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2025 DAILYLAW 7903 (AP)

KAVITI RAGHAVA RAO v. THE STATE OF ANDHRA PRADESH

WP/4512/2025 · 2025-02-20

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE | PRESENT ^ THE HONOURABLE SRUUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4512 OF 2025 Between: 1. Kaviti Raghava Rao S/o Late K. Ramanna, aged about 44 Years, Occ.: Language Pandit (Hindi), MPUP School. Cheepurlapadu, Kota Bommali Mandal, Srikakulam District. 2. Parri Nagabhushana Rao S/o P. Narsingulu, aged about 50 Years, Occ,: Language Pandit (Hindi), MPUP School, Kondavalasa, Sarubujjili Mandal, Srikakulam District. 3. Gummudu Mohana Rao S/o Late G. Appala Naidu. aged about 55 Years, Occ.; Language Pandit (Hindi), MPUP School, Majji Ramuni Peta, Regedi Amudalavalasa Mandal, Vizianagaram District. 4. Karapati Rama Rao S/o K. Appayya, aged about 46 Years, Occ.; Language Pandit (Hindi), MPUP School, Neelampeta, Burja Mandal, Srikakulam District. 5. Gandi Durga Prasad S/O Late Daleppayya, aged about 45 Years, Occ.: Language Pandit (Hindi), MPUP School. Appapuram, Laveru Mandal, Srikakulam District. 6. Paila Chandrakala D/o P. Sanyasi Rao, aged about 44 Years, Occ.; Language Pandit (Hindi), MPUP School. Narasapuram, Santha Bommali Mandal, Srikakulam District. 7. Polaki Eswara Rao S/o P. Krishna Murthy, aged about 55 Years. Occ.: Language Pandit (Hindi). MPUP School, Bhagavan Puram. Tekkali Mandal, Srikakulam District. 8. Jampu Uma Maheswara Rao S/o Latchayya, aged about 46 Years, Occ.: Language Pandit (Hindi), MPUP School, PVR Puram, Veeraghattam Mandal, P.P. Manyam District (Old Srikakulam District). : 4 ; 9. Dandasi Janakibai D/o D. Kristamma, Years, Occ.: Language Pandit (Hindi), MPUP School, Akkayavalasa, Kota Bommali Mandal Srikakulam District. 10. Somalia Apparao S/o Late S. Ramanna, Years, Occ.: Language Pandit (Hindi) MPUP School, Karipeta, Santha Bommali Mandal Srikakulam District. 11. Neelakanta Jenna S/o Sanyasi Jenna, l-^nguage Pandit (Hindi), MPUP School, Kapugodayavalasa, Santha Bommali Srikakulam District. 12. Bathula Jayalakshmi D/o Late B. Rama Murthy, fpDMD Language Pandit (Hindi), MPUP School, Pedda Kollivalasa, L.N. Peta Mandal Srikakulam District. 13. Issai Sowjanya Vathi D/o I. Venkata Rao, fponn Language Pandit (Hindi), MPUP School, Patha Ponnuturu, Kotturu Mandal Srikakulam District. 14. Ranjit Kumari Mahapatro D/o Narayana Mahapatro, Language Pandit (Hindi), MPUP School, Borigipeta, Tekkali Mandal Srikakulam District. 15. Maddu Rama Rao S/o Late Latchayya, MDMD Language Pandit (Hindi), MPUP School, Ponnam, Srikakulam Mandal Srikakulam District. 16. Kasina Ramesh S/o Late K.V. Ramana Murthy, MDND ' “-^nguage Pandit'(Hindi), MPUP School, Irapadu, Kotturu Mandal, Srikakulam District. 17. Kamini Pradhano D/o Late Radha Krishna Pradhano Years, Occ.; Language Pandit (Hindi) .,MPUP School, Akkavaram, Tekkali Mandal ’ - Srikakulam District. Mandal, : 5 : 18. Kothari Ramana Rao S/o Simhachalam, aged about 45 Years, Occ.: Language Pandit (Hindi), MPUP School, Ambavalli, Hiramandalam Mandal, Srikakulam District. 19. Roja Rani Patnaik N. D/o Narayana Rao, aged about 43 Years, Occ.: Language Pandit (Hindi), MPUP School, Kanugulavanipeta, Srikakulam Mandal, Srikakulam District. 20. Jaddidi Deva Raju S/o J. Purushottamu, aged about 54 Years, Occ.: Language Pandit (Hindi), MPUP School, Nadimivalasa, G. Sigadam Mandal, Srikakulam District. 21. Pujari Meenakshi D/o P. Satyanarayana, aged about 55 Years. Occ.: Language Pandit (Hindi), MPUP School, Alikam, Srikakulam Rural Mandal, Srikakulam District. 22. Bommali Tejeswara Rao D/o Late B. Ganneyya, aged about 55 Years, Occ.: Language Pandit (Hindi), MPUP School, Komaraltada, V. Kotturu Mandal, Srikakulam District. Petitioners 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 Srikakulam District, Srikakulam, A.P. 4. The District Educational Officer Parvathipuram Manyam District, Parvathipuram, A.P. 5. The District Educational Officer Vizianagaram District, Vizianagaram, A.P. .... Respondents X 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 declaring the action of the respondents in not considering and disposing of the representations dated 22-01-2025 and 21-01-2025 made by the petitioners for notional promotion to the cadre of School Assistants (Hindi) on par with DSC-2002 candidates, to fix their seniority notionally in the said cadre as per Rule 33 (b) and 36 (i) of A.P. State and Subordinate Rules, 1996 and also to fix their pay as per Fundamental Rules 26 (aa) with effect from November, 2019 is illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the notional promotion of the petitioners along with seniority in the cadre of School Assistant (Hindi) per Rule 33 (b) and 36 (i) of A.P. State and Subordinate Rules, 1996 and as fix their pay as per FR 26 (aa) on par with their juniors with all consequential benefits. lA NO: 1 OF 2025 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 respondents to consider and dispose the representations dated 22-01-2025 and 21-01-2025 of made by the petitioners for notional promotion to the cadre of School Assistants (Hindi) par with DSC-2002 candidates, to fix their seniority notionally in the said cadre as per Rule 33 (b) and 36 (i) of A.P. State and Subordinate Rules, 1996 and also to fix their pay as per Fundamental Rules 26 (aa) with effect from November, 2019, pending disposal of the main Writ Petition. on Counsel for the Petitioner :SRI. on Counsel for the Petitioner :SRI. KAVITHA GOTTIPATI Counsel for the Respondents: SRI SARATH, AGP FOR SERVICES-^f The Court made the following ORDER: lu M. APHC010082032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0SS [3331] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4512/2025 Between: 1. KAVITI RAGHAVA RAO, S/0 LATE K. RAMANNA, AGED ABOUT 44 LANGUAGE PANDIT (HINDI), CHEEPURLAPADU, KOTA BOMMALI MANDAL DISTRICT. YEARS, OCC. MPUP SCHOOL, SRIKAKULAM 2. PARRI NAGABHUSHANA RAO, S/0 P. NARSINGULU ABOUT 50 YEARS, OCC. AGED LANGUAGE PANDIT (HINDI), MPUP SCHOOL. KONDAVALASA, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 3. GUMMUDU MOHANA RAO. S/0 LATE G. APPALA NAIDU ABOUT 55 YEARS, OCC. LANGUAGE PANDIT (HINDI), SCHOOL. MAJJI RAMUNI PETA, MANDAL, VIZIANAGARAM DISTRICT. AGED MPUP REGEDI AMUDALAVALASA 4. KARAPATI RAMA RAO, S/0 K. APPAYYA, LANGUAGE PANDIT (HINDI), MPUP SCHOOL, NEELAMPETA, BURJA MANDAL, SRIKAKULAM DISTRICT. 5. GANDI DURGA PRASAD, S/0 LATE DALEPPAYYA, AGED ABOUT 45 YEARS. OCC. LANGUAGE PANDIT (HINDI), MPUP SCHOOL, APPAPURAM. LAVERU MANDAL. SRIKAKULAM DISTRICT. 6. PAILA CHANDRAKALA, D/0 P. SANYASI RAO, AGED ABOUT 44 LANGUAGE PANDIT (HINDI), MPUP SCHOOL, SRIKAKULAM AGED ABOUT 46 YEARS, OCC. YEARS, OCC. NARASAPURAM, SANTHA BOMMALI MANDAL DISTRICT. i 2 7. POLAKI ESWARA RAO, S/0 P. KRISHNA MURTHY, AGED ABOUT 55 YEARS, OCC. LANGUAGE PANDIT (HINDI), MPUP SCHOOL, BHAGAVAN PURAM, TEKKAL! MANDAL, SRIKAKULAM DISTRICT. 8. JAMPU UMA MAHESWARA RAO, S/0 LATCHAYYA, AGED ABOUT 46 YEARS, OCC. LANGUAGE PANDIT (HINDI), MPUP SCHOOL, PVR PURAM, VEERAGHATTAM MANDAL DISTRICT (OLD SRIKAKULAM DISTRICT) P.P. MANYAM AGED ABOUT 48 9 DANDASI JANAKIBAI, D/0 D. KRISTAMMA LANGUAGE PANDIT (HINDI), MPUP SCHOOL, SRIKAKULAM YEARS, OCC. AKKAYAVALASA, KOTA BOMMALI MANDAL, DISTRICT. 10.SOMALIA APPARAO, S/0 LATE S. RAMANNA, AGED ABOUT 55 YEARS, OCC. KARIPETA, SANTHA BOMMALI MANDAL, SRIKAKULAM DISTRICT. LANGUAGE PANDIT (HINDI), MPUP SCHOOL, AGED ABOUT 45 11.NEELAKANTA JENNA, S/0 SANYASl JENNA LANGUAGE PANDIT (HINDI), MPUP SCHOOL, SANTHA BOMMALI MANDAL YEARS, OCC. KAPUGODAYAVALASA, SRIKAKULAM DISTRICT. 12.BATHULA JAYALAKSHMI, D/0 LATE B. RAMA MURTHY, AGED ABOUT 54 YEARS, OCC. SCHOOL, PEDDA KOLLIVALASA, SRIKAKULAM DISTRICT. 13.ISSAI SOWJANYA VATHI, D/0 I. VENKATA RAO, AGED ABOUT 45 YEARS, OCC. PATHA PONNUTURU, KOTTURU MANDAL DISTRICT. 14.RANJ1T KUMARI MAHAPATRO, D/0 NARAYANA MAHAPATRO, AGED ABOUT 46 YEARS, OCC. LANGUAGE PANDIT (HINDI), MPUP SCHOOL, BORIGIPETA, TEKKALI MANDAL, SRIKAKULAM DISTRICT. LANGUAGE PANDIT (HINDI), MPUP L.N. PETA MANDAL, LANGUAGE PANDIT (HINDI), MPUP SCHOOL, SRIKAKULAM 15 MADDU RAMA RAO, S/0 LATE LATCHAYYA, AGED ABOUT 46 LANGUAGE PANDIT (HINDI), MPUP SCHOni , YEARS, OCC. PONNAM, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT. .46.KASINA RAMESH, S/0 LATE K.V. RAMANA MURTHY, AGED ABOUT 45 YEARS, OCC. LANGUAGE PANDIT (HINDI), MPUP 3 SCHOOL. IRAPADU, DISTRICT. 17.KAMINI PRADHANO, D/0 LATE RADHA KRISHNA PRADHANO AGED ABOUT 46 YEARS. OCC. LANGUAGE PANDIT (HINDI) MPUP SCHOOL. AKKAVARAM. TEKKALI MANDAL. SRIKAKULAM DISTRICT. KOTTURU MANDAL. SRIKAKULAM 18.KOTHARI RAMANA RAO. S/0 SIMHACHALAM. AGED ABOUT 45 YEARS. OCC. LANGUAGE PANDIT (HINDI). MPUP SCHOOL. AMBAVALLI. HIRAMANDALAM MANDAL. SRIKAKULAM DISTRICT. 19.ROJA RANI PATNAIK. N. D/0 NARAYANA RAO. AGED ABOUT 43 MPUP SCHOOL. SRIKAKULAM YEARS. OCC. LANGUAGE PANDIT (HINDI). KANUGULAVANIPETA. SRIKAKULAM MANDAL DISTRICT. 20.JADDIDI DEVA RAJU. S/0 J. PURUSHOTTAMU. AGED ABOUT 54 YEARS. OCC. LANGUAGE PANDIT (HINDI). MPUP SCHOOL. NADIMIVALASA. G. SIGADAM MANDAL. SRIKAKULAM DISTRICT. 21.PUJARI MEENAKSHI, D/0 P. SATYANARAYANA, AGED ABOUT 55 YEARS, OCC. LANGUAGE PANDIT (HINDI) MPUP SCHOOL, ALIKAM, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 22.BOMMALI TEJESWARA RAO, D/0 LATE B. GANNEYYA, AGED ABOUT 55 YEARS. OCC. LANGUAGE PANDIT (HINDI), MPUP SCHOOL, KOMARALTADA.V. KOTTURU MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SECRETARY, SCHOOL EDUCATION 2.THE COMMISSIONER OF SCHOOL EDUCATION, A.P D NO 398/3 VIDYA BHAVAN, VENKATADRI TOWERS, ATMAKUR VILLAGE, lyiANGALAGIRI MANDAL, GUNTUR DISTRICT 3.THE DISTRICT EDUCATIONAL OFFICER, SRIKAKULAM DISTRICT SRIKAKULAM, A.P. 4^ 4 4.THE DISTRICT EDUCATIONAL OFFICER, PARVATHIPURAM MANYAM DISTRICT. PARVATHIPURAM, A.P. 5.THE DISTRICT EDUCATIONAL OFFICER. VIZIANAGARAM DISTRICT, VIZIANAGARAM, 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not considering and disposing of the representations dated 22-01-2025 and 21-01-2025 made by the petitioners for notional promotion to the cadre of School Assistants (Hindi) on par with DSC-2002 candidates, to fix their seniority notionally in the said cadre as per Rule 33 (b) and 36 (i) of A.P. State and Subordinate Rules, 1996 and also to fix their pay as per Fundamental Rules 26 (aa) with effect from November, 2019 is illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the notional promotion of the petitioners along with seniority in the cadre of School Assistant (Hindi) as per Rule 33 (b) and 36 (i) of A.P. State and Subordinate Rules, 1996 and fix their pay as per FR 26 (aa) on par with their juniors with all consequential benefits and pass such lA 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 may be pleased to direct the respondents to consider and dispose of the representations dated 22-01- 2025 and 21-01-2025 made by the petitioners for notional promotion to the cadre of School Assistants (Hindi) on par with DSC-2002 candidates, to fix their seniority notionally in the said cadre as per Rule 33 (b) and 36 (i) of A.P. State and Subordinate Rules, 1996 and also to fix their pay as per Fundamental Rules 26 (aa) with effect from November, 2019, pending disposal of the main Writ Petition and to pass such Counsel for the Petitioner(S): 1.KAVITHA GOTTI PATI Counsel for the Respondent{S): 5 1.GP FOR SERVICES 111 The C'^urt made the following; •■■ORDER:; counsel for the petitioner and Sri for Services-ll appeared for Heard Smt. Kavitha Gottipati, learned learned Assistant Government Pleader Sarath the respondents. is filed to declare inaction on the part of the of the representations seeking notional with D SC-2002 per Rule 33 (b) The above writ petition is considering and disposing 2. dated respondents in 22.01.2025 and 21.01.2025 made by the petitioners of School Assistants (Hindi) on par promotion to the cadre candidates, to fix - and 36 (i) of Andhra Pradesh State and Fundamental Rules 26 their seniority notionally in the said cadre as Subordinate Rules, 1996 and also fix (aa) with effect from November, 2019- their pay as per would submit that the petitioners Pandit (Hindi) in pursuance of the having qualified, as per the Pandit (Hindi). The 3. Learned counsel for the petitioners have applied to the post of Language Notification of DSC-2002. Despite the petitioners merit list, they were not given appointments as Language and others filed O.A.No.12041 of 2009 and batch and the same 24.08.2010. Thereafter, the 3' Language Pandit (Hindi) in the years 2017 and 2019. and batch and sought notional petitioners was respondent appointed disposed of on petitioners and others as The petitioners filed W.P.Nos.12684 of 2022 etc., the said writ petitions of the orders passed in the Pandit seniority as per Rule 33 (b) and also to fix their pay were disposed of on different dates. In pursuance above writ petition, the notional seniority in DSC-2002 candidates. The juniors 2002 and further promoted the cadre of Language were with (Hindi) was fixed on par appointed as Language Pandits (Hindi) in the year Assistants (Hindi) in the year 2019. Hence claiming the notional promotion the petitioners made the and to fix to School aforementioned representations 6 O0& their seniority. Since the representations have writ petition is filed. Learned Assistant Government Pleader respondent will look into the representations made by the petitioners dated 21.01.2025 and 22.01.2025 and not been considered, the above 4. would submit that the 2""^ pass appropriate orders. Learned counsel for the petitioners endorsed the Indeed, directing the authorities deprecated by the Hon’ble Apex Court in Government of India v. P.VenkateshV 5. same. 6. to consider the representation is 7. However, given the facts and circumstances of the case, without going into the merits of the matter, this Writ Petition is disposed of at the admission Stage with the consent of learned counsel on either side, directing the 2 respondent to consider the petitioner’s representations dated 21.01.2025 and 22.01.2025 and pass appropriate orders. nd Strictly as per rules, as expeditiously as possible, preferably within eight (08) weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand dosed. / T (2019) 8 SCALE 544 Sd/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, School Education Department, State Of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of School Education, A.P., Bhavan, Venkatadri Towers, Atmakur Village. Mangalagiri Guntur District 3. The District Educational Officer, Srikakulam District, Srikakulam 4. The District Educational Officer, Parvathipuram Manyam Parvathipuram. A.P. To, D. No. 398/3, Vidya Mandal. A.P. District, 5. The District Educational Officer, Vizianagaram District, Vizianagaram A.P 6. One CC to M/S KAVITHA GOTTIPATI, Advocate [OPUC] 7. Two CCS to GP FOR SERVICES li, High Court Of Andhra Pradesh. OUT 8. Three CD Copies PRK • i HIGH COURT DATED:20/02/2025 ORDER WP.No.4512 of 2025 = 19 MAR 2025 ) ? . Current Ueciion a w DISPOSING OF THE W.P. AT THE ADMISSION STAGE, WITHOUT COSTS