Andhra Pradesh High Court - Amravati
M Sri Rama Mohana Sarma vs The State Of Andhra Pradesh, on 15 December, 2021
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE FIFTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
:PRESENT: oe
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA *. °
WRIT PETITION NO: 29667 OF 2021 '
Between:
M Sri Rama Mohana Sarma, S/o M. Rama Krishna Rao, aged about 51 years,
B.Ed Assistant (under orders of removal) Holy Family English Medium School,
Sattenapalli, R/o 10-7-21, Park Road, Sattenapalli, Guntur District.
... Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Department of Education, Secretary Buildings, Vellagapudi, Amaravati, Guntur
District, Andhra Pradesh.
The Regional Joint Director, Guntur, Guntur District.
The District Educational Officer, Guntur, Guntur District.
Holy Family English Medium School Management, Rep by its Correspondent,
Sattenapalli, Guntur District.
5. The Principal, Holy Family English Medium School, Sattenapalli, Guntur District.
PWN
.... Respondents
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 a writ order, direction, more particularly in the nature of WRIT OF MANDAMUS
declaring the order of the 4" respondent, dated 20-10-2021 removing the petitioner from
the service as B.Ed. assistant in the 4th respondent school/Holy family English Medium
School, Sattenapalli is illegal, arbitrary, Colourable exercise of power, violation of Art 14,
16 of the constitution of India and violation of principles of natural justice apart from the
provisions of AP Education Act and AP Minority Education Institutions Rules and to
quash or setaside the letter, dated 20-10-2021 and issue a consequential direction to
the 4th respondent to continue the petitioner in services as B.Ed. Assistant in the Holy
family English Medium School, Sattenapalli with full pay and allowances and to pay
arrears of salary if any.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
4". and 5" respondents to permit the petitioner to continue his services as B.Ed.
Assistant in the Holy family English Medium School, Sattenapalli by suspending the
order issued by the 4" respondent, dt.20-10-2021, Pending disposal of WP 29667 of
2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri A Rajendra Babu
Advocate for the Petitioner and of GP for Education for the Respondent Nos.1 to 3 and
the Court made the following. '
ORDER:
"Heard the learned counsel for the petitioner and the learned Assistant
Government Pleader for respondents 1 to 3, who seeks time to secure
instructions in the matter.
However, considering the submissions made by the learned counsel for the
petitioner that before passing the impugned order prior approval of the
competent authority as contemplated under Section 79 of the Andhra Pradesh
Education Act, 1982 has not been obtained and that the order has been passed
without adhering to the principles of natural justice and on perusing the judgment
of the Division Bench in Vasavi College of Engineering, Hyderabad Vs.
A.Suryanarayana, dated 09.07.1991, this Court is of the considered opinion that
the petitioner has prima facie made out a case for grant of interim order.
Accordingly, there shall be an interim suspension of the proceedings,
dated 20.10.2021 and further direction to continue the petitioner's services as
B.Ed ., Assistant in the school in question, until further orders." > |
SD/- CHITT! JOSEPH oo
ASSISTANT REGISTRS
IITRUE COPYI/
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* To
4. The Principal Secretary, Department of Education, Secretary Buildings,
Vellagapudi, State of Andhra Pradesh, Amaravati, Guntur District, Andhra
Pradesh.
The Regional Joint Director, Guntur, Guntur District.
The District Educational Officer, Guntur, Guntur District.
Holy Family English Medium School Management, Sattenapalli, Correspondent,
Guntur District.
5. The Principal, Holy Family English Medium School, Sattenapalli, Guntur District.
(1 to 5 by RPAD)
One CC to SRI. A RAJENDRA BABU Advocate [OPUC]
Two CCs to GP for Education, High Court Of Andhra Pradesh. [OUT]
One spare copy
PWN
[email protected]®
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HIGH COURT
NJSJ
DATED:15/12/2021
ORDER
WP.No.29667 of 2021
INTERIM SUSPENSION
