IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE AMARAVATI PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nns: 4973 & 5192 of 2021 WRIT PETITION No: 4973 OF 2091- Between: 1. Annem Srinivasa Reddy, S/o.A. Seetha Rami Reddy, aged about 47 years, Occ: Language Pandit (Telugu) O/o MPUP School, Kristipadu Village, Dornipadu Mandal, Kurnool District, Andhra Pradesh State. 2. P. Aparna, D/o P. Ramanjaneyulu aged about 43 years, Occ; Language Pandit, (Telugu) O/o ZPHS, W. Kothapalli, Dornipadu Mandal, Kurnool District, Andhra Pradesh State. 3. G. Uma Devi, D/o.G.Hanumanthu Pandit (Telugu) O/o MPUPS District, Andhra Pradesh State. 4. C. Manjula, D/o C. Christopher, aged about Pandit (Telugu) O/o MPUPS, District, Andhra Pradesh State. 5. V.Krishnaveni, D/o V. Maddileti Pandit (Telugu) O/o MPUPS, Kurnool District, Andhra Pradesh State aged about 39 years, Occ; Language Komarolu, Orvakal Mandal Kurnool 36 years, Occ; Language Pudicherla, Orvakal Mandal, Kurnool aged about 39 years, Occ; Language 10-Bollavaram, Nandikotkuru Mandal, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Education Department, Secretariat, Velagapudi, Guntur District. School 2. The Commissioner and Director of School Education, Government of Andhra Pradesh, Ibrahimpatnam, Krishna District. 3. The District Educational Officer, Kurnool District at Kurnool ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or Direction may more particularly one in the nature of WRIT OF MANDAMUS, (a) declare the action of the respondents not fixing the notional seniority to the petitioners par with other selected candidates of Language Pandits in Kurnool on District through DSC-2008 in accordance with Rule 33 (b) and 36 of AP State and Subordinate Service Rules, 1996 as illegal, arbitrary, unjust, improper and violation of Articles, 14, 16and21 of Constitution of India, (b) declare the action of the respondents, particularly the 2nd respondent in rejecting the claim of the petitioners through impugned Memo No. ESE02- 14027/56/2020-EST4-CSE, dated 07.07.2020 specifying that the cannot be revised which is more than 3 years old is illegal, arbitrary, discriminatory and in violation of principles of natural justice and (c) set- aside the impugned Memo No. ESE02-14027/56/2020- EST4-CSE, dated 07.07.2020 issued by the 2nd respondent, (d) Consequently, direct the respondents to promote the petitioners to the post of School (Telugu/ PD) from the dates on which their immediate juniors and pay the arrears by awarding notional seniority. seniority Assistant are promoted lA NO: 1 OF 2021 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 to direct the respondents to consider the notional seniority par with other selected candidates to the post of Language Pandit by suspending the impugned Memo No.ESE02-14027/56/2020-EST4-CSE, on Gr.ll % / dated 07.07.2020 issued by the 2nd respondent pending disposal of the Writ Petition. Counsel for the Petitioners: SRI G.V.L. MURHTY Counsel for the Respondents: GP FOR SERVICES-III WRIT PETITION No: 5192 OF 2021: Between: Madana Sudhakar, S/o M. Chinna Maddileti, Aged about 40 Occ: School Assistant (Biological Science), Z.P High School, 1. Mooga Years, Chinna Podilla Village, Peapully Mandal, Kurnool District. 2. D. Nafeez Begum, D/o D. Ahamad Basheer, Aged about 42 Years, Occ; School Assistant (Biological Science), Z.P High School, Ingaldahal Village, Holagunda Mandal, Kurnool District. Raghavendra, S/o A. Ganesh, Aged about 39Years, Occ: School Assistant (Maths), Z.P High School, Kowthalam Village, Kowthalam Mandal, Kurnool District. 4. V. Suresh kumar, S/o V. Subramanyachari, Aged about 39 Years, Occ. School Assistant (Physical Science), N.M.M. High School, Adoni, Adoni Mandal, Kurnool District. 5. J. Abdul. Vaheed, S/o J. Ahmed Hussain, Aged about 38 Years, Occ: School Assistant (English), Z.P High School, Gokavaram Village, Kothapalli Mandal, Kurnool District. 6. P. Ajif Ali, S/o P. Sai Baba, Aged about 42 Years, Occ; School Assistant (Social Studies), U.P School, Ganjahalli Village, Gonegandia Mandal, Kurnool District. 7. H.C. Maddileti, S/o H. Chinna Ranganna, Aged about 37 Years, Occ: School Assistant (Biological Science), Z.P High School, Nagaladinne Village, Nandavaram Mandal, Kurnool District. 3. G. k \ Nagaraju, S/o D. Subbarayudu, Aged about 43 Years, Occ; School Assistant (Physical Education) Z.P.H.S, Venpenta, Gudipati Gadda Mandal, Kurnool District. 9. G. Ramanna, S/o G. Anjinaiah, Aged about 46 Years, Occ: School Assistant (Physical Education), Z.P.H.S, Katarukonda, Dhandugeri (Street), Adoni Mandal, Kurnool District. 10. Nagaraju, S/o D. Subbarayudu, Aged about 43Years, Occ: School Assistant (Physical Education), Z.P.H.S. Venpenta, Gudipati Gadda Village, Nandyala Mandal, Kurnool District. 11.G. Ramanna, S/o G. Anjinaiah, Aged about 46 Years, Occ: School Assistant (Physical Education), Z.P.H.S, Katarukonda, Dhandugeri- Street, Adoni Mandal, Kurnool District. 12.A. Srinivasulu, S/o. A. Papaiah, Aged about 43 Years, Occ: School Assistant (Physical Education), Z.P.H.S, Kokkarachedu, Tagore Nagar, Kurnool Town and District. 13.M. Nagarjuna Gowd, S/o Sri M. Nagaraja Gowd, Aged about 39 Years, Occ: Language Pandit (Telugu), Z.P.H.S, Dornipadu, Dornipadu Mandal, Kurnool District. 8. D. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner and Director of School Education, Government of Andhra Pradesh, Ibrahimpatnam, Krishna District. 3. The District Educational Officer, Kurnool District at Kurnool. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the rri respondents in not fixing the notional seniority to the petitioners on par with other selected candidates of Language Pandits in Kurnool District through DSC-2008 in accordance with Rule 33 (b) and 36 of AP State and Subordinate Service Rules, 1996 as illegal, arbitrary, unjust, improper and violation of Articles, 14, 16 and 21 of Constitution of India and consequently, direct the respondents to award notional seniority on par with other selected candidates i.e., 21.10.2009 instead of 05.02.2011 along with monitory benefits to the petitioners. lA NO: 1 OF 2021 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 to direct the respondents to consider to award notional seniority on par with other selected candidates i.e., 21.10.2009 instead of 05.02.2011 in according with the Memo No.754017/Services.I/A.1 /2017, dated 27.06.2019 and Circular Memo No. FIN02-18022/23 /2019-H, SEC-DTA, dated 22.11.2019 to the petitioners pending disposal of the Writ Petition. Counsel for the Petitioners: SRI G.V.L.MURHTY Counsel for the Respondents: GP FOR SERVICES-III The Court made the following: COMMON ORDER k k 1 APHC010084732021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 4973/2021 & 5192/2021 WP No.4973/2021: Between: Annem Srinivasa Reddy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.G VL MURHTY Counsel for the Respondent(S): 1.GPFOR SERVICES I'l The Court made the following: COMMON ORDER : As the issue involved in both the writ petitions as one and the same they are being taken up together for hearing. 2. Today, when the matters are taken for hearing, Sri G.V.L. Murthy learned counsel for the petitioners, submits that these matters are squarely covered by orders of this Caurt passed in WP No.5604 of 2021, dated 2 01.08.2024 and passed in W.P. No.5747 of 2020, dated 17.11.2022, and requests this Court to pass similar order in these writ petitions also. 3. This Court, vide order, dated 01.08.2024 in WP No.5604 of 2021 has disposed of the writ petition by following the order of this Court passed in W.P. No.5747 of 2020, dated 17.11.2022. The operative portion of the order in WP No.5747 of 2020, reads as under; “ 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..." 4. Learned Assistant Government Pleader for Services-lll appearing for the respondents opposed for grant of any relief in this writ petition and prayed to dismiss the same. 5. In view of the submissions made by both the learned counsels, this Court deems fit to dispose of these writ petitions in terms of the said order dated 17.11.2024 passed by this Court in WP No.5747 of 2020. 6. Accordingly, all the Writ Petitions are disposed of in terms of the orders of this Court dated 01.08.2024 passed in WP No.5604 of 2021 and passed in W.P. No.5747 of 2020, dated 17.11.2022. There shall be no order as to costs. % 3 7. The Registry is directed to attach a copies of the orders passed by this Court in WP No.5604 of 2021. dated 01.08.2024 and in W.P. No.5747 of 2020, dated 17.11.2022. 8. As a sequel, interlocutory applications if any pending, shall stand closed. . Sd/-IVI. SRINIVAS assistant registrar ^ SEcftONTOFFICER //TRUE COPY// To 1. The Principal Secretary, School Education Department Andhra Pradesh Secretariat, Velagapudi, Amaravati, 2. The Commissioner & Director of School , State of Guntur District. Education, Government of Andhra Pradesh, Ibrahimpatnam, Krishna District. 3. The District Educational Officer, Kurnool 4. One CC to Sri G.V.L.Murhty, Advocate [OPUC] 5. Two CCs to GP for Services-lll District at Kurnool. High Court of Andhra Pradesh. [OUT] 6. Three C.D.Copies. nm HIGH COURT DATED:02/01/2025 ORDER WP.Nos.4973 and 5192 of 2021 OF I 1 0 JAN 2025 I ^ . Current Section ^ Co DISPOSING OF THE WP’s WITHOUT COSTS 1 APHC010096422021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5604/2021 Between: ...PETITIONER(S) Putta Bhagya Sneha Latha and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.GVLMURHTY Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “...to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not fixing the seniority of the petitioners w.e.f 03.11.2010 on par with candidates who were got appointed earlier to the petitioners in DSC-2008 with all consequential benefits like fixation of pay and monetary benefits from the date of their joining into service is illegal, arbitrary, unjust, improper discriminatory principles of natural justice guaranteed under Article 14,16 and 21 of the Constitution of India and consequently direct the respondents to fix the seniority of the petitioners w.e.f 03..11.2010 on par with candidates who were got appointed earlier to the petitioners In DSC-2008 with all consequential benefits like 2 fixation of pay and monetary benefits from the date of their joining into service.... 2. Heard Mr G.V.L.Murthy, learned counsel for the petitioners and the learned Government Pleader for Services-lll appearing for the respondents. 3. On hearing, learned counsel for the petitioners submits that the matter is squarely covered by a order passed by this Court in W.P.No.5747 of 2020, dated 17.11.2022, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows: “ 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..” 4. Learned Assistant Government Pleader for Services-lll appearing for the respondents opposed for grant of any relief in the writ petition and prayed to dismiss the same. 5. In view of the submission made by both the learned counsels and upon perusing the entire material available on record, this Court deems fit to dispose of the present Writ Petition in terms of the said order. T 3 6. Accordingly, the Writ Petition is disposed of in terms of the order dated 17.11.2022 passed by this Court in W.P.No.5747 of 2020. There shall be no order as to costs. 7. The Registry is directed to attach a copy of the order passed in W.P.No.5747 of 2020, dated 17.11.2022 to this order. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. DR. K. MANMADHA RAO, J. Date.- 01.08.2024 TM r 4.9. THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No, 5747 of 2020 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 fully eligible and qualified for appointment to the post of Teachers. In the are 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 NV.J WP No.5747 of2020 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. 4. The learned counsel would also submit that when similarly situated persons approached 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. 5. The respondents filed a counter affidavit stating that the 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 respondent also issued orders vide memo dated 20.12.2018 for implementing the orders of the Tribunal in O.A.No.4336 of 2016 for sanction of notional seniority on par with the candidates 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 cases 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 WP No.5747 of2020 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 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 respeetive individuals. to 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 directed to consider and accord notional seniority to the petitioners on par with the candidates reeruited 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, completed within a period of three months from the date of receipt of a copy of this order. are This exercise shall be 7. With the above direction, the Writ Petition is disposed of. No order as to costs. r r 9 NVJ WPNo.5747of2020 4 Consequently, miseellaneous applications pending, if any, shall stand closed. JUSTICE VENKATESWARLU NIMMAGADDA th 17"' November, 2022 cbs