P. Manjula Vani, vs The State Of Andhra Pradesh
2021 Latest Caselaw 5227 AP

Citation : 2021 Latest Caselaw 5227 AP
Judgement Date : 15 December, 2021

Andhra Pradesh High Court - Amravati

P. Manjula Vani, vs The State Of Andhra Pradesh on 15 December, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)

WEDNESDAY, THE FIFTEENTH DAY OF DECEMBER he
TWO THOUSAND AND TWENTY ONE iS
:PRESENT: a
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA \ '

WRIT PETITION NO: 29679 OF 2021 Ss
Between:

P. Manjula Vani, W/o Inna Reddy, Aged about 55 years, B.Ed. Assistant (under
orders of removal Holy Family English Medium School, Sattenapalli), R/o 11-6-
22/1, Raghuram Nagar, Stn ward, Sattenapalli, Guntur, 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.

... 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 4" 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 4" 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 petition, the High Court may be pleased to direct the 4th
and Sth 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 4th respondent, dt.20-10-2021, Pending disposal of WP 29679 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 SERVICES(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." --;

To,

PON

. > PH sp/- CHITTI JOSE ASSISTANT REGISTRAR

ITTRUE COPY// For sECTION OFFICER

. The Principal Secretary, Department of Education, Secretary Buildings,

Vellagapudi, Amaravati, State of Andhra Pradesh,Guntur District, Andhra Pradesh

The Regional Joint Director, Guntur, Guntur District.

The District Educational Officer, Guntur, Guntur District.

The Correspondent, Holy Family English Medium School Management, Sattenapalli, Guntur District.

The Principal, Holy Family English Medium School, Sattenapalli, Guntur District. (1 to 5 by RPAD)

One CC to SRI. ARAJENDRA BABU Advocate [OPUC]

Two CCs to GP FOR SERVICES(Education),High Court Of Andhra Pradesh. [OUT]