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2026 DAILYLAW 23511 (AP)

B S NAIDU, SPSR NELLORE DIST v. THE GOVT OF AP, GUNTUR DIST & 3 OTHERS

WP/34132/2017 · 2026-02-15

Maheswara Rao Kuncheam

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Judgment text

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APHC010431042017 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: Between: 1. B S NAIDU, SPSR NELLORE DIST, S/O (LATE) RAGHAVAIAH NAIDU AGED ABOUT 56 YEARS, OCC: PART ENGLISH, V.R. (DAY) COLLEGE, NELLORE, SPSR NELLORE DISTRICT, H.NO.27-1 S.P.S.R NELLORE DISTRICT. 1. THE GOVT OF AP GUNTUR DIST 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, PRASADAMPADU, VIJAYAWADA, KRISHNA DIST. 3. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT WOMENS' DEGREE COLLEGE COMPOUND, GUNTUR, GUNTUR DISTRICT. 4. V R DAY COLLEGE, NELLORE, SPSR NELLORE DISTRICT REP., ITS SECRETARY & CORRESPONDENT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 34132 OF 2017 B S NAIDU, SPSR NELLORE DIST, S/O (LATE) RAGHAVAIAH NAIDU AGED ABOUT 56 YEARS, OCC: PART-TIME LECTURER IN ENGLISH, V.R. (DAY) COLLEGE, NELLORE, SPSR NELLORE 1-1069, LAKSHMI NAGAR, NELLORE RE DISTRICT. ...PETITIONER AND THE GOVT OF AP GUNTUR DIST 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE COMMISSIONER OF COLLEGIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, PRASADAMPADU, VIJAYAWADA, KRISHNA DIST. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT WOMENS' DEGREE COLLEGE COMPOUND, GUNTUR, GUNTUR DISTRICT. V R DAY COLLEGE, NELLORE, SPSR NELLORE DISTRICT REP., ITS SECRETARY & CORRESPONDENT. ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM B S NAIDU, SPSR NELLORE DIST, S/O (LATE) RAGHAVAIAH NAIDU TIME LECTURER IN ENGLISH, V.R. (DAY) COLLEGE, NELLORE, SPSR NELLORE 1069, LAKSHMI NAGAR, NELLORE - 524002, ...PETITIONER THE GOVT OF AP GUNTUR DIST 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE COMMISSIONER OF COLLEGIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, PRASADAMPADU, THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT WOMENS' DEGREE COLLEGE COMPOUND, V R DAY COLLEGE, NELLORE, SPSR NELLORE DISTRICT REP., BY ...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 2 pleased toto issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the inaction on the part of the respondent No.4 in furnishing the service particulars of the petitioher to the respondents No.2 & 3 as has been called for through the proceedings in Rc.No.803/Admin-II-1/2012, dated 16-09-2016 in pro-forma annexed to it, issued by the respondent No.2 for regularisation of the services of the petitioner in the Department of English as arbitrary, illegal and voilative of fundamental rights guaranteed to the petitioner under Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to furnish the service particulars of the petitioner to the respondents No.2 & 3 in the pro-forma annexed to the Proceedings in Rc.No.803/Admin-II-1/2012, dated 16-09-2016 to the respondent No.2 forthwith for regularisation of the services of the petitioner in the Department of English of the 4th respondent College and pass IA NO: 1 OF 2017(WPMP 42447 OF 2017 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 respondent No.4 to furnish the service particulars of the petitioner to the respondents No.2 & 3 in the pro-forma annexed to the Proceedings in Rc.No.803/Admin-II-1/2012, dated 16-09-2016 to the respondent No.2 forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR EDUCATION (AP) 2. G RAMESH BABU 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 34132 OF 2017 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the inaction on the part of the respondent No.4 in furnishing the service particulars of the petitioner to the respondents No.2 & 3 as has been called for through the proceedings in Rc.No.803/Admin-II-1/2012, dated 16.09.2016 in pro- forma annexed to it, issued by the respondent No.2 for regularization of the services of the petitioner in the Department of English as arbitrary, illegal and voilative of fundamental rights guaranteed to the petitioner under Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to furnish the service particulars of the petitioner to the respondents No.2 & 3 in the pro- forma annexed to the Proceedings in Rc.No.803/Admin-II-1/2012 dated 16.09.2016 to the respondent No.2 forthwith for regularisation of the services of the petitioner in the Department of English of the 4th respondent College and pass” 2. On 13.02.2026, this Court passed the following order: “There is no representation for the petitioner. Mr. V.Adinarayana, learned Assistant Government Pleader for Higher Education, brought to the notice of this Court that the petitioner was about 56 years of age in the year 2017 and, in view of the passage of time, the petitioner might have retired from service. However, in order to offer one more opportunity to the petitioner, list the matter on 16.02.2026 under the caption “For Dismissal”.” 4 3. Even today, when the matter is called, there is no representation on behalf of the petitioner. 4. Sri Adinarayana Rao, learned Assistant Government Pleader for School Education stated that Para No.5 of the counter affidavit filed on behalf of Respondent No.4. For ready reference, relevant paragraph is extracted hereunder: “I submit that after filing the present Writ Petition, the Petitioner herein filed W.P.No.33268 of 2018 with very same prayer, but sought direction to this Answering Respondent to send his service particulars pursuant to the above another Memo dated 05.09.2018, whereas in the present Writ Petition, he sought for same relief pursuant to the proceedings dated 16.09.2016. Pursuant to the Memo dated 05.09.2018, this Answering Respondent vide Letter in Roc/1/PTC/2018, dated 12.12.2018 submitted the service particulars as stated in the above paragraph furnished to the 3rd Respondent herein / Regional Joint Director of Collegiate Education, Guntur. As the information was already submitted the present Writ Petition is liable to be closed.” 5. On 02.04.2025, the W.P.No.33268 of 2018 was disposed of. In view of the above facts and circumstances and considering that the petitioner is not represented by any counsel, the writ petition is dismissed for non-prosecution. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 16.02.2026. BSK 5 46 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 34132 OF 2017 Date: 16.02.2026. BSK