T.Shyamala Devi, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 867 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION NO.3748 OF 2021

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

"......to issue a writ of Mandamus, declaring the inaction on the

part of the 3rd respondent in acting on the letter, dated 07.08.2018

addressed by the 2nd respondent in considering the request of the

petitioner for treating her notional seniority w.e.f 10.02.2002 as

per rules in force on par with her juniors whose promotions got

effected from 10.02.2002 as arbitrary, illegal, abdication of the

statutory duty cast on him, apart from being violative of

fundamental rights guaranteed under Article 14 of the

Constitution of India and consequently direct the 3rd respondent to

act on the letter, dated 07.08.2018 addressed by the

2nd respondent and take immediate appropriate steps to fix the

notional seniority of the petitioner w.e.f 10.02.2002 and pass such

other order."

2. The petitioner was selected as Secondary Grade Teacher

through the District Selection Committee selection process held in

the year 1983 and appointed as such on 20.09.1983 at

Government Elementary School, Kuppanapalli Village, Palamaner

Panchayat, Chittoor District. Thereafter, considering the

petitioner's seniority and eligibility criteria, the petitioner was

called to attend the counselling held on 10.02.2002 for promotion

to the post of School Assistant but denied promotion on

extraneous reasons. The petitioner was constrained to file an

application on the file of the Andhra Pradesh Administrative

Tribunal in O.A.No.2284 of 2002 to declare the action of the 3rd

respondent herein in not considering her case for promotion to the

post of School Assistant in the existing vacancy at Government

High School, Bangarupalyam, Chittoor District.

3. The petitioner acquired eligible seniority for the post of

School Assistant as on the date of her first counselling for

promotion i.e., on 10.02.2002 and posting orders were not issued

due to lack of vacancies and inadvertent reasons. The petitioner

made several representation before the respondents 2 and 3

requesting them to consider her notional seniority

w.e.f 10.02.2002 i.e., from the date of her participation in the

counselling for promotion as School Assistant and fix her pay

scale accordingly.

4. Despite the representations made by the petitioner and the

order passed by the Commissioner of School Education in

Rc.No.619/Estt.IV/2017, dated 07.08.2018, the 3rd respondent is

not acting upon it and therefore the petitioner requested this

Court to issue a direction to the respondent authorities to act

upon the direction issued by the Commissioner of School

Education dated 07.08.2018.

5. During hearing, Sri P.V.N. Kiran Kumar, learned counsel for

the petitioner reiterated the contentions urged in the petition,

whereas learned Government Pleader for Services-III readily

agreed to take appropriate action in terms of the order dated

07.08.2018 passed by the Commissioner of School Education, in

accordance with law.

6. Recording the submissions made by the learned

Government Pleader for Services-III, I need not decide the truth or

otherwise of the allegations made in the petition. This Court is

conscious that no such direction be issued, in view of the

judgment of the Apex Court in The Government of India v.

P.Venkatesh1, wherein the Apex Court held that such orders may

make for a quick or easy disposal of cases in overburdened

adjudicatory institutions. But, they do not service to the cause of

justice. As the learned counsel for the petitioner himself requested

to issue a direction to the respondent authorities to act upon the

direction issued by the Commissioner of School Education dated

07.08.2018, I find no other alternative, except to issue such

direction.

7. In the result, the Writ Petition is disposed of, directing the

respondent authorities to act upon the order passed by the

Commissioner of School Education in Rc.No.619/Estt.IV/2017,

dated 07.08.2018, in accordance with law, within a month from

today. No costs.

As a sequel, miscellaneous applications, pending, if any,

shall also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 16.02.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.3748 OF 2021

Date: 16.02.2021

IS