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2026 DAILYLAW 11852 (AP)

NALAM UMA MAHESWARI v. The State of Andhra Pradesh

WP/5172/2024 · 2026-09-24

Balaji Medamalli

body2026

Judgment text

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APHC010097592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] FRIDAY, THE 25th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5172/2024 Between: 1. NALAM UMA MAHESWARI, W/O BHUPATHI RAMANA RAO, AGED ABOUT 58 YEARS, JUNIOR ASSISTANT, GOVERNMENT DEGREE COLLEGE, RAJAHMUNDIY, EAST GODAVARI DISTRICT. 2. YAMIJALA ABHLSHEK, S/O V.S.SUBRAHMANYA SARMA, AGED ABOUT 33 YEARS. JUNIOR ASSISTANT, GOVERNMENT DEGREE CODEGE, SEETHANAGARAM, 3. KOGANTI JAGADEESH CHANDRA PRASAD, S/O RAMESH BABU, AGED ABOUT 36 YEARS. WORKING AS STORE KEEPER, GOVERNMENT DEGREE COLLEGE, MACHERLA, PALNADU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHL, GUNTUR DISTRICT. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE REGIONAL JOINT DIRECTOR FOR COLLEGIATE EDUCATION, STATE OF ANDHRA PRADESH, ZONE I AND II, RAJAHMUNDIY, EAST GODAVARI DISTRICT. 4. THE REGIONAL JOINT DIRECTOR FOR COLLEGIATE EDUCATION, STATE OF ANDHRA PRADESH, ZONE-III, GUNTUR, GUNTUR DISTRICT. 5. THE REGIONAL JOINT DIRECTOR FOR COLLEGIATE EDUCATION, STATE OF ANDHRA PRADESH, ZONE-IV, KADAPA, YSR KADAPA DISTRICT. 2 BM,J W.P.No.5172 of 2024 ...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 tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 5 in giving promotions to the Regular employees to the next higher cadre i.e. from Junior Assistants to Senior Assistants and Senior Assistants to Superintendent who working in the Government Degree colleges in all zones without preparing the semlority list among the Regular and Supemumeraiy posts employees is illegal, arbitrary and violative of principals and consequently direct the 2nd respondent herein to prepare the seniority list in all cadres among the regular and supemumeraiy post employees forthwith for further promotions and to pass such IA NO: 1 OF 2024 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 2nd respondent herein not to give promotions to the regular employees who are woring in the Government Degree Colleges in all zones without preparing the semiority list among the regular and supemumeraiy post employees pending disposal of the above writ petition in the interest of justice Counsel for the Petitioner(S): 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION (AP) 2. GP FOR SERVICES III The Court made the following: 3 BM,J W.P.No.5172 of 2024 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5172/2024 ORDER: 1. The Writ Petition is filed for following reliefs: “………to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in giving promotions to the Regular employees to the next higher cadre i e from Junior Assistants to Senior Assistants and Senior Assistants to Superintendent who working in the Government Degree colleges in all zones without preparing the seniority list among the Regular and Supernumerary posts employees is illegal arbitrary and violative of principals and consequently direct the 2nd respondent herein to prepare the seniority list in all cadres among the regular and Supernumerary post employees forthwith for further promotions ….” 2. The grievance of the petitioners is with regard to the non-framing of rules for petitioners, who were absorbed into Government service under G.O.Ms.No.42, Higher Education (CE) Department, dated 10.08.2021. During the pendency of the present writ petition, Government issued G.O.Ms.No.34, Higher Education (CE) Department, dated 12.06.2026, framing rules under Rule 2(iv) of the said Rules. It is stated that their seniority shall be reckoned in the relevant cadre from the date of their joining such appointment by transfer into Government service. However, the seniority of the staff who are already working in the equivalent class and category of posts in the Government Colleges in the respective cadres shall not be disturbed. 3. Learned counsel for the petitioners submits that, in view of the framing of Rules, the respondents have evolved a mechanism to consider their cases in terms of Rule 2(iv) of the said Rules and seeks to dispose of the present writ petition in terms of the said G.O. 4. Considering the submission made by the learned counsel for the petitioners, the present writ petition is disposed of with the following directions: 4 BM,J W.P.No.5172 of 2024 i) The respondent authorities are directed to finalize the seniority of the petitioners in accordance with G.O.Ms.No.34, Higher Education (CE) Department, dated 12.06.2026, particularly Rule 2(iv) of the said Rules. ii) There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. _______________________ BALAJI MEDAMALLI, J Date:25.09.2026 mmk 5 BM,J W.P.No.5172 of 2024 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5172/2024 25.09.2026 MMK