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2025 DAILYLAW 54590 (AP)

D.V. Chamundeswari v. The State of Andhra Pradesh,

WP/26687/2025 · 2025-09-24

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010519392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26687/2025 Between: 1. D.V. CHAMUNDESWARI, D/O VEERA BASAVAIAH, AGED 60 YEARS, OCC. SCHOOL ASSISTANT (HINDI), ZP HIGH SCHOOL, CHINAMATLAPUDI, NAGARAM MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION, A.P., D.NO. 398/3, VIDYA BHAVAN, VENKATADRI TOWERS, ATMAKUR VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT 3. THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT, GUNTUR, A.P. ...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 to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus to declare the action of the respondents in not considering and disposing of the 2 representation dated 26-02-2024 made by the petitioner for notional seniority as per Rule 33 (b) and 36 (1) of A.P. State and Subordinate Rules, 1996 and also for fixing of pay as per Fundamental Rules 26 (aa) on par with DSC-2002 candidates in terms of Memo No. 1271540/Services.Il/A.2/2021 dated 16-10-2023 of the 1st respondent and consequential Memo No. 13/123/2023- Est 3-CSE-Part (1) dated 30-10-2023 of the 2nd respondent as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the notional seniority of the petitioner in the category of Language Pandit (Hindi) and fix her pay as per FR 26 (aa) on par with candidates selected in DSC-2002 with all consequential benefits 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 to direct the respondents to consider and dispose of the representation dated 21- 08-2025 made by the petitioner for notional seniority and also for fixation of pay as per FR 26 (aa) on par with DSC-2002 candidates, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26687 of 2025 ORDER : In this writ petition, Petitioner is questioning the action of the Respondents in not considering the representations dated 26.02.2024 for fixing notional seniority as per Rule 33(b) and 36 (1) of the A.P.State and Subordinate Rules, 1996. 2. Smt. Kavitha Gottipati, learned counsel for the Petitioner submits that this Court, in identical matters i.e. W.P.No.8386 of 2024 and W.P.No.32652 of 2023, had passed orders directing consideration of representations of the individuals, who sought for notional seniority as per Rule 33(b) and 36 (1) of the A.P.State and Subordinate Service Rules, 1996 and also fixing of pay as per Fundamental Rules on par with DSC-2002 candidates in terms of Memo No.1271540/Services.II/A.2/2021 dated 16.10.2023. 3. Noting the said submission, this writ petition is disposed of in terms of the orders passed by this Court in W.P.No.8386 of 2024 and W.P.No.32652 of 2023. No order as to costs. 4 As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 24.09.2025 KLP