N. Venkata Vijaya Kumar, v. The State of Andhra Pradesh, Rep. by its Principal Secretary,
WP/20512/2018 · 2025-05-01
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49916 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49916 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATM" (Special Original Jurisdiction)^ FRIDAY,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20512 OF 2018 Between: N. Venkata Vijaya Kumar, S/o. Venkateswarlu, Age. 44 years, OccTeacher, R/o. H.No. 2-50, Near Vasavi i emple, Rentachintala Post and Mandal, Guntur District-522 421. ✓ ...petitionIr AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, Secretariat, Hyderabad. 2. The Regional Joint Director, School Education Department, Guntur Guntur District, v/ The District Educational Officer, Guntur, Guntur District. The YRS High School, Rep. by its Correspondent, Rentachintala village and mandal, Guntur District, Andhra Pradesh. 3. 4. ...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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in passing orders dated RC No. 398/B2/2018 dated 29-05-2018 and not regularizing/absorbing the Petitioner to the Aided post of School Assistant (Biology Assistant) in Respondent No.4/Institution in spite of serving for more than 15 years as illegal and arbitrary and violation of principles of natural justice and violation of the Articles 14, 19(1)(g) and 21 of the Constitution of India and violation of Rules made by the Government from
time to time and consequently direct the Respondents to regularise/absorb the Petitioner to the Aided posts as School Assistant (Biology Assistant) w.e.f the initial appointment and to pay the lime scale attached to aided post along with all service benefits, attendant benefits, continuity of service, etc. lA NO: 1 OF 2018 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 direct the Respondents to continue the Petitioner to work in the post of School Assistant (Biology Assistant) pending disposal of the Writ Petition.
Counsel for the Petitioner : SRI P. S. P. SURESH KUMAR Counsel for the Respondent Nos.1 to 3 ; GP FOR^UCATION Counsel for the Respondent No.4 : M/s. NIMMAGADDA REVATHI The Court made the following: ORDER
APHC010439802018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20512/2018 Between: N. Venkata Vijaya Kumar, ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counselfor the Petitioner: ...RESPONDENT(S) 1.PSPSURESH KUMAR Counsel for the Respondent{S):
1.GP FOR EDUCATION (AP) 2.NIMMAGADDA REVATHI The Court made the following:
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for;
“...Issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in passing orders RC.No. 398/B2/2018 dated 29.05.2018 and not regularizing/absorbing the Petitioner to the Aided post of School Assistant Biology Assistant in Respondent No. 4/Institution in spite of serving for more than 15 years as illegal and arbitrary and violation of principles of natural justice an^vi^tion of the Articles 14 19(1)g and 21 of the
2 Constitution of India and violation of Rules made by the Government from time to time and consequently direct the Respondents to regularise/absorb the Petitioner to the Aided posts as School Assistant Biology Assistant w.e.f, the initial appointment and to pay the lime scale attached to aided post along with all service benefits attendant benefits continuity of service etc and pass and pass...” Heard Sri P.S.P.Suresh Kumar, learned Counsel for the petitioner and the learned Assistant Government Pleader for School Education for the
2. respondent Nos. 1 to 3.
3.
Learned Counsel for the petitioner would submit that in the earlier Writ Petition i.e., W.P.No.7271 of 2018 filed by the petitioner herein, an interim
order was passed to consider the proposal which sent by the School for absorption of the petitioner in the aided vacancy and that was disposed of with a direction to consider the representation.
Learned Counsel would further submit that subsequently, the impugned order of rejection has been passed by the respondent No.3.
Learned Counsel would further submit that in the light of the orders passed by this Court in Writ Appeal i.e., in W.A.No. 1193 of 2023 and batch dated 23.08.2024, liberty may be given to the petitioner to submit fresh representations to the respondent No.3 and let there be a direction to the respondent No.3 to examine the case of the petitioner and take appropriate decision according to law.
4. Learned Assistant Government Pleader for School Education would submit that the Court may pass appropriate orders since there cannot be an omnibus consideration of the case of the petitioner.
3
5. Considering the submissions made, it is apposite to dispose of the present Writ Petition. However, the petitioner is at liberty to submit a fresh representation to the respondent No.3 and on receipt of such representation, the respondent No.3 is directed to take appropriate decision according to Governing Rules and law preferably within a period of three (03) months from the date of receipt of such representation.
6. In the result, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed.
Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Education Department, Sate of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Regional Joint Director, School Education Department, ^5untur Guntur District. '
3. The District Educational Officer, Guntur, Guntur District.
4. The Correspondent, YRS High School, Rentachintala vill^e and Mandal, Guntur District, Andhra Pradesh.
5. One CC to Sri P. S. P. Surps^i^kumar, Advocate [OPUC]
6. Two CCs to GP for Educa^, High Court of Andhra Pradesh. [OUT]
7. One CC to M/s. Nimmagadda Revathi, Advocate (OPUC)
8. Three C.D. Copies. Cnr
HIGH COURT DATED:02/05/2025
ORDER WP.No.20512 of 2018 S 16 MAY 20?5 % a r Curreni becuon . ^ DISPOSING OF THE W.P.
WITHOUT COSTS