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2026 DAILYLAW 21764 (AP)

SMT G.NARAYANAMMA & 7 OTHERS v. A.P RESIDENTIAL EUDCATIONAL INSTITUTIONS SOCIETY & 15 OTHERS

WP/13490/2010 · 2026-01-22

Challa Gunaranjan

body2026

Judgment text

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APHC010304702010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 13490 of 2010 Bench Sr.No:- 35 [3506] Smt G.narayanamma & 7 Others and Others ...Petitioner(s) Vs. A P Residential Eudcational Institutions Society 15 Others and Others ...Respondent(s) ********** Advocate for Petitioner: M SURENDER RAO Advocate(s) for Respondent(s): VINOD KUMAR TARLADA, . CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 23th January 2026 The Court made the following order: The present writ petition was instituted seeking the following relief: “…..to issue a writ order or direction especially one in the nature of writ of Mandamus a) declaring that the petitioners are entitled to count their seniority from the date of their conversion as Jr. Lecturers after 10.03.1989 or in pursuance of proceedings No.1178/A1-2/89, dated 10.03.1989. b) No change in the date of regularization issued by proceedings dated 26.04.1996 can be made by the respondent in respect of the petitioners. 2 c) The seniority shall be based on continuous length of service in the rank of Jr. Lecturers. d) Seniority shall be reckoned atleast from the dates from which petitioners were given the scales and salary attached to the post of Jr. Lecturer. e) Proceedings issued in Rc.No.59/A1-1/98-10 dated 30.03.2010 and Final Seniority list Rc.No.59/A1-1/98-10 dated 25.05.2010 as illegal and arbitrary and violating of article 14, 16 and 21 of the Constitution of India. f) And pass such other order or orders or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The writ petitioners as well as the unofficial respondents were all, at the relevant point of time, working as Junior Lecturers. Initially, they were appointed as Post Graduate Teachers (PGTs) and later were promoted as Junior Lecturers. The inter se seniority amongst the petitioners as well as the unofficial respondents was determined based on the final seniority list published vide Rc.No.59/A1-1/98-10, dated 25.05.2010, which triggered controversy amongst the parties. Challenging the said proceedings and also seeking various other reliefs, the present writ petition came to be instituted. 3. This Court, while issuing notice in the main writ petition, passed interim orders staying the operation of impugned final seniority list dated 25.05.2010. 3 4. None appears for the petitioner. Heard Sri Vinod Kumar Tarlada, learned Standing Counsel, Sri Arvala Rama Rao, learned counsel for the unofficial respondents and learned Assistant Government Pleader for Education. 5. Learned Standing Counsel submits that both the writ petitioners as well as the contesting unofficial respondents have attained age of superannuation; therefore, the cause in the writ petition no longer survives. Even otherwise, it is submitted that considering the law laid down by the Hon’ble Apex Court in Government of West Bengal and others v. Dr.Amal Satpathi and Others 1 , the grievance of the writ petitioners for consideration of promotion and seniority, after attaining the age of superannuation, cannot be considered. 6. The relevant portion of the judgment referred supra reads as follows: “21. While we recognize respondent No.1’s right to be considered for promotion, which is a fundamental right under Articles 14 and 16(10 of the Constitution of India, he does not hold an absolute right to the promotion itself. The legal precedents discussed above establish that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation. Considering that respondent No.1 superannuated before his promotion was 1 2024 SCC OnLine SC 3512 4 effectuated, he is not entitled to retrospective financial benefits associated to the promotional post of Chief Scientific Officer, as he did not serve in that capacity.” 7. In view of the aforesaid submissions, the Writ Petition is dismissed as Infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 23.01.2026 ANS 5 323 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13490 OF 2010 Date: 23.01.2026 ANS