of their joining into service. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of No order as to 7. costs. / NVJ WP N0.5747 of2020 4 Consequently, miseellaneous applications pending, if any, shall stand closed. JUSTICE VENKATESWARLU NIMMAGADDA 17^’’ November, 2022 cbs