Kari Umamaheswara Rao v. THE STATE OF ANDHRA PRADESH
WP/7853/2026 · 2026-07-29
Nyapathy Vijay
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 7041 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7041 (AP) · dailylaw.ai ]
Judgment text
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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010143992026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7853/2026 Between:
1. KARI UMAMAHESWARA RAO, , S/O. KARI VENKATESWARLU, AGED ABOUT 59 YEARS, OCC SECONDARY GRADE TEACHER (MPPS GORAKAYAPALEM), R/O. D. NO. 1-45, CINIMA HALL, JANAKAVARAM, PANGULURU, PRAKASAM DISTRICT, ANDHRA PRADESH-523261.
2. YADAVALLI RANGARAO,, S/O. VENKATESWARLU, AGED ABOUT 59 YEARS, OCC SECONDARY GRADE TEACHER (MPPS VENKATADRIPALEM), R/O. D. NO. 5- 182/2, INKOLLU, PRAKASAM DISTRICT, ANDHRA PRADESH- 523167.
3. KOLA JOHN VIVEKANAND,, S/O. CHSIRLES, AGED ABOUT 59 YEARS, OCC SECONDARY GRADE TEACHER (MPPS VENKATREDDYPALLI), TARLUPADU, PRAKASAM DISTRICT, ANDHRA PRADESH-523332.
...PETITIONER(S) AND
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1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238.
2. THE COMMISSIONER OF SCHOOL EDUCATION, 4TH FLOOR, B BLOCK, VTPS RD, BHIMARAJU GUTTA, IBRAHIMPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH-521456.
3. THE DISTRICT EDUCATION OFFICER, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001.
4. THE DISTRICT SELECTION COMMITTEE, ERSTWHILE PRAKASAM DISTRICT, ANDHRA PRADESH - 523001.
...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 tomay be pleased to issue a Writ
Order or direction particularly, one in the nature of writ of Mandamus, declaring the action of the respondent no.l in not regularizing the petitioners as Secondary Grade Teachers in pursuance of their recruitment on contract basis with Minimum Time Scale (MTS), in terms of the G.O.Ms.No.27, School Education (Exams) Department dated 15.3.2023 contrary to the notification norms thereby depriving them of their rightful entitlement to seniority, extension of age of superannuation from 60 to 62 years pension and other consequential service benefits as unjust, arbitrary, illegal and unconstitutional being in violation of the Fundamental Rights guaranteed under Article 14, 15, 16, and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioners for regularization duly considering their representation dated 16.04.2025 in view of their date of retirement fast approaching and to pass such
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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 may be pleased to direct the respondents to continue the services of petitioners till the issue of regularization is pending pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S):
1. KOTA KRISHNA DEEPTHI Counsel for the Respondent(S):
1. GP FOR SERVICES III The Court made the following:
Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No
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HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7853 of 2026 O R D E R:
This writ petition is filed questioning the action of Respondents in not continuing the Petitioners in service till they attain the age of 62 years of superannuation on par with the regular employees as provided vide G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department dated 31.01.2022.
2.
Learned counsel for the Petitioners would submit that the issue involved in these Writ Petitions is covered by the order dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch and requested to pass a similar order in these Writ Petitions also. W.P.No.12413 of 2025 and batch is disposed of with the following directions: (i) The State Government shall examine the issue and take a conscious decision about enhancement of age upto 62 years to non-regular employees working for a substantial number of years in State departments and State owned/controlled entities;
(ii) Till such time, the petitioners/non-regular employees in service shall be continued or till they attain the age of 62 years;
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(iii) The petitioners who have retired on attaining the age of 60 years may be considered for re-engagement till 62 years in the event no alternative arrangement is made.
3. Learned Assistant Government Pleader for Services-II does not dispute the same.
4. In view of the same, these Writ Petitions are also disposed of in terms of the order, dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch. There shall be no order as to costs.
5. Registry is directed to attach the copy of the order, dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch to this order.
As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 30.07.2026 KLP