THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No. 25730 of 2021
ORDER:
This writ petition is being disposed of at the admission stage with the consent of both parties.
2. This writ petition is filed seeking the following relief:
"...to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus directing the respondents to grant notional service to the petitioner from 18.01.2002 in the cadre of Secondary Grade Teacher (SGT) on par with the 1st batch of DSC-2001 candidates by extending the benefit of proceedings Rc.No.1405/Ser.III-1/2018 dated 4-1-2020 issued by the 3rd respondent and consequential proceedings dated 15-2-2021 issued by the 2nd respondent in respect of similarly situated teachers in terms of judgment of this Hon'ble Court dated 16-4-2018 in W.P.No.36811/2013 wherein the judgment of the Hon'ble Tribunal dated 27-2-2013 in OA.No.193/2012 was upheld with all consequential benefits, by holding the action of the respondents in not considering the petitioner's representation dated 23-6-2021 for notional service on par with similarly situated teachers and further not extending the similar benefits of the judgment dated 16-4-2018 in WP.No.36811/2013 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. Heard Sri Ch. Jagannatha Rao, counsel for the petitioner, and the Government Pleader for Services-I appearing for the respondents.
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4. It has been contended by the petitioner that initially he was appointed as Secondary Grade Teacher (SGT) through proceedings dated 04.10.2002. The grievance of the petitioner is that he is entitled to notional seniority from 18.01.2002 on par with his batchmates.
5. Counsel for the petitioner contended that similar issue has come up before the then Andhra Pradesh Administrative Tribunal in O.A.No.193 of 2012 and the Tribunal vide orders dated 27.02.2013 was pleased to allow the O.A. Counsel further contended that aggrieved by the orders dated 27.02.2013 passed by the Tribunal, the State has preferred W.P.No.36811 of 2013 before this Court and this Court was pleased to dismiss the said writ petition on 16.04.2018 confirming the orders passed by the Tribunal. Counsel also contended that the case of the petitioner also stands on the same lines as that of the applicants in O.A.No.193 of 2012 and the petitioner has submitted a detailed representation to the respondents on 23.06.2021 requesting the respondents to extend him the similar benefit of the orders passed in O.A.No.193 of 2012 dated 27.02.2013, but so far the respondents have not passed any orders on the said representation. Therefore, counsel contended that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 23.06.2021 and pass appropriate orders in accordance with law.
6. Government Pleader appearing for the respondents had contended that since the petitioner's representation is pending with the 3 AKS,J W.P.No.25730_2021 respondents, the respondents would consider the same and pass appropriate orders in accordance with law.
7. This Court, having considered the rival submissions made by learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 23.06.2021 and pass appropriate orders in accordance with law, within a reasonable period of time, preferably within a period of eight weeks from the date of receipt of a copy of this order.
8. With the above directions, this Writ Petition is disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
______________________________ ABHINAND KUMAR SHAVILI, J 25-10-2021 vv