Kotagiri Badri Narayana, v. The State of Andhra Pradesh,
WP/3300/2020 · 2025-02-12
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6148 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6148 (AP) · dailylaw.ai ]
Judgment text
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I IN THE HIGH COURT OF ANDHRA PRADESH AMARAVA (Special Original Jurisdiction) d WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAQ WRIT PETITION Nos: 4224, 2824, 3300 & 4650 of 2020 WRIT PETITION NO: 4224 OF 2020 Between: Surya rao, S/o. Chinna, Aged about 44 Years, Occ; Part-time Teacher, R/ o. A.P. Balayogi Social Welfare Residential School/College, Jogimpeta, Viza5^anagaram District. ^^-^-Savarapu Vinod Kumar, S/o. Raja Rao, Aged about 36 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Jogimpeta, Vizayaiaagaram District. Shankar rao, S/o. Ramana Mur thy. Aged about 48 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfa.re Residential School/College, Jogimpeta,VizayanagaramDistrict. ^4^—LarmdarBhavani,S/o. Prakashrao. Aged about 36 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Jogimpeta, Vizayanagaram District. S u nffisth a, S / o. R am u 1 li , Aged about 29 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Garugubilli, Vizayanagaram District. 6..Wt^i-a Hymavathi, S/o. Simhachalam, Aged about 31 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Garugubilli, Vizayanagciram District. ^^7__Mud.-ulTDhanalaxmi, S/o. Manmadha Rao, Aged about 31 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/Col lege, Garugubilli, Vizayanagaram District. . Bade Sobharani, S/o. Appla naidu. ■ST-rr about 36 Years, Occ; Part-time Teacher, , „ Social Welfare Residential School/College, District. 'Aged r/o. A.P. Balayogi Carugubilli, Vizayanagaram i : « l' J'*^;^^r-Ctuhtada Sujatha, S/o. Sundara Rao, ' Aged about 33 Years, Occ: Part-time Teacher R/o. A.P. Balayogi Social Welfare Residential School/College, Garugubilli, Vizayanagaram District. ^^tt^^Qhlla Sandhya, S/o. Karriyya, Aged about 28 Years, Occ: Part-time Teacher R/o. A.P. Balayogi Social Welfare Residential School/College, Vepada, Vizayanagaram District. bathula Ravi Kumar, S/o. Appayya, about 32 Years, Occ: Part-time Teacher, i Social Welfare Residential Scnool/College, lOJDevu Aged R/o. A.P. Balayogi . Koliivalasa, Srikakulam District. IZDeppukota lakshmi Kumari, S/o. Dharma rao, -^ged about 34 Years, Occ; Part-time Teacher ^ R/o. A.P. Balayogi Social Welfare Residential School/College, Garugubilli, Vizayanagaram. 13. Kalluru Srinivasulu, s/o. Venkataiah, 34 Years, Occ: Part-time Teacher, i Social Welfare Residential School/College, Aged about R/o. A.P. Balayogi Naidupeta, Nelo district ...Petitioners AND 1) The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi. 2) The Andhra Pradesh Social Welfare Residential Educational Institution Society, Secretary, Tadepalli, Guntur District Rep.
by its 31 The District Co-ordinator, c’ • p Social Welfare Residential Educational Institution Society, Vizayanagaram District Vizayanagaram
3 4) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Srikakulam Distidct Srikakulam. 5) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Nellore District Nellore. 6) The Principal, A.P. Balayogi Social Welfare Residential School/ College, Jogimpeta, Vizayanagam District. 7) The Principal, A.P. Balayogi Social Welfare Residential School/College, Garugubilli, Vizayanagaram. 8) The Principal, A.P. Balayogi Social Welfare Residential School/College, Vepada, Vizayanagarana. 9) The Priiacipal, A-P- Balayogi Social Welfare Residential School/College, Kollivalasa, Srikakulam District. 10) The Principal, A.P. Balayogi Social Welfare Residential School/ College, Naidupeta, Nellore District. 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, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to remove the Petitioners from their respective posts of Part-time Teachers without issuing any notice and. without giving any opportunity of hearing as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles-14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to regularize the Petitioners in their respective posts by all service benefits and continuity of service and other benefits attached to the respective posts. H jA NO: 1 OF 2090 Petition under Section 151 stated in the affidavit filed in support of the petition, the High Court may be P eased to drreot the Respondents not to remove the Petitioners from their respective posts of Part-time Teachers in their respective Schools. jA NO: 2 OF 2n?n Section 151 CPC praying that in the circumstances s ated ,n the affidavit filed in support of the petition, the High Court may be ease, ,, ,, ,,, ^ pa-ires as Part-time teachers by displacing the petitioners in their respective posts.
lA NO: 3 OF ?n?n Petition under Section 151 stated in the affidavit filed in support of the petition, the High Court pleased to take up WP.No. 4224 of 2020 CPC praying that in the circumstances CPC praying that in the circumstances may be on Urgent Hearing Basis. Counsel for the Petitioner- Counsel for the Respondent No. Counsel for the Respondents SRI P S P SURESH KUIVIAR T:GP FOR SERVICES-1 No.2 to 10: SRI NOOKA JAGANNADHAIM
5 WRIT PETITION NO: 2824 OF 2020 Between: ) Ravi Badangi, S/o. Late K.Krishna, Aged about 44 Years, Occ: Part-time Teacher,' R/o. A.P. Balayogi Social Welfare Residential School/College, Badangi, Vizianagaram Dish-ict. ,-Sr-CrMuraga Reddy, S/o. Late C.Subba Reddy, Aged about 49 Years, Occ; Part-time Teacher, R/o. A.P.Balayogi Social Welfare Rc-:sidential School/College, Ramakuppam, Chittoor District. Madella Giribabu, S/o N.Subba Rama Naidu, Aged about 46 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Ramakuppam, Chittoor District. ^Ar^Mude Sujatha, D/o. M.Chandra Naik, Aged about 27 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/Colle^ Ramakuppam, Chittoor District. ^BCM.Chaitanya Deepti, D/o. L. Siva Prasad Reddy, Aged about 40 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Resirlenlial Sclmnl/''Colics. Koilakuntla, Kurnool District. /6nTPadma, W/o. C.Nageswarudu, Aged about 35 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Koilakuntla, Kurnool District. /T^.Chinmaiah, S/o. M. Dora Swamy, Aged about 39 Years, Occ: Part-ti;i:ne Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Ramakuppam, Chittoor District ^^'6/^.Man.i, D/o. Bhiksham, Aged about 32 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/Cotly'ge (Girls), Jaggaiahpet, Krishna District. ^^.%^R/Kalyani, D/o. R.Prakash, Aged about 33 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social-Welfare Residential School/College (Girls), Jaggaiahpet, Krishna Dis trict. •y id, (i
c, ^^lOr&.Thirupathiah, S/o. B.Maraiah, Aged aboutv 49 Years, Occ: Part-time Teacher, R/o. A.P.BalayogiSocial Welfare ResidentialSchocd/College (Boys), Achampeta, Guntur District. 'G^TTS.Sobhan Babu, S/o. Sundra Rao, Aged about 46 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College (Boys), Achampeta (Post & Mandal), Guntur District. ^^35rThota Kumari, S/o. Prakasam, Aged about 32 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Komarada, Vizianagaram District.
^,4r3nGanta Swarna Latha, D/o. Raja Rao, Aged about 32 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Komarada, Vizianagaram District. M<^varapu Sarala, D/o. Gandhi, ^ Aged about 33 Years, Occ: Part-time I’eacher, R/o. A.P. Balayogi Gurukulam (Girls), Komarada, Vizianagaram District. /tS^Nakketla Swathi, D/o. N.Krishna, Aged about 29 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Komarada, Vizianagaram District. l^-Gunta Venkata Ramana, S/o. Gaddayya, Aged about 34 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Komarada, Vizianagaram District. /TTTRaghumandala Rooopalakshmi, D/o. Swami Naidu, Aged about 43 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Komarada, Vizianagaram District. ^^rlRaghumandala Sandhya Rani, D/o. Swami Naidu, Aged about 46 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Garugubilli, Vizianagaram District. T/TAflnerikubilli Pratap, S/o. Prakasam, Aged about 37 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Boys), P.N. Boddavalasa, Vizianagaram District. 2Qz^oppara Govinda, S/o. Simhachalam, Aged about 40 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Boys), Kopperla, Vizianagaram District. "IrTPatarala Sundara Raju, S/o. Thammayya, i
Aged about 34 Years, Occ: Part-ti me Teacher, R/o. A.P. Balayogi Gurukulam (Boys), Kopperla, Vizianagaram District. <p^TlTbta Kalyana Rao, S/o. Koteswara Rao, Aged about 45 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Advitakkellapadu, Guntur District. Thoppani Kala Venkata Rao, S/o. Babu Rao, Aged about 40 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Vakada, Nellore District. a Raj Siddala, S/o. Ghimpiraiah, Aged about 44 Years, Occ; Part-time Teacher, R/ o. A.P. Balayogi Gurukulam, Tadikonda, Guntur Distiict. ^25rTnuiTi.ukka]a Nageswara Rao, S/o. Venkaiah, Ageci about 45 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Advitakkellapadu, Guntur District. ^2:6T^otsa Kishore, S/o. Bala Ram, Aged about 31 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Badangi, Vizianagaram District. R.Maheswara Rao, S/o. Thavitayya, Aged about 42 Years, Occ; Part-tiixie Teacher, R/o. Badangi, Vizianagaram District. ..^B/IPinapati Yesobu, S/o. David. Aged about 29 Years, Occ; Part-time Teacher, R/o. Madugula, Gurazala, Guntur District. 2^^rj^midi Madhu, S/o. George, Aged about 30 Years, Occ; Part-time Teacher, R/o. Badangi, Vizianagaram Disbict. 24.
i^CT^ripathi David, S/o. Samuel, Aged about 39 Years, Occ: Part-time Teacher, R/o. Gurazala, Guntur District. JJTTl^ndepati Mahesh, S/ o. Krishna, Aged about 33 Years, Occ; Part-time Teacher, R/o. Gurazala, Guntur District. 32i^t5ohina Babu, S/o. Kasiah, Aged about 32 Years, Occ: Part-time Teacher, R/o. Gurazala, Guntur District. Kotetsvvar Rao,- S/o. -V.Yohan, Aged about 32 Years, Occ: Part-time Teacher, G/o. A.P.Balayogi Residential School (Boys),
f Gurazala Residential Schcjol, Guntur District. ...Petitioners AND 1) The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi. t 2^The Andhra Pradesh Social Welfare nfesidential Educational Institution Society, Rep. by its Secretary, Tadepalli, Guntur District. 3) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Krishna District District at Vijayawada, 4) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Guntur District at Guntur., 5) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Vijayanagaram District at Vijayanagaram, 6) The District Co-ordinator, Social Welfare Residential Educatio3.-ial Institution Society, Chittore Distinct at Chittore, 7) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Nellore District at Nellore., 8) The Principal, A.P. Balayogi Social Welfare Residential School/College, Badangi, Vizianagaram District. 9) The Principal, A.P. Balayogi Social Welfare Residential School/College, Ramakuppam, Chittoor District. 10) The Principal, A.P. Balayogi Social Welfare Residential School/College, Koilkuntla, Kurnool District. 11) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Jaggaipet, Krishna District,
F 1 12) The Principal, A.P. Balayogi Social Welfare Residential School/ College, (BOYS), Achampet, Guntur District. 13) The Principal, A.P. Balayogi Social Welfare Residential School/ College, (GIRLS), Komarada, Vijayanagaram District., 14) The Principal; A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Garugubilli, Vizianagarani District. 15) The Principal, A.P. Balaj^ogi Gurukulana (Boys), P.N. Boddavalasa, Vizianagaram District. 16) The Principal, R/o. A.P. Balayogi Gurukulam (Boys), Kopperla, Vizianagaram District. l-S^ The Principal, A.P. Balayogi Gurukulam, Vakada, Nellore District. 18) The Principal, A.P. Balayogi Gurukulam, Tadikonda, Guntur District. The Principal, R/o. A.P. Balayogi Gurukulam, Advitakkellapadu, Guntur District.
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, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to remove the Petitioners from their respective posts of Part-time Teachers without issuing any notice and without giving any opportunity of hearing as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles-14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to regularize the Petitioners in their respective posts by all service benefits and continuity of service and other benefits attached to the respective posts. Respondeiits
lA NO:
1 OF 7090 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to remove the Petitioners from their spective posts of Part-time Teachers in their respective Schools. lA NO: 2 OF 2n?n lb praying that in the circumstances Between 1) '['he State of Andhra Pradesh Rep. by its Principal Secreta.ry, Social Welfare Department, S ecretari at 'J3u i 1 di ngs, Velgapudi, Amaravathi. 2) The Andhra Pradesh Social Welfare Residential Educational Institution Society Rep. by its Secretary, Tadepalli, Guntur district 3) The District Co-ordinator, Social Welfare Residential E-lducational Institutions Society, Krishna district at Vijayawada.
4) The District Co-ordinator, Social Welfare Residential Educational Institutions Society, Guntur district at Guntur 5) The District Co-ordinator, Social Welfare Residential Elducational Institutions Society, Vizianagaram district at Vizianagaram 6) The District Co-ordinator, Social Welfare Residential Educational Institutions Society, Chittoor district at C'hiltoor 7) The District Co-ordinator, Social Welfare Residential Educational Institutions Society, Nellore district at Nellore 8) The District Co-ordinator, Social Welfare Residential Educational Institutions Society, Badangi, Vizianagaram district
I\ 9) The Principal, A.P. Balayogi Social Welfare Residential School/Col lege, Raniakuppam, Chittoor district I0)'rhe Principal, A.P. Balayogi Social Welfare Residential School/College, Koilkuntla, Kurnool district The Principal, A.P. Balayogi Social Welfare Residential School/College, Jaggaiahpet, Kihshna [:iistrict. 12) The Principal, A.P. Balayogi Social Welfare Residential School/College, Atchampet, Guntur district 13) The Principal, A.P. Balayogi Social Welfare Residential School/College, Komarada, Vizianagai’am district 14) The Principal, A.P. Balayogi Social Welfare Residential School/College, Garugubilli, Vizianagaram district 1 5) The Principal, A.P. Balayogi Social Welfare Residential School/College, P.N.Boddavalasa, Vizianagaram district 16) The Principal, A.P. Balayogi Social Welfare Residential School/College, Kopperla, Vizianagaram district. 17) 'fhe Principal, A.P. Balayogi Social Welfare Residential School/Colloge, Vakadu, Nellore disti'ict 18) 'Fhe Principal, .A.P. Balayogi Social Welfare Resideniial School/Col lege, Tadikonda, Guntur district 19) d'he Principal, A.P. Balayogi Social Welfare Residential School/College, Adavitakkellapadu, Guntur district. AND 1 Kolli Ravi Badangi. S/o Late K.Krishna, Aged about 44 years, Occ iPait Time teacher, R/o A.P.Balayogi Social Welfare Residential School/Cmllege, Badangi, Vizianagaram district. 2. C.Muraga Reddy, S/o Late C.Subba Reddy, ..Aged about 49 years, Occ iPart Time teacher, RYo A.FFBalayogi Social Welfare Residential School/College, R.amakuppam, Chittoor district. 11) Petitioners/ Respondents
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3. Nadella Giribabu, S/o N.Subba Rama Naidu, Aged about 46 years, Occ :Part Time teacher, R/o A.P.Balayogi Social Welfare Residential School/College, Ramakuppam, Chittoor district. 4. Mude Sujatha, D/o M'.Chandra Naik, Aged about 27 years, Occ iPart Time teacher, Iky'o A.P.Balayogi Social Welfare Residential School/College, Ramakuppam, Chittoor district
5. M.Chaitanya Deepti, D/o L.Siva Prasada Reddy, .Aged about 40 years, Occ: Part Time teacher, Tk/o A.P.Balayogi Social Welfare Residential School/C'ollege, Koilkuntla, Ktirnool district. 6.
B.Padma, W/o C.Nageswardu, Aged about 3.5 years, Occ iPart Time teacher, Rfo A.P.Balayogi Social Welfare Residential School/College, Koilkuntla, Kurnool district
7. M.Chinmaiah, S/O M.Dora Swamy, Aged about 39 years, Occ :Pait Time teacher, R/o A.P.Balayogi Social Welfare Residential School/College, Ramakuppam, Chittoor district. 8. G.Mani, D/o Bhiksham, Aged about 32 years, Occ; Part Time teacher, R/o A.P.Balayogi Social Welfare Residential School/College, (Girls) .laggaiahpet, Krishna district. 9. R.Kalyani, D/o R.Prakash, Aged about 33 years, Occ: F'art Time teacher, R/o A.P.Balayogi Social Welfare Residential School/College, (Gii-ls)Jaggaiahpet, Krishna district. ID. IT fhirupathiah S/o B.Maraiah, Aged about 49 years, Occ: Part Time teacher, R/o A.P.Balayogi Social Welfare Residential School/College, (Boys) Atchampet, Guntur district. 1 1 .S.Sobhan Babu S/o Sundra Rao, Aged about 46 years, Occ: Part Time teacher, 1^0 A.P.Balayogi Social Welfare Residential School/College, (Boys) Atchampet, Guntur district
12. fhota Kumari,S/o .Prakasam, Aged about 32 years, Occ: Part Time teacher, R/'o A.P.Balayogi Gurukularn(Girls), Komarada, Vizianagaram district
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13. Ganta Swarnalath, D/o Raja Rao, Aged about 32 years, Occ; Part Time teacher, R./o A.P.Balayogi Gurul<ulam(Girls), Komarada, Vizianagaramdistrict
14. Savarapu Sarala, D/o Gandhi, Aged about 33 years, Occ: Part Time teacher, R/o A.P.Balayogi Guruku!aiTi(Girls), Komarada, Vizianagaram district 1 5. Nakketla Swathi, D/o N.Krishna, Aged about 29 years, Occ; Part Time teacher, R/o. A.P.Balayogi Gurul<ulam(Girls), Komarada, Vizianagaram district 1 6.Gunta Venkata Raman, S/o Gaddayya, Aged about 34 years, Occ: Part Time teacher, R./o A.P.Balayogi Gurul<ulam(Girls), Komarada, Vizianagaram district 1 V.Raghumandala Roopalakshmi, D/o Swami Naidu, Aged about 43 years, Occ; Part Time teacher, R/o A.P.Balayogi Gurukulam(Girls), Komarada, Vizianagaramdistrict 1 S.Raghumandala Sandya Rani, D/o Swami Naidu, Aged about 46 years, Occ; Part Time teacher, R/o A.P.Balayogi Gurukulam(Girls), Garugubilli, Vizianagaram district
19. Cherikubilli Pratap,sD/o Prakasam, Aged about 37 years, Occ; Part Time teacher, R/o A.P.Balayogi Gurukulam(Boys). P.N.Boddavalasa, Vizianagaram district. 20.Koppara Govinda, D/o Simhachalam, Aged about 40 years, Occ: Part Time teacher, RVo, A.P.Balayogi Gurukulam(Boys), Kopperla, Vizianagaram district
21.
Patarala Sundara Raju, S/O Thammayya, Aged about 34 years, Occ; Part Time teacher, R/o A.P.Balayogi Gurukulam(Boys), Koppei'la, Vizianagaram disliict
22. Kota Kalyana Rao S/o Koteswar Rao, Aged about 45 years, Occ: Part Time teacher, R/o A.P.Balayogi Gurukulam, Adavitakkellapadu, Guntur district
M 23.Thoppani Kala Venkata Rao, S/o Babu Rao, Aged about 40 years, Occ; Part Time teacher, R/o A.P.Balayogi Gurukulani, Vakadu, Nellore district
24. .Taya Raj Siddala, S/o Chimpiraiah, Aged about 44 years, Occ: Part Time teacher, R/o A.P.Balayogi Gurukulam, Tadikonda, Guntur di.strict
25. Inumukkala Nageswara Rao S/o Venkaiah, Aged about 45 years, Occ: Part Time teacher, R/o A.P.Balayogi Gurukulam, Adavitakkellapadu, Ciuntur di.strict 26.Botsa Kishore S/o Bala Fbam, Aged about 3 1 years, Occ: Part Time teacher, R/o A.P.Balayogi Gurukulam, Badangi, Vizianagaram district
27. R. Maheswara Rao S/o Thavitayya, Aged about 42 years, Occ: Part Time teacher, R/o Badangi, Vizianagaram district 28.Pinapati Yesobu S/o Oavid, Aged about 29 years, Occ: Part Time teacher, R/o jVladugula, Gurazala, Guntur district
29. Mamidi Madhu, S/o George, Aged about 30 years, Occ: Part Time teacher, R/o Badangi, Vizianagaram district 30.Sripathi David S/o Samuel, Aged about 39 years, Occ: Part Time teacher, R/o Gurazala, Guntui- district 3 1.Kondepati Mahesh, S/o Krisha, Aged about 33 years, Occ: Part Time leacher, R/o Gurazala, Guntur district 32.D.China Babu, S/o Kasiah, Aged about 32 years, Occ: Part Time teacher, R/o Gurazala, Guntur district 33.V.Koteswar Rao, S/o V.Yohan, Aged about 32 years, Occ: Part Time teacher. C/o'A.P.Balayogi Residential School ( boys) Gurazala, Residential School, Guntur district Respondents/Petiti oners
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thp petition, the High Court may be pleased to vacate the interim direction dated 11.02.2020 in WP.No. 2824/2020 and dismiss the WP.No. 2824/2020 filed by Sri .K.Ravi and others. lA NO: 3 OF 2020 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 not to take any steps for filling any third parties as Part-time teachers by displacing the petitioners in their respective posts.
lA NO: 4 OF 2020 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 take up WP.No. 2824 of 2020 on Urgent Hearing Basis. Counsel for the Petitioners: SRI P S P SURESH KUMAR Counsel for the Respondents No.1 and 2: GP FOR SERVICES Counsel for the Respondents No.3 to 7: SRI NOOKA JAGANNADHAM -I
WRIT PETITION NO; 3300 OF 2020 Between:
1. Kotagiri Badri Narayana, S/o. K. Hari Babu, Aged about 40 Years, Occ; Part-time Teacher, .. R/o. A.P. Balayogi Social Welfare Residential School/College, Darsi, Prakasam District. 2. Yama Srinivasulu, 5/o. Late Y. subbaiah. Aged about 40 Years, Occ; Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Darsi, Prakasam District. 3. Chimata Subhani, D/o. Subhani, Aged about 31 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Darsi, Prakasam District. 4. Siradala Shadrak, S/o. fSamual, Aged about 55 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Velugonda, Prakasam District. 5. Pagadala anitha, S/ o. Alluraiah, Aged about 37 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social W'elfare Residential School/College, Racharala, Prakasam District. 6. Damala Rajakumri, D. Raja Ratnam, Aged about 48 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Racharala, Prakasam District. 7. Vallamula Usha Rani, S/o. Venkata subbaiah Aged about 2.5 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Cumbum, Prasam District. Gajulavarathi Andru Martin, S/o G. John Prabhakara Rao. Aged about 32 Years, Occ; Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College (Boys), Adavi Takkellapadu, Guntur District . 8. 1 ...Petitioners
AND 1) The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi. 2) The Andhra Pradesh Social Welfare Residential Educational Institution Society, Rep. by its Secretary, Tadepalli, Guntur District.
3) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Krishna Distinct District at-Vijayawada, 4) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Guntur District at Guntur., 5) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Vijayanagararn District at Vijayanagaram, 6) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Chittore District at Chittore, 7) The District Co-ordinator, Social Welfare Residential Educational Institution Society, Nellore District at Nellore., 8) The Principal, A.P. Balayogi Social Welfare Residential School/ College, ( BOYS) Darsi, Prakasam District. 9) The Principal, A.P. Balayogi Social Welfare Residential School/College, ( BOYS), Velugonda Rakasam, 10) The Principal, A.P. Balayogi Social Welfa Residential School/College, (GIRLS), Racharla, Prakasam District. re 11) The Principal, A.P. Balayogi Gurukulam'/GIRLS), cumbum, I^ra]<;asam District. 12) 'fhe Principal, R/o. A.P. Balayogi Gurukularn (BOYS), Adavi Takkellapadu, Guntur District. ....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, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to remove the Petitioners from their respective posts of Part-time Teachers without issuing any notice and without giving any opportunity of hearing as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles-14, 19(1)(g) and 21 of the Constitution of India and direct the Respondents to regularize the Petitioners in their respective posts by all service benefits and continuity of service and other benefits to the respective posts. consequently attached lA NO: 1 OF 2090 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 not to remove the Petitioners from their respective posts of Part-time Teachers in their respective Schools.
IA NO: 2 OF 2020 Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support of the petition, the High Court may be u any steps for filling any third the Petitioners in their pleased to direct the Respondents not to take parties as Part-time teachers by displacing respective posts. lA NO: 3 OF 2020 Petition under Section 151 CPC stated in the affidavit filed i pleased to take up WP.No. 3300 of 2020 Counsel for the Petitioner: SRI PSP SURESH praying that in the circumstances in support of the petition, the High Court may be Urgent Hearing Basis. on KUMAR
Counsel for the Respondent No.1: ADDITIONAL ADVOCATE GENERAL Counsel for the Respondents No.2 to 9: M/s. AMITHA MESA WRIT PETITION NO: 4050 OF 2020 Between:
1. Pitia Kasthuraiah, S/O Nandaialv Aged about 43 Years, Occ; Part-time Teacher, ; , R/o. A.P. Balayogi Social Welfare Residential School/College, Naidupet, SPSR Nell ore Dish-ict. 2. Merlapaka Swarnalatha,D/0 Benjamin, Aged about 39 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College, Naidupet, SPSR Nellore District. 3. Bandila Sekhar Babu, S/O Rajaratlmam, Aged about 41 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/Colleo-e, Naidupet, SPSR Nellore District. ^
4. Janamala Venkata. Kamanaiah, S/O Guravaiah, Aged about 37 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfa:re Residential School/College, Kondavallipadu, Ozili, SPSR Nellore District
5. Chippala Venkatakrishnaiah, S/O Chongaiah, Aged about 5,5 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Sockd Welfare Residential School/Col lege, Diguva Chavali, Pellakur , SPSR Nellore District. n
6. Balli Bhaskar, M/O Swarnalatha, Aged about 37 Years, Occ: Part-time Teacher, '' R/o. y-\.P.Balayogi Social Welfare Residential School/College, LA Sagaram, Naidupet, SPSR Nellore District. 7. Kaki Nagendra Babu, S/O Subrhamanyam, Aged about 30 Years, Occ: Part-time 'Feacher, R/o. A.P.Balayogi Social Welfa re Residential School/College, Gangaimapalem, Vakadu, SPSR Nellore District. 8. Kukkathotti Balakrishna, S/O Chenchaiah,
U) Aged about 32 Years, Occ: Part-timcTTeacber, R/o. A.P.Balayogi Social Welfare Residential School/Coll Mulapadava, Vakadu, SPSR Nellore District. 9.
Eduru Revathi, D/O Subrhamany Aged about 28 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College Biradavada, Naidupet, SPSR Nellore District. 10. Paidi Ravindra, S/O Adeaiah, Aged aboutv 32 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welfare Residential School/College Gunapati Palern, Chittamuru, SPSR Nellore District. 11. Shaik Nurjahan Bi, D/O Imam Saheb, Aged about 41 Years, Occ: Part-time Teacher, R/o. A.P.Balayogi Social Welf Naidupet, SPSR Nellore Dishdct. 12. Mandi Syamala, S/O Thiruparah, Aged about 47 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Church Conrpound, Vakadu, SPSR Nellore Distri
13. A Ramesh, S/O Ramaniah, Aged about 31 Years, Occ; Part-time Teacher, R/ o. A.P. Balayogi Gurukulam (Girls), NR Palli, Chillakuru, SPSR Nellore District.. 14. P Usha Lalitha, W/ O Ramanaiah, Aged about 50 Years, Occ: Part-time Teacher, R/6. A.P. Balayogi Gurukulam (Girls), Komarada, SPSR Nellore District. 15. Puchalapalli Ramanaiah, S/O Thirupal Aged about 50 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Tirumuru, Vakadu, SPSR Nellore District. 16. Karlapudi Ravi, S/O Kotaiah, Aged about 43 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Vanjivaka, Kota, SPSR Nellore District. 17. Palela Venkata Ramaniah, Aged about 31 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Gurukulam, am. are Residential School/Coll cge ict. u
Xl Puduru, Naidupep SPSR Nellore District. 18. A Bhulakshmamma, D/o. Gopalaiah, Aged about ^Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Girls), Puduru, SPSR Nellore District. 19. R Sunitha Kumari, D/o. Sundaraiah, Aged about 41 Years, Occ: Part-time Teacher, R/ o. A.P. Balayogi Gurukulam (Boys), Nelaballi, DV Sathram, SPSR Nellore Distidct.. 20. M Sowjanya, D/o. Venkateswarlu, Aged about 28 Years, Occ: Part-time Teacher, R/ o. A.P. Balayogi Gurukulam (Boys), Mallam, Ghittamuru, SPSR Nellore District. 21. P Jyothi, D/o. subbarama. Aged about 33 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam (Boys), Guduru, Nellore District. 22. E Prameela, D/o. Kistaiah, Aged about 43 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Kokkupalem, SPSR Nellore District.
23.M Suja, D/o. Ankaiah, Aged about 28 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Lothuvani Gunta, Naidupet, Nellore District. 24. M Gheirgamma, D/o. Ghandrababu, Aged about 28 Years, Occ: Part-time Teacher, R/ o. A.P. Balayogi Gurukulam, puduru, Agrharapeta, SPSR Nellore District. 25. S. Udaya, D/o. Venkateswarlu, Aged about 32 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Buchireddy Palem, SPSR Nellore District. 26. Fransis Sunitha, D/o. Fransis, Aged about 43 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Gurukulam, Guduru, SPSR Nellore Dishlct. 2i- ( 27. Virupakshem Sujatha, D/o. ratnam raju. Aged about 38 Years, Occ; Part-time Teacher, Kandaleru, Rapuru, SPSR Nellore District. 28. Bandi Radhamma, D/o. Krishnaiah, Aged about 35 Years, Occ; Part-time Teacher, Kandaleru, Rapuru Gurazala, SPSR Nellore District. 29. Guntaka Nagarajamma, D/o. Venkata, Aged about 29 Years, Occ: Part-time Teacher, Gudali, Kota SPSR Nelloi'e District. 30. Pallipati Manjula, D/o. Subbaiah, Aged about 36 Years, Occ: Part-time Teacher, R/o. Kammapalem, Venkatagiri, SPSR Nellore District. 31. Pachigalla Prameela, D/o. Prakash, Aged about 30 Years, Occ; Part-time I’eacher, R/o. Rapuru, Nellore SPSR Nellore District. 32. Pallavelli Sridevi, D/o. Venkateswara Prasad, Aged about 41 Years, Occ: Part-time Teacher, R/o. Kothapeta, SPSR Nellore District. 33. Bandi Kusuma kumara, D/o. Koteswara rao. Aged about 30 Years, Occ; Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys),' Kandaleru, SPSR Nellore District.. 34. Pagadala rajyalakshmi, D/o. Kotaiah, Aged about 39 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Gurukulam, Kandaleru, SPSR Nellore District.. 35. Cherukuru Penchalamma, D/o. Balaramaiah, Aged about 39 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Kandaleru. SPSR Nellore Dishlct. 36. D. Anuradha,_D/o. Shivareddy, Aged about 42 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys),' Dakkili., SPSR Nellore District. 37. A.Navaeetha, D/o. Krishnaiah, Aged about 41 Years, Occ; Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys),'
Dakkili,, SPSR Nellore Disti'ict. 38. B.Roja Ramani D/o. Kotiligaiah, Aged about 47 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Dakkili, SPSR Nellore District. 39.
CH.Lakshmi Presuna, D/o. Pichaiah, Aged about 34 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Dakkili,, SPSR Nellore District. 40. B.Amiapurna,D/o. Venkaiah, Aged about 35 Years, Occ; Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Dakkily, SPSR Nellore District. 41. Kaluthuri Kavitha,D/0 subbaiah Aged about 30 Years, Occ; Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Sarvepalli at koduru SPSR Nellore District. 42. Embeti Sumathi, D/O chengaiah. Aged about 30 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Sarvepalli at koduru SPSR Nellore District.'
43. V. Bhaskara rao, S/o. V.Dasu, Aged about 30 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Atcham Peta, Guntur District. 44. G. Vasundhara, D/o. Satyanai-idarn, Aged about 38 Years, Occ; Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Racharla, Prakasam District. 45. M. Venkata Rathnamma, D/o. Ramanaiah, Aged about 30 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Bogolu, Nelluru District. 46. Kovurujyothi, S/o. Ghimiaiah, Aged about 40 Years, Occ: Part- time Teacher, C/o. A.P.Balayogi Residential School (Boys), Bogoly, Nellor District. 47. S. Sabeena, D/o. Bhasha, _ Aged about 33 Years, Occ: Paid-time Teacher, C/o. A.P.Balayogi Residential School (Boys),' Kadapa, Kadapa Disrict. 48. Mogali Jyothi, D/o. Venkataiah, Aged about 39 Years, Occ; Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), R.K Puram, Sattenapalli, Guntur District. 49. L. Ganga Devi, D/o. Bala Gangul Aged about 33 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Rayachoti, Kadapa District. 50. S. Hameedz, D/o. S. Valli Saheb, Aged about 35 Years, Occ: ParL-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Rayachoti, Kadapa Disb'ict. 51. V. Sri devi, D/o. Kesavarao, Aged about 40 Years, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys), Badangi, Vi ga yana ga ram. 52. Ch. Supriya, D/o. Ramanaiah, Aged about 36 Yeans, Occ: Part-time Teacher, C/o. A.P.Balayogi Residential School (Boys),' Bogole, Nellore Disdict. 53. Sriram Suneel, S/O Raghuramaiah, Ozili Aged about 29 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential Naidupet, SPSR Nellore District. 54.
Karlapudi Venkata Subbaiah, S/O Kotaiah, Aged about 42 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential Kokkupadu, SPSR Nellore District. 55. Gunna latha,D/O Penchalaiah, Aged about 33 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Social Welhire Residential Kandaleru, SPSR Nellore District. u. School/College, School/College, School/College,
56. Bapana Savithri,D/0 Hajarath, Aged about 28 Years, Occ; Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College,
L3 Kandaleru, SPSR Nellore District. 57. E.Div.ya,D/O K.Krishnaih. Aged about 34 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Dakilli, SPSR Nellore District. 58. D.Mahalakshmi, D/o. Koteswara Rao, Aged about 41 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Atchampeta, Guntur District. 59. M.V.S Shivalakshmi, D/o. Sambasivudu, Aged about 31 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Chinnachowk, Kadapa District. 60. G. Rama Devi, D/o. G. Thimmaiah, Aged about 30 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Rachala, Prakasam District. 61. Nattala Rahiakumar, S/o. late Gavaraiah, Aged about 39 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Kollivalasa Village, Srikakulam District. 62. Chinthala santhoshi, D/o. C. Balaiah, Aged about 31 Years, Occ: Part-time Teacher, R/o. A.P. Balayogi Social Welfare Residential School/College, Rayachoti, Kadapa District. ...Petitioners AND 1) The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Vela -pudi, Amaravathi. 2) The Andhra Pradesh Social Welfare Residential Educational Institution Society, Rep. b)’ ils Secretary, Tadcpalli, Guntur District. 'li.
3) The District Co-ordinator, Social Welfare I^esidential Educational Institution Society Nellore District at Nellore., 4) The District Co-ordinator, Social Welfare Residential Educational Institution Society Guntur District at Guntur., 5) The District Co-ordinator, Social Welfare Residential Educational Institution Prakasam District at Prakasam., 6) The District Co-ordinator, Social Welfare Residential Educational Institution Society Kadapa Dishict at Kddapa., 7) The District Co-ordinator, Social Welfare Residential Educational Institution Society Srikakulain District at Srikakulam., 8) The Principal, A.P. Balayogi Social Welfare Residential School/Colleg Kadapa, District at Kadap 9) The Principal, A.P. Balayogi Social Welfare Residential School/College, Vizayanagaram, District at Vizayanagaram. 10) The Principal, A.P. Balayogi Social Welfare Residential School/College, Vakadu, SPSR Nellore District. 11) The Principal, A.P. Balayogi Social Welfare Residential School/College, Puduru, SPSR Nellore District. 12) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Kandaleru, SPSR Nellore District. 13) The Principal, A.P. Balayogi Social Welfare Residential School/College, (BOYS), Dakkili, SPSR Nellore District. 14) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Society, e. a.
Sarvepalli at Kod 15) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Atchampeta, Guntur Dishdct. 16) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Racharla, Prakasam Distidct. 17) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Gogolu, Nellore District. 18) The Principal, A.P. Balayogi Social Welfare Residential School/Gollege, (GIRLS), _Kadapa,Kadapa District. 19) The Principal, A.P. Balayogi Social Welfa Residential School/College, (GIRLS), R.k. Uaram, Sattinapalli, Guntur District. 20) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Rayachoti, Kadapa District. 21) The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Badangi, Vigaya.nagcU-aiTi district. 2%} The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Kollivalasa Village, Srikakulam district. Nellore District.
uru., SI re ....Respondents
IS 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, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to remove the Petitioners from their respective posts of Part time Teachers without issuing any notice and without giving any opportunity of hearing as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles-14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to regularize the Petitioners in their respective posts by all service benefits and continuity of service and other benefits attached to the respective posts. lA NO: 1 OF 2020 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 not to remove the Petitioners from their respective posts of Part-time Teachers in their respective Schools. lA NO: 2 OF 2020 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 Respondent not to not to take any steps for filling any third parties as Part-time teachers by displacing the Petitioners in their respective posts. lA NO: 3 OF 2020 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 take up WP.No. 4050 of 2020 on Urgent Hearing Basis.
Counsel for the Petitioners: SRI P S P SURESH KUMAR
1-^ / ,y\Je ’ : GP FOR SERVICES -1 .2 to 22: Nl/s. AWllTHA MESA Counsel for the Respondent No.1 Counsel for the Respondents No The Court made the following common order;
* APHC010072012020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nos: 4224. 2824. 3300 & 4050 of 2020 W.P.No.4224 of 2020: Between: Marri Surya Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1.PSPSURESH KUMAR Counsel for the Respondent{S):
1. L V S NAGARAJU (SC FOR APREIS) 2.NOOKA JAGANNADHAM 3.GP FOR SERVICES I (AP) The Court made the following Common Order: As the issues involved in all the writ petitions is one and the same, and therefore, they are being taken up for hearing as well as disposed of by way of this Common Order. ...RESPONDENT(S)
2 T -
2. The V\/.P.No.4224 of 2020 is filed declaring the action of respondents in trying to remove the petitioners from their respective posts of Part-Time Teachers without issuing any notice and without giving any opportunity of hearing as illegal and arbitrary and consequential direction for regularization of the petitioners in their respective posts by ail service benefits. 3. The W.P.No.2824 of 2020 is filed declaring the action of respondents in trying to remove the petitioners from their respective posts of Part-Time Teachers without issuing any notice and without giving any opportunity of hearing as illegal and arbitrary and consequential direction for regularization of the petitioners in their respective posts by all service benefits. The W.P.No.3300 of 2020 is filed declaring the action of
4. respondents in trying to remove the petitioners from their respective posts of Part-Time Teachers without issuing any notice and without giving any opportunity of hearing as illegal and arbitrary and consequential direction for regularization of the petitioners in their respective posts by all service benefits. 5.
The W.P.No.4050 of 2020 is filed declaring the action of respondents in trying to remove the petitioners from their respective posts of
Part-Time Teachers without issuing any notice and without giving any opportunity of hearing as illegal and arbitrary and consequential direction for regularization of the petitioners in their respective posts by all benefits. service
6. Since the facts in all the writ petitions are similar and identical, therefore, W.P.No.2824 of 2020 is taken as lead case, and the facts therein are hereinafter referred to for convenience. 7.
Brief facts of the case are that the petitioners are working as Part-Time Teachers in the respondents’ department from the past several years. The petitioners were appointed in their respective schools and colleges with thorough examination of, their certificates and also interviews and conducting of demo classes by the respective District Conveners. The petitioners were being paid only a meager amount of salary, even though the petitioners were discharging the duties and handling the responsibilities of regular teachers and for all practical purposes, the petitioners imparting classes to all the students without any remarks. The petitioners’ initial appointments were based on a circular vide R.C.No.G2/14748/2004, dated 24.06.2024 by the then Secretary of the Andhra Pradesh, Social Welfare Residential Educational Institutions Society, Social Welfare Office Complex, Masabtank, Hyderabad. Basing on the said GO, the petitioners were inducted
4 into service after going through the necessary interviews and demo classes. As the petitioners were engaged in these classes, they have crossed the age limit and became not eligible to participate in the recruitment process for regular Government posts. However, from their date of inception, till date, no regular appointment was taken up by the Government of Andhra Pradesh and the respondents. Recently, the Government has conducted a recruitment process and the petitioners were not eligible even to apply as they have crossed the cut-off age. However, from 2009 to till date, the Government has not undertaken to recruit the said posts. While things -stood thus, the respective Principals of the petitioners’ respective institutions have instructed the petitioners not to-attend the classes and not to come to school, without issuing any notice. Aggrieved by the same, the present writ petition has been filed. This Court, vide
order, dated 11.02.2020,
directed the
8. respondents not to take any coercive steps with regard to the termination of the services of the petitioners. The 2""^ respondent filed counter affidavit denying the allegations made in the writ petition and stated that no appointment orders were given to the part time teachers. Their services were taken locally available on stop arrangements only. The circular R.C.No.G2/14748/2004,
9. dated gap
5 24.06.2004 quoted by the petitioners is not applicable to them. It is applicable to the in-service/retired teachers only. It is further stated that the Teacher Eligibility Test (TET) is minimum qualification required in India for a person to be eligible for appointment as a teacher and some of the writ petitioners are not having qualification of TET and some are not having required percentage of marks in Post Graduation. It is further stated that demos were conducted only to ensure that they have minimum teaching eligibility. This cannot be construed as following the prescribed procedure for regular recruitment. They were paid remuneration as fixed by the Government. Their services were taken purely on stop gap arrangements and as and when their services required to take classes as well as other duties of teachers. Therefore, prays to dismiss the writ petition. The pleadings which are cited by the petitioners in W.P.No.2824 of 2020, the same are adopted by the other petitioners in W.P.Nos.3300,
10. 4224, 4050 of 2020. Heard Mr.P.S.P.Suresh Kumar,
learned counsel for the
11. petitioners and learned Government Pleader for Services-I, for the respondents. On hearing, learned counsel for the petitioners while reiterating the contents urged in the writ petitions, submits that, the respondents ought
12.
6 to have considered that the petitioners are entitled for regularization of their posts, since the past more than one decade, they are working on a part-time basis. He further submits that the petitioners made representations to the respondents dated 16.01.2017, 29.06.2017, 25.01.2018, 27.01.2020 by narrating all the facts and requested to regularize their services. But till date, no action has been taken by the respondents. ;
13.
Learned counsel for the petitioners has placed reliance upon the decision of the Hon’ble Supreme Court reported in State of Punjab and others vs. Jagjit Singh and others^ wherein the Hon’ble Apex Court held as follows:
"....Based on the consideration recorded hereinabove, the determination in the impugned judgment rendered by the full bench of the High Court, whereby it classified temporary employees for differential treatment on the subject of wages, is clearly unsustainable, and is liable to be set aside. 52. In view of all our above conclusions, the decision rendered by the full bench of the High Court in Avtar Singh State of Punjab & Ors. (CWP no. 14796 of 2003), dated 11.11.2011, is liable to be set aside, and the same is hereby set aside. The decision rendered by the division bench of the High Court in State, of Punjab & Ors. v. Rajinder Singh & Ors. (LPA no 337 of 2003, decided on 7.1.2009) is also liable to be set aside, and the same is also hereby set aside. We affirm the decision rendered in State of Punjab & Ors. v. Rajinder Kumar (LPA no 1024 of 2009, decided on 30.8.2010), with the modification, that the concerned employees would be entitled to the minimum of the pay-scale, of the category to which they belong, but would not be entitled to allowances attached to the posts held by them. 54. There is no room for any doubt, that the principle of 'equal pay for equal work’ has emerged from an interpretqtion of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been ^ (2017) 1 see 148
7 summarized by us in paragraph 42 hereinabove. The principle of 'equal pay for equal work' has also been extended to temporary employees (differently described as workcharge, daily-wage, casual, ad-hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again. 55. In our considered view, It is fallacious to determine artificial parameters to deny fruits of labour.
An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity. Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his Integrity. For he knows, that his dependents would suffer Immensely, If he does not accept the lesser wage. Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels Involuntary subjugation. 57. Having traversed the legal parameters with reference to the application of the principle of 'equal pay for equal work', in relation to temporary employees (daily-wage employees, ad-hoc appointees, empioyees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the concerned employees (before this Court), were rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of 'equal pay for equal work' summarized by us in paragraph 42 above. However, insofar as the instant aspect of the matter is concerned, it is not difficult for us to record the factual position. We say so, because it was fairly acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of appeals, were appointed against posts which were also available In the regular cadre/establishment.
It was also accepted, that during the course of their employment, the concerned temporary employees were being randomly deputed to discharge duties and responsibilities, which at some point in time, were assigned to regular employees. Likewise, regular employees holding substantive posts, were also posted to discharge the same work, which was assigned to temporary employees, from time to time. There Is, therefore, no room for any doubt, that the duties and responsibilities discharged by the temporary empioyees in the present set of appeais, were the same as were being discharged by regular employees. It is not the case of the appeilants, that the respondent-employees did not possess the qualifications prescribed for appointment on regular basis. Furthermore, it is not the case of the State, that any of the temporary employees would not be entitled to pay parity, on any of the principles summarized by us In paragraph 42 hereinabove. There can be no doubt, that the principle of 'equal pay for equal
8 work’ would be applicable to all ,the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Governmentemployees,holdingthe samepost. 58. In view of the position expressed by us in the foregoing paragraph, we have no hesitation in holding, that all the concerned temporary employees, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay-scale (- at the lowest grade, in the regular pay-scale), extended to regular employees, holding the same post." Therefore, learned counsel for the petitioners while relying the decision of the Hon’ble Supreme Court, prays to allow the writ petitions. 14. Per Contra, learned Government Pleader vehemently opposed for grant of any relief in the present writ petitions and submits that the petitioners are well aware of the fact of the issue of wide paper notification No.1/2019, conducting of online test, finalization of merit list, and counseling of the selected candidates.
All these para metres have been published in Janmabhoomi website from time to time in transparent manner. Biometric attendance was taken for the petitioners for the purpose of drawal of their remuneration through on APCFMS only. The petitioners have not challenged the notification and now entire selection process was completed and appointment orders were also issued. He further submits that the petitioners have not made out any prima facie case, so as to warrant the interference of this Court under Article 226 of the Constitution of India, since they did not made any grounds much less substantial grounds. Therefore, learned Government Pleader prays to dismiss the writ petitions. 9
15. On considering the submissions of both the learned and upon pursing the entire material that, in view of the interim order dated 11.02.2020 counsels on record, this Court is of the opinion the petitioners are continuing in their respective employment till date and the petitioners have submitted representations to the respondents to regularize their the same were pending. Hence, this Court is inclined to dispose of the writ petitions, directing the respondent Nos.1 services and and 2 to consider the representations made by the petitioners and dispose of the same, in the light of the Judgment of Jagjit Singh and others ’ case (stated supra), wherein it I was directed that “all the concerned temporary employees are entitled to draw wages at the minimum of the pay-scale (at the lowest grade, in the regular pay scale), which are extended to regular employees, holding the same post" and pass appropriate orders, strictly in accordance with law within a period of three (03) months from the date of receipt of the copy of this order. Further, the respondents are directed not to disturb the petitioners from their employment, till their representations are disposed of. With the above directions, the Writ Petitions
16. are disposed of. There shall be no order as to costs. As. a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/-B PRASADA RAO assistant REGI AR //TRUE COPY// To, SE ON OFFICER Pradesh, Secretaria?Mdfn°gs%Il^/apud°Amarara^^^ Institution Society, TadeMH.^Gumur DjsWct^'^®' Educationai
t The District Co-ordinator, Social Welfare Residential Educational Institution Society, Nellore District at Nellore. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Guntur District at Guntur. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Prakasam District at Prakasam. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Kadapa District at Kadapa. The District Co-ordinator,Social Welfare ResidentialEducational Institution Society, Srikakulam District at Srikakulam. The Principal, A.P. Balayogi Social Welfare Residential School/College, Kadapa, District at Kadapa. The Principal, A.P. Balayogi Social Welfare Residential School/College, Vizayanagaram, District at Vizayanagaram. The Principal, A.P. Balayogi Social Welfare Residential School/College, Vakadu, SPSR Nellore District. The Principal, A.P. Balayogi Social Welfare Residential School/College, Puduru, SPSR Nellore District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Kandaleru, SPSR Nellore District. The Principal, , A.P. Balayogi Social Welfare Residential School/College, (BOYS). Dakkili, SPSR Nellore District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Sarvepalli at Koduru, SPSR Nellore District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Atchampeta, Guntur District. The Principal, A.P, Balayogi Social Welfare Residential School/College, (GIRLS), Racharla, Prakasam District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Gogolu, Nellore District. The Principal, , A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Kadapa, Kadapa District. The Principal, , A.P. Balayogi Social Welfare Residential School/College, (GIRLS), R.k. Uaram, Sattinapalli, Guntur District. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. I
20. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Rayachoti, Kadapa District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Badangi, Vizayanagaram District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Kollivalasa Village, Srikakulam District. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Krishna District at Vijayawada. The District Co-ordinator,Social Welfare Residential Educational Institution Society, Guntur District at Guntur. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Vizayanagaram District at Vizayanagaram, The District Co-ordinator, Social Welfare Residential Educational Institution Society, Chittoor District at Chittoor.
The District Co-ordinator,Social Welfare Residential Educational Institution Society, Nellore District at Nellore. The Principal, A.P. Balayogi Social Welfare Residential School/College, ( BOYS) Darsi, Prakasam District. The Principal, A.P. Balayogi Social Welfare Residential School/College, ( BOYS), Velugonda, Prakasam District. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Racharla, Prakasam District. The Principal, A.P. Balayogi Gurukulam (GIRLS), cumbum, Prakasam District. The Principal, R/o. A.P. Balayogi Gurukulam (BOYS), Adavi Takkellapadu, Guntur District. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Guntur District at Guntur. The District Co-ordinator, Social Welfare Residential Educational Institution Society, Chittoor District at Chittoor. The Principal, A.P. Balayogi Social Welfare Residential School/ College, Ramakuppam, Chittoor District. The Principal, A.P. Balayogi Social Welfare Residential School/College, Koilkuntia, Kurnool District. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. <r
37. The Principal, A.P. Balayogi Social Welfare Residential School/Colleqe (GIRLS), Jaggaipet, Krishna District. 38. The Principal, A.P. Balayogi Social Welfare Residential School/Colleqe (BOYS), Achampet, Guntur District. 39. The Principal, A.P. Balayogi Social Welfare Residential School/College (GIRLS), Komarada, Vijayanagaram District. 40. The Principal, A.P. Balayogi Social Welfare Residential School/College, (GIRLS), Garugubilli, Vizianagaram District. 41. The Principal. A.P. Balayogi Gurukulam (Boys), P.N. Boddavalasa Vizianagaram District. 42. The Principal, R/o. A.P. Balayogi Gurukulam (Boys), Kopperla Vizianagaram District. ’
43. The Principal, A.P. Balayogi Gurukulam, Vakada, Nellore District. 44. The Principal, A.P. Balayogi Gurukulam, Tadikonda, Guntur District. 45. The Principal, R/o. A.P. Balayogi Gurukulam, Advitakkellapad u, Guntur L/isirici
46. The Principal, A.P., Balayogi Social Welfare Residential School/ College, Jogimpeta, Vizayanagam District. 47. The Principal, A.P. Balayogi Social Welfare Residential School/Colleqe Garugubilli, Vizayanagaram. 48. The Principal. A.P. Balayogi Social Welfare Residential School/Colleqe Vepada, Vizayanagaram. ^ ’
49. The Principal, A.P. Balayogi Social Welfare Residential School/College, Kollivalasa; Srikakulam District. 50. The Principal,'A.P. Balayogi Social Welfare Residential Naidupeta, Nellore District School/College I*
51. One CC to Sri P S P Suresh Kumar, Advocate [OPUC]
52.
Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT]
54. One CC to SRI NOOKA JAGANNADHAM, Advocate [OPUC]
55. One CC to SRI AMITHA MESA, Advocate [OPUC]
56. Two CD Copies
HIGH COURT DATED: 12/02/2025 COMMON ORDER WP.Nos.4224, 2824, 3300 & 4050 of 2020 ^ andhT^ n MAR 2025 Currant Section DISPOSING ALL THE WPs WITHOUT COSTS