IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.370 of 2021
(Taken up through video conferencing)
The Government of Andhra Pradesh,
Represented by its Principal Secretary,
Education Department, Secretariat,
Saifabad, Hyderabad, presently situated at
Secretariat Buildings, Department of
School Education, Velgapudi, Guntur, and others.
.. Appellants.
Versus
Smt. B. Parvathi Devi,
W/o B. Jayaprakash, Aged about 51 years,
Hindi Pandi, Gr.II, Panyam Cements High School,
Cement Nagar, (P/O.) - 518 206,
Kurnool District, and another.
..Respondents.
Counsel for the appellants : Mr. K.V. Raghuveer, GP for School Education Counsel for respondent No.1 : Mr. K.G. Krishna Murthy, Sr. Counsel for Mr. J. Chandraiah ORAL JUDGMENT Dt: 22.07.2021 (per Arup Kumar Goswami, CJ) Heard Mr. K.V. Raghuveer, learned Government Pleader for School Education appearing for the appellants. Also heard Mr. K.G. Krishna Murthy, learned Senior Counsel appearing for respondent No.1/writ petitioner.
2. Challenge in this appeal is to an order dated 29.02.2020 passed by the learned single Judge in W.P.No.24135 of 2012, directing the appellant Nos.1 to 3 (respondent Nos.1 to 3 therein) to approve the appointment of 2 respondent No.1/writ petitioner with effect from 24.08.2007 and to pass appropriate orders within a period of three weeks.
3. Respondent No.1/writ petitioner was appointed as Hindi Pandit Grade-II in Panyam Cement High School on 04.10.2004. When her appointment was not approved by the competent authority, she, along with one Musharath Jehan, who was similarly situated, had approached this Court by filing W.P.No.9375 of 2005. During the pendency of the said writ petition, the appointment of Musharath Jehan (petitioner No.1 therein) was approved by a proceeding dated 24.08.2007. On due consideration, the said writ petition was allowed by a learned single Judge, by an order dated 29.12.2010, directing the Regional Joint Director of School Education, Kadapa, to pass fresh orders according the same treatment to respondent No.1/writ petitioner (petitioner No.2 therein), as was given to Musharath Jehan (petitioner No.1 therein).
4. The aforesaid order dated 29.12.2010 was assailed in W.A.No.1076 of 2011 and, by a judgment and order dated 26.12.2011, a Division Bench of this Court declined to interfere with the order under appeal and, accordingly, the appeal was dismissed upholding the order of the learned single Judge.
5. Subsequent thereto, proceedings were issued appointing respondent No.1/writ petitioner with effect from 14.06.2012.
6. Challenging the said action of the authorities in approving her appointment with effect from 14.06.2012 instead of from 04.10.2004, respondent No.1/writ petitioner filed the writ petition, out of which the present appeal arises, for a direction to the appellants/respondents to treat the date of her appointment as 04.10.2004 and for a declaration that she is entitled to all consequential benefits with effect from 04.10.2004. 3
7. On a query of the Court, Mr. Raghuveer submits that the appointment of Musharath Jehan was approved with effect from 24.08.2007.
8. Taking note of the order dated 29.12.2010 passed in W.P.No.9375 of 2005, as affirmed by the Division Bench in W.A.No.1076 of 2011, the learned single Judge held that as there was a direction to give the same treatment to respondent No.1/writ petitioner, as was given to Musharath Jehan (petitioner No.1 in W.P.No.9375 of 2005), she would be entitled for approval of her appointment with effect from 24.08.2007, from which date Musharath Jehan's appointment was approved.
9. The direction issued by the learned single Judge to approve the appointment of respondent No.1/writ petitioner with effect from 24.08.2007 being in terms of the order dated 29.12.2010 passed in W.P.No.9375 of 2005, which had attained finality, we see no good ground to interfere with the order under appeal.
10. Accordingly, the writ appeal is dismissed with costs of Rs.10,000/- (Rupees Ten Thousand only). Pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
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