APHC010051082017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 32927/2017 Between: 1. Y HEMANMTH, S/O. GEORGE, AGE: 60 YEARS, OCC: RETIRED LECTURER, R/O. PEDDAVEEDHI, KOTHAVALASA, PARVATHIPURAM, VIZAYANAGARAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. PRL SECY HIGHER EDUCATION GUN 2 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, VELAGAPUDI, GUNTUR DISRICT, ANDHRA PRADESH. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION, STATE OF ANDHRA PRADESH, A.N.R. TOWERS, 4TH FLOOR, JEMMI CHETTU VEEDHI, PRASADAMPADU, VIJAYAWADA, ANDHRA PRADESH. 3. SRI VENKATESWARA DEGREE COLLEGE, REP. BY ITS PROCESSING OFFICER, PARVATHIPURAM, VIZI ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Certiorari, i) declaring the action of the 1st & 2nd respondents in reckoning petitioner's seniority w.e.f. 09-11-2000 instead of 11- 08-1982 for all incidental and consequential service and monitory benefits attached to the post by calling the records relating to petitioner's appointment, recruitment notification, grant-in-aid details etc., as illegal, arbitrary, discriminative, colourable exercise, misfeasance, malfeasance and nonfeasance of powers besides violative of Arts.14, 16 & 21 of the 2 Constitution of India; and ii) consequently, declare that the petitioner is entitled for all incidental and consequential service and monitory benefits attached to the post w.e.f.11-08-1982 instead of 09-11-2000 and also direct the respondents to re-fix petitioner's seniority, salary drawn by him besides re- fixing of terminal and pensionary benefits with retrospective effect and further direct the respondents to pay arrears of salary, terminal benefits and monthly pensionary benefits to the petitioner; and pass Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION (AP) The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed seeking the following relief: “i) declaring the action of the 1st & 2nd respondents in reckoning petitioner's seniority w.e.f. 09-11-2000 instead of 11-08-1982 for all incidental and consequential service and monitory benefits attached to the post by calling the records relating to petitioner's appointment, recruitment notification, grant-in-aid details etc., as illegal, arbitrary, discriminative, colourable exercise, misfeasance, malfeasance and nonfeasance of powers besides violative of Arts.14, 16 & 21 of the Constitution of India; and ii) consequently, declare that the petitioner is entitled for all incidental and consequential service and monitory benefits attached to the post w.e.f.11-08-1982 instead of 09-11- 2000 and also direct the respondents to re-fix petitioner's seniority, salary drawn by him besides re-fixing of terminal and pensionary benefits with retrospective effect and further direct the respondents to pay arrears of salary, terminal benefits and monthly pensionary benefits to the petitioner; and pass” 2. The sum and substance of the writ petition is that the petitioner claims seniority, as well as other employment benefits. 3 3. Apparently, this Court on 25.10.2017, directed the 2nd respondent to dispose of the representation of the petitioner dated 10.11.2016 in accordance with Law. Thereafter, the matter was adjourned from time to time and listed today. 4. At the time of considering the matter, Sri V. Adinarayana, learned Assistant Government Pleader for Higher Education, submits that pursuant to the interim directions dated 25.10.2017 of this Court, the 2nd respondent had disposed of the representation dated 10.11.2016 of the petitioner vide proceedings in Rc.No.81/Ser.I/2021 dated 28.12.2021. He also serves a copy of the said proceedings to the learned counsel for the petitioner. 5. On receiving the same, learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to challenge the proceedings dated 28.12.2021 of the 2nd respondent, in accordance with Law. 6. Accordingly, the writ petition is closed by making the proceedings dated 28.12.2021 of the 2nd respondent, as part of the record. However, the petitioner is at liberty to challenge the said proceedings, if so advised. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 31.03.2026 GVK 4 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.32927 of 2017 Date:31.03.2026 GVK 235