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2026 DAILYLAW 22153 (AP)

S ISMAIL v. THE STATE OF AP

WP/17029/2025 · 2026-03-10

D Ramesh

body2026

Judgment text

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1 APHC010336602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 17029/2025 Between: 1. S ISMAIL, S/O ALLABAKASH, MA (URDU), BED.,PGDCA., AGE -44 YEARS, OCCUPATION FACULTY, R/0 D.N0.23-28-A, KOTA STREET, JAMIA MASZID, NANDYAL- 518501, A.P. 2. SRI SHAIK FHAYAZ, , S/O MASTAN VALI, MA(ENG), BED., PGDCA., AGE-42 YEARS , OCCUPATION FACULTY, R/O D.NO.4- 224-2, TUBADU VILLAGE AND POST.NADENDIA MANDAL, PALNADU DISTRICT -522234, A.P., 3. SHAIK KAREEM BASHA, , S/O JILANI, BCOM., BED., PGDCA., AGE- 44 YEARS, OCCUPATION FACULTY, R/O D.NO. 15-4-4, PANASATHOTA, NARASARAOPET (TOWN AND MANDAL), PALNADU DISTRICT - 522 601, A.P., ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINORITY WELFARE, AP SECRETARIATE, VELAGAPUDI, AMARAVTHI-522238 2. THE COMMISSIONER, MINORITY WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH 3. THE ANDHRA PRADESH STATE URDU ACADEMY, REP. BY ITS DIRECTOR / SECRETARY, D.NO.76-1-6 A/1AND2, FLOORS, MALAVIKA VILLA, OLD MIG H.B. COLONY, BHAVANIPURAM, VIJAYAWADA - 520012 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIATE, VELAGAPUDI, AMARAVTHI- 522238 ...RESPONDENT(S): 2 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 or direction, more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents on the petitioners representations, particularly dated 23-06-2025 for regularizations and the salary arrears as per PRCs on par with other similarly situated person attached to the petitioner's posts with due promotions as illegal, arbitrary biased, unconstitutional against the principles of natural Justice, Consequently direct the respondents to regularize the petitioners Services and release the arrears with due promotions duly considering the representation particularly dt.23-06-2025 and to pass IA 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 to direct the respondents to release arrears of salaries attached to the post of the petitioners as per PRC's till dale Pending disposal of the above writ petition and Pass Counsel for the Petitioner(S): 1. MD SALEEM PASHA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 3 ORDER: The present writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents on the petitioners representations, particularly dated 23-06-2025 for regularizations and the salary arrears as per PRCs on par with other similarly situated person attached to the petitioner's posts with due promotions as illegal, arbitrary biased, unconstitutional against the principles of natural Justice, Consequently direct the respondents to regularize the petitioners Services and release the arrears with due promotions duly considering the representation particularly dt.23-06-2025 and to pass…..” 2. Heard Mr. Md.Saleem Pasha, learned counsel for the petitioners and learned Government Pleader appearing for the respondents. 3. The contention of the petitioners is that in the identical situation, the case of the petitioners therein was considered by this Courti n batch of writ petitions in Shaik Saida vs State of Andhra Pradesh represented by Principal Secretary, Department of Minorities Welfare in W.P.No.2265 of 2021 and batch. The said Writ Petitions were considered and disposed of with the following direction: “Counsel for the petitioners relied on the division Bench judgment of this court in Andhra Pradesh Beverages Corporation Limited vs. K.Kesava Narayana Reddy1 and requested this Court to regularize the services of the petitioners basing upon the above judgment. On perusal of the above mentioned division bench judgment of this Court it is observed that, by following the judgment in Government 1 2021(5) ALT 668 4 of A.P. vs N.Venkaiah2, Division Bench of the High Court of Judicature at Hyderabad, it is held that the petitioners would be deemed to have been regularized for the purpose of fixation of pension and pensionary benefits. However, as per G.O.Rt.No.92, dated 28.6.2022, the case of the respondent i.e., services of the petitioners can be considered only on the concurrence of the Finance Department. Therefore, the Finance Department is directed to consider the case of the petitioners in view of the recommendation made by the Director/Secretary (FAC), A.P.State Urdu Academy, to the Principal Secretary to Government, Minority Welfare Department, in accordance with law and the entire process shall be completed within a period of three months from the date of receipt of this order.” 4. Learned counsel has also brought to the notice of the Court that the said orders were confirmed by the Division Bench of this Court in W.A.No.980 of 2022 and batch with the following directions: The Writ Appeals are disposed of by modifying the order of the learned single Judge. The appellants are directed to re-consider the case of the respondent/petitioner for regularization of services with reference to the law laid down by the Hon’ble Apex Court in Umadevi’s case and Manjula Bhashini’s case. The consideration and disposal shall be in an outer limit of six (06) months from today. 5. Considering the same, the Writ Petition is also disposed of in the same lines as that of the orders in W.P.No.2265 of 2021 and batch dated 19.9.2022. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 11.3.2026 RD 2 2018 (4) ALD 590 (DB) 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.17029 of 2025 Dated: 11.3.2026 RD