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2026 DAILYLAW 27908 (AP)

BODDAPATI SWARNALATA v. THE UNION OF INDIA

WP/11/2026 · 2026-01-06

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010711902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11/2026 Between: 1. BODDAPATI SWARNALATA, D/O.LAKSHMANARAO (LATE), AGE 42 YEARS, OCCUPATION PGT (TELUGU), R/O. 1-284, KOTABOMMALI COLONY, KURUDU, SRIKAKULAM, ANDHRA PRADESH. ...PETITIONER AND 1. THE UNION OF INDIA, REP.BY.ITS SECRETARY, THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT SHASTRI BHAWAN, NEW DELHI. 110001 2. THE STATE OF ANDHRA PRADESH, REP.BY.ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT SECRETARIAT, VELAGAPUDI. 522238 3. THE COMMISSIONER AND DIRECTOR OF INTERMEDIATE EDUCATION, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 522002 4. THE DIRECTOR OF SCHOOL EDUCATION, BLOCK - B, ANJANEYA TOWERS, IBRAHIMPATNAM VIJAYAWADA. 521456 5. THE SARVA SHIKSHA ABHIYAN, GOVERNMENT OF A.P, 2 REP.BY.ITS STATE PROJECT DIRECTOR, PATAMATA, ZP HIGH SCHOOL BUILDING, VIJAYAWADA, KRISHNA DISTRICT. 522201 6. KASTURIBA GANDHI BALIKA VIDYALAYA SOCIETY, REP.BY.ITS SECRETARY, SAMAGRA SHIKSHA ABHIYAN PATAMATA, ZP HIGH SCHOOL BUILDING, VIJAYAWADA, AP.520001 7. THE DISTRICT COLLECTOR CUM CHAIRMAN, SARVA SIKSHA ABHIYAN, SRIKAKULAM DISTRICT AT SRIKAKULAM, 532001 8. THE PROJECT OFFICER, SARVA SIKSHA ABHIYAN, SRIKAKULAM DISTRICT AT SRIKAKULAM. 532001 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS i. declaring the action of the Respondents in terminating/discontinuing the services of the Petitioner as Part-Time Post Graduate Teacher (PGT) (Telugu) working in Kasturiba Gandhi Balika Vidyalaya (KGBV), Kotabommali, Srikakulam District, on the basis of oral instructions, without issuance of any written proceedings, notice, reasons, or opportunity of hearing, as illegal, arbitrary, unfair and unsustainable in law, being contrary to the procedure established by law, the binding orders of this Hon'ble Court in W.P. No. 15245 of 2023 and batch dated 05.12.2023, as affirmed and reinforced by the proceedings in W.A. No.288 of 2024, violative of the principles of natural justice, and unconstitutional, being in violation of Articles 14, 19(1 )(g) and 21 of the Constitution of India Consequently direct the Respondents to forthwith resume and continue the services of the Petitioner as Part-Time Post Graduate Teacher (PGT) (Telugu) in Kasturiba Gandhi Balika Vidyalaya, Kotabommali, or in the same institution where she was last engaged, and to permit her to discharge duties in terms of her 3 original engagement and contractual conditions, without imposing any artificial breaks or interruptions direct the Respondents to pay the honorarium/salary regularly and without interruption, including arrears, if any, from the date of illegal discontinuance, and to extend all consequential service benefits attached to such engagement, in accordance with law AND/OR to pass such other order. IA NO: 1 OF 2026 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 forthwith permit the Petitioner to resume and continue in service as Part- Time Post Graduate Teacher (PGT) (Telugu) in Kasturiba Gandhi Balika Vidyalaya, Kotabommali, Srikakulam District, or in the same institution where she was last engaged, and to allow her to discharge duties in terms of her original engagement and contractual conditions AND/OR to pass such other order. Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11 OF 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-authorities in terminating/discontinuing the services of the Petitioner as Part-Time Post Graduate Teacher (PGT) (Telugu) working in Kasturiba Gandhi Balika Vidyalaya (KGBV), Kotabommali, Srikakulam District on par with other similarly placed candidates, whose services were protected pursuant to the Order of this Court in W.P.No.15245 of 2023 dated 05.12.2023. 2. The Petitioner was appointed as a Part-time Post Graduate Teacher (Telugu) at Kasturiba Gandhi Balika Vidyalaya (KGBV), Kotabommali and has been discharging her duties on a contract basis on a monthly income of Rs.12,000/-. The services of the Petitioner and other similarly placed persons were terminated on 13.06.2023 by the Respondents without issuing any prior notice. Questioning the same, 51 similarly placed persons filed W.P.No.15245 of 2023 before this Court and this Court passed a detailed order on 05.12.2023 directing the Respondents to continue the services of the Petitioners therein in terms of their respective agreements, as long as the scheme under which they were 5 appointed remained in existence. Questioning the same, the Respondent-State filed W.A.No.288 of 2024 before the Division Bench of this Court. 3. Pursuant to the interim orders of the Division Bench in the Writ Appeal dated 14.10.2025, the Respondent-State had issued Proceedings on 19.10.2025 vide Rc.No.SS21021/76/2025- IED&KGBV-SSA-1, complying with the orders of the learned Single Judge. As the Petitioner is similarly placed, she sought consideration of her case in terms of the orders of this Court. 4. Learned Assistant Government Pleader, Sri M. Ravi Shankar, submits that the case of the Petitioner would be considered and that appropriate orders regarding her re-engagement would be passed. 5. Heard the respective counsel. 6. In the light of the detailed order passed by this Court in W.P.No.15245 of 2023 dated 05.12.2023 and the compliance thereof by the State Government vide Rc.No.SS21021/76/2025-IED & KGBV-SSA-1, dated 19.10.2025, the Writ Petition is disposed of with the following directions; 6 (i) The Respondent-authorities are directed to consider re- engagement of the petitioner, taking note of the above material facts, within a period of four (4) weeks from the date of receipt of a copy of this order; (ii) No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. _________________ NYAPATHY VIJAY, J Date: 07.01.2026 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11 OF 2026 Date: 07.01.2026 IS