Andhra Pradesh High Court - Amravati

J Ramanamma vs State Of Ap on 21 January, 2021

Bench: M.Satyanarayana Murthy

 

 

Me,

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ~
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE TWENTY FIRST DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE_-
:PRESENT:
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY _
WRIT PETITION No. 1492 OF 2021 __

Between:

1.

J. Ramanamma D/o Sri Rama Murthy, aged about 46 years, Occ: School Assistant (P.E.), Z.P.H.School, L. Garlapadu, Sattenapalli Mandal, Guntur District.

2. P. Anulu Kumari D/o Innaiah, aged about 48 years, Occ: School Assistant tO. E.), K.V.R. Z.P.H.School, Thullur, Thullur Mandal, Guntur District.

3. S. Chiranjeevi D/o. S. Anjaneyulu, aged about 45 years, Occ: School Assistant (P.E.), Z.P.H.School, Thumuluru, Thumuluru Mandal, Guntur District.

4, Sk. Khasim Buda S/o. Meera Saheb, aged about 55 years, Occ: School Assistant (P.E.), Z.P.H.School, Mandadam, Thullur Mandal, Guntur District.

5. Y. Philip Raju S/o Subba Rao, aged about 50 years, Occ: School Assistant (P.E.), Z.P.H. School, Yalamanda, Narasaraopet Mandal, Guntur District

6. P. Nagaiah S/o P. Mastan, aged about 50 years, Occ: School Assistant (P.E.), Z.P.H.School, Kolakaluru, Tenali Mandal, Guntur District.

7. K. Venkateswarlu S/o Ramaiah, aged about 43 years, Occ: School Assistant (P.E.), Z.P.H.School, Papayapalem, Bellamkonda Mandal, Guntur District.

8. D. Nagaraju S/o Lakshmaiah, aged about 35 years, Occ: School Assistant (P.E.), Z.P.H.School, Rajupalem, Rajupalem Mandal, Guntur District.

9. K. Chanti Babu S/o Venkateswarlu, aged about 52 years, Occ: School Assistant (P.E.), Z.P.H.School, Gottipadu, Prathipadu Mandal, Guntur District.

10. K. Srinivasulu S/o Subba Rao, aged about 42 years, Occ: School Assistant (P.E.), Z.P.H.School, Vipparla Reddy Palem, Rompicherla Mandal, Guntur District. .-~

11. M. Surendra S/o Rama Rao, aged about 55 years, Occ: School Assistant (P.E.), Z.P.H.School, Gullapalli, Nekarekallu Mandal, Guntur District.

12. M. Venkata Subba Rao S/o Basavaiah, . aged about 49 years, Occ: School Assistant (P.E.), Z.P.H.School, Velpuru, Savalyapuram Mandal, Guntur District.

13. B. Tirumala Bai D/o Somla Naik, aged about 39 years, Occ: Schoo! Assistant (P.E.),

Z.P.H.School, Rompicherla, Rompicherla Mandal, Guntur District.

14. N. Aruna Sri D/o Raghunadha Rao, _--. aged about 43 years, Occ: School Assistant (P.E.),

Z.P.H.School, 75 Thylluru, Peda Kurapadu Mandal, Guntur District.

15. 3.Titus s/o Anandha Rao, aged about 45 years, Occ: School Assistant (P.E.).,

ZPHS Boys, Kolluru, Kolluru Mandal, Guntur District.

16.Kasa Mahesh s/o K.Kotaiah, aged about 44 years,Occ: School Assistant (P.E.).,

-ZPHS, Dagadarthi, Dagadarthi Mandal, SPSR Nellore District.

17. Gouthama Raghava Rao s/o G.Ashokudu, aged about 47 years, occ: School Assistant (P.E.).,

ZPHS, Kommi, Kondapuram Mandal, SPSR Nellore District.

18. D.Krishna Mohan s/o D.V.Ramanaiah, aged about 45 years, occ: School Assistant (P.E.)., ZPHS, Utukur, Vidhavalur Mandal, SPSR Nellore Dist.

19. Tirupathi Venkata Suresh s/o T. Sudhakara Rao, aged about 43 years, occ: School assistant (P.E.)., _ ZPPHS, Anumasamudu Darampeta, SPSR Nellore District.

20. Chebrolu Mohan s/o Chebrolu Venkateswarlu, aged about 51 years, occ: School assistant (P.E.)., ZPP High School, Karatampadu,

Atmakur Mandal, SPSR Nellore District.

21. P.Bhaktha Gopal s/o Bathi Reddy aged 47 years, occ: School assistant (P.E.)., / ZPHS, Madanambedu,

Satyavedu Mandal, Chittoor District.

22. Pudi Saritha d/o P.Muni Kumar, aged about 42 years, occ: School Assistant (P.E.)., ZPHS Beerakuppam, Nagalpuram Mandal, Chittoor District.

23. P.Venkata Ramana s/o P.Subbu Setti,

aged about 54 years, occ: School assistant (P.E.)., ZPHS Anjuru,

KVB Puram Mandal, Chittoor District.

24. M.Srinivasa Perumallu s/o Ankineedu, aged about 50 years, occ: School assistant (P.E.)., ZPH School, Movva, Movwva Mandal, Krishna District.

25. K.V.Ramana Rao s/o Suryanarayana, aged about 52 years, occ: School Assistant (P.E.)., ZPH School, Bujabalapatnam, Kaikaluru Mandal, Krishna District.

26. V.Mruthanjaya s/o V.V.Narasimha Rao,

aged about 46 years, occ: School Assistant (P.E.)., ZPH School, Vinnakota, Gudlavalleru Mandal, Krishna District.

27. D.Ananda Reddy s/o D.Venkata Rami Reddy

aged about 58 years, occ: School Assistant (P.E.)., ZPH School, Choragudi,

Pamdimukala Mandal, Krishna District

28. G.Narasimha Rao s/o Satyanarayana,

aged about 44 years, occ: School Assistant (P.E.) ZPH School, Poolu, Kruthivennu Mandal, Krishna District.

29. V.S.K.Kumarlal s/o Mohan Lal,

aged about 51 years, occ: School Assistant (P.E.)., ZPH School, Bhapulapadu,

Bhapulapadu Mandal, Krishna District.

30. K.V.Radha Krishna s/o Eswara Rao

aged about 48 years, occ: School Assistant (P.E.)., ZPH School, Unguturu,

Unguturu Mandal, Krishna District.

31. A.P.Raju s/o A.Nagaraju,

aged about 48 years, occ: School Assistant (P.E.)., ZPH School, Tadanki,

Pamidimukkala, Mandal, Krishna District.

32. Narra Koteswara Rao s/o Kotaiah, aged about 45 years, Occ: School Assistant (P.E.)., ZPHS, Kaluzuvvalapadu,

Tarlupadu Mandal, Prakasam District. --

33. Chekka Venkateswarlu s/o Rangaiah aged about 45 years, Occ: School Assistant (P.E.)., ZPHS, Kamepalli (V), Zurugumalli Mandal, Prakasam District.

' 34. N.Ravindra Babu D/o Kotaiah

aged about 53 years, Occ: School Assistant (P.E.).,

ZPHS, Gajjalakonda, Markapur Mandal, Prakasam District.

35. B.Siva Sankar Reddy s/o Rama Subba Reddy aged about 44 years, Occ: School Assistant (P.E.).,

ZPHS, Uppalur, Muddanur Mandal, YSR Kadapa District.

36. S.Sirajulla s/o Abdul mazeed aged about 53 years, Occ: School Assistant (P.E.)., ZPHS, Rachapalli, Vontimitta Mandal, YSR Kadapa District.

37. P.Venkata Subbaiah s/o P Venkata Subbaiah aged about 45 years, Occ: School Assistant (P.E.)., ZPHS, Nandyalampeta, Mydkur Mandal, YSR Kadapa District.

38. V.Sree Ramana s/o Adhi Narayaradas aged about 58 years, Occ: School Assistant (P.E.)., ZPHS, Veparala, .

Mylavaram Mandal, YSR Kadapa District.

39. S.Jilani Basha s/o Kasim Saheb aged about 48 years, Occ: School Assistant (P.E.)., ZPHS, New Madhavasam, Vontimitta Mandal, YSR Kadapa District.

40. S.Krishnaiah s/o S Subbarayudu aged about 44 years, Occ: Schoo! Assistant (P.E.)., ZPHS, Nandalur, Nandalur Mandal, YSR Kadapa District.

41. S.Ravi s/o S Balaiah aged about 43 years, Occ: Schoo! Assistant (P.E.)., ZPHS, Yeguvepalii,

-Pendlimarri Mandal, YSR Kadapa District.

42.J.Narendra s/o J Timmaiah aged about 44 years, Occ: School Assistant (P.E.)., ZPHS, Mydkur, Mydkur Mandal, YSR Kadapa District.

_ 43. P.N.Tirupal Reddy s/o Venkata Pathi Reddy

aged about 56 years, Occ: School Assistant (P.E.).,

ZPHS, Valluru, Valluru Mandal, YSR Kadapa District. Jf

44, B.Hemaber Reddy s/o B JayaRam Reddy aged about 43 years, Occ: School Assistant (P.E.)., ZPHS, Dommara Nandyala, Mylavaram Mandal, YSR Kadapa District.

45. B. Venkateswar Naik s/o B Sankar Naik aged about 42 years, Occ: School Assistant (P.E.)., ZPHS (Boys),Galiveedu, _ Galiveedu Mandal, YSR Kadapa District.

46. N.Kondaiah s/o N Kondaiah aged about 49 years, Occ: School Assistant (P.E.)., ZPHS, Kamalakur, Atloor Mandal, YSR Kadapa District.

47. C.Murali s/o C Pandurangaiah aged about 35 years, Occ: School Assistant (P.E.)., Govt HS, B.Kodur, B.kodur Mandal, YSR Kadapa District.

48. A.Mahaboob Basha s/o A Mastan Basha aged about 47 years, Occ: School Assistant (P.E.)., ZPHS (Boys), Badvel, Badvel Mandal, YSR Kadapa District.

49. V.V. Siva Reddy s/o V C V Venkatapatti Reddy aged about 56 years, Occ: School Assistant (P.E.)., ZPHS, Pullareddypeta,

Duvvuru Mandal, YSR Kadapa District.

50. S.Ajas Ahammad s/o S Mastan aged about 46 years, Occ: School Assistant (P.E.)., ZPHS, Kamalapuram, Kamalapuram Mandal, YSR Kadapa District.

51. D.Venumadav Raju s/o D Obul Raju aged about 42 years, Occ: School Assistant It (P, E.)., ZPHS, Veeraballi, Veeraballi Mandal, YSR Kadapa District.

52. AB. Ramakrishnam Raju s/o AB Nagarjuna aged about 42 years, Occ: School Assistant (P.E.).,

-ZPHS, C.kothapeta, Khajipet Mandal, YSR Kadapa District.

53. Dharala Pentayya s/o D.Chandrayya, aged about years, occ: School Assistant (PE). + ZPHS, L.N.Peta, L.N.Peta Mandal, Srikakulam District.

54. Reddi Lakshmi Naidu s/o Reddi Asiri Naidu, | aged about years, occ: School Assistant (PE)., ZPHS Budithi,

Saravakota Mandal, Srikakulam District. a

55. K.Ramachandrudu s/o K.Satyam Naidu, Aged about years, occ: School Assistant (PE)., ZPH School, M.Seetarampuram, .

Vangara Mandal, Srikakulam District.

56. Kallepalli Anitha Sree d/o M.S.D. Prasad, aged about years, occ: School Assistant (PE)., ZPH School, Nimmada, Kotabommali Mandal, Srikakulam Dist.

57. G.Sujatha d/o G.Simhachalam, aged about years, occ: School Assistant (PE)., ZPH School, G.Sigadam, village and Mandal, Srikakulam District.

58. Jami V.S. Jagannadha Rao s/o Lakshmana Rao aged about years, occ: School Assistant (PE)., ZPH School, Koyyam,

Etcherla Mandal, Srikakulam District.

59. Kola Suseela d/o Kola Gurumurthy, aged about years, occ: School Assistant (PE)., ZPHS, Patarlapalli villge, Ranasthlam Mandal, Srikakulam District.

60. B.Santhoshi Matha d/o B.Maheswara Rao, aged about years, occ: School Assistant (PE)., ZPHS AV Puram, Regidi Amadalavalasa Mandal, Srikakulam District.

61. J.Hymavathi d/o J.Sreeramulu, aged about years, occ: School Assistant (PE)., ZPHS Laxmipuram, R.Amadalavalasa, Srikakulam District.

62.Bangi Ragesh Babu s/o B. Rambabu, aged about 40 years, occ: School Assistant (PE)., ZPHS, Havaligi, Vidapanakal Mandal, Ananthapur District.

63. G.Venkatesh s/o G.Etikanalappa, aged about years, occ: School Assistant (PE)., ZPHS High School, Peruru, Ramgiri Mandal, Ananthapur District.

64.R.C.Akulappa s/o R.Vannurappa, aged 40 years, occ: School Assistant (PE), ZPHS, Kambadhur, Kambadhur Mandal, Ananthapur District. J

65. K.Sreenivasulu s/o K.Ramachandra, aged about 44 years, occ: School Assistant (PE)., ZPHS, Palthur, Vidapanakal Mandal, Ananthapur District.

, . C.Santhalingam s/o C.Narayana,

aged about 39 years, occ: School Assistant (PE).,

ZPHS, Roddam,

Vidapanakal, Ananthapur District.

. A.R.Ram Prasad s/o A.C.Jayaramulu,

aged about 42 years, occ: School Assistant (PE)., ZPHS, Budili,

Gorantla Mandal, Ananthapur District.

. K.Surekha w/o:K.Subba Reddy,

Aged about 44 years, occ: School Assistant (PE)., ZPHS Bukkapatnam -

Bukkapatnam, Ananthapur District.

. T.Nallappa s/o T.Rajappa,

aged about 49 years, occ: School Assistant (PE)., ZPHS, C.K.Palli, .

Chennekothapalli, Ananthapur District.

. P.Madhavi w/o P.Obula Reddy,

aged about 42 years, occ: School Assistant (PE)., ZPHS, Perur,

Ramagiri Mandal, Ananthapur District.

. K.Venkata Lakshmi Devi w/o C.Kondappa,

aged about 53 years, occ: School Assistant (PE)., ZPHS, Havaligi,

Vidapanakal Mandal, Ananthapur Dist.

. K.Balaji Naik s/o K.Gopal Naik, . aged about 40 years, occ: School Assistant (PE)., ZPH School, Peddamanthuru,

Roddam Mandal, Ananthapur District.

. D.Vannurappa s/o Iti Kanallappa,

aged about 43 years, occ: School Assistant (PE)., ZPHS, Sopmandepalli village and Mandal Ananthapur District.

74. Uppada Malathi d/o Narayana,

aged about 42 years, occ: School Assistant (PE)., ZPHS, Anandapuram,

Anandapuram Mandal, Visakhapatnam District.

75. Gandi Govindarao s/o G.Sannibabu,

aged about 48 years, occ: School Assistant (PE)., ZP High School, Thotadam,

Munagapaka Mandal, Visakhapatnam District.

76. Buttala Satyam s/o B.Suryanarayana,

aged about 41 years, occ: School Assistant (PE)., ZPHS, Vommali,

Madugula Mandal, Visakhapatnam District.

77, Pilla Ravisankar s/o Satyanarayana, aged about 50 years, occ: School Assistant (PE)., ZPHS, Lankalkapalem, Parawada Mandal, Visakhapatnam District.

78. Peela Veerunaidu s/o P.Apparao, aged about 37 years, occ: School Assistant (PE)., ZPHS, Kannurupalem, Kasimkota Mandal, Visakhapatnam District,

79. Barla Kannam Naidu s/o Sita Ramayya, aged about 43 years, occ: School Assistant (PE)., ZPHS, Chinapachili, Ravikantham Mandal, Visakhapatnam District.

80. Bellana Vijaya Kumari d/o Demudu, aged about 39 years, occ: School Assistant (PE)., ZPHS, Pusapatirega village and Mandal Vizianagaram District.

81. TNVR Murthy s/o Appa Rao

aged about 43 years, occ: School Assistant (PE), ZPHS, I.Polavaram, I.Polavaram Mandal, E.G.District.

82. B. Chandra Sekhar S/o Bala Krishna,

aged about 50 years, occ: School! Assistant (PE)., ZPHS, P.Mallavaram,

Tallarevu Mandal, E.G. District.

83. K.Tulasi d/o Raju,

aged about 35 years, occ: School Assistant (PE)., ZPHS, Muramulla, .

I. Polavaram Mandal, E.G.District.

84. B.Raja Rajeswari S/o VeeraVishnu,

aged about 41 years, occ: Schoo} Assistant (PE)., ZPHS, T. Kothapalli,

I. Polavaram Mandal, E.G. District.

85. L.V.D. Ravi Babu s/o Ganiraju,

aged about 41 years, occ: School Assistant (PE)., ZPHS Gollagudem village,

Unguturu Mandal, W.G. District,

...Petitioners

and

1. The State of Andhra Pradesh rep., by its

Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District,

2. The Director of School Education, A.P.,

Anjaneya Towers, Road No.7/104, B Block, 4 VTPS Road, Ibrahimpatnam, Krishna District. J

3.The District Educational Officer, Guntur District, Guntur.

4.The District Educational Officer, SPSR Nellore District, Nellore.

5. The District Educational Officer, Chittoor District, Chittoor.

6.The District Educational Officer, Krishna District, Machilipatnam.

7.The District Educational Officer, Prakasam District, Ongole.

8. The District Educational Officer, YSR Kadapa District, Kadapa.

9. The District Educational Officer, Srikakulam District, Srikakulam.

10. The District Educational Officer, Anantapur District, Anantapur.

11. The District Educational Officer, Visakhapatnam District, Visakhapatnam.

42. The District Educational Officer, Vizianagaram District, Vizianagaram.

13. The District Educational Officer, East Godavari District, Kakinada.

14. The District Educational Officer, West Godavari District, Eluru. ..eRespondents -~

Petition under Article 2% of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in not extending the benefit in favour of the petitioners as was given to the other similarly situated persons vide proceedings Rc No. 13029/61/2020-EST 3 dated 08.01.2021 of the 2nd respondent is illegal, irregular, arbitrary, unjust, discriminatory and contrary to the GO Ms No. 54 School Edn (Services Il) Department dated 12.10.2020 and consequently direct the respondents to reconsider and revise the case of the petitioners also on par with other similarly situated persons by displaying the promoted places of 2019 as vacancies in the category of School Assistants (Physical Education) on par with School Assistants (Telugu and Hindi) for general transfer of teachers by conducting counseling. --~

|.A.No. 1 of 2021 :-~ ra

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the respondents to reconsider and revise the case of the petitioners also on par with other similarly situated persons by displaying the promoted places of 2019 as vacancies in the category of School Assistants (Physical Education) on par with School Assistants (Telugu and Hindi) for general transfer of teachers by conducting counseling in accordance with proceedings vide Rc No. 43029/61/2020-EST 3 dated 08.01.2021, pending disposal of W.P.No. 1492 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 of Smt Kavitha Gottipati, Advocate for the Petitioners and of the Govt. Pleader for Services - Ill on behalf of respondents, the Court made the following ORDER :- a

"Heard the learned counsel for the petitioners and the learned Government Pleader for Services - lil appearing for the respondents.

Orders reserved.

It is brought to the notice of this Court that the web options for the persons, who are parties to the impugned proceedings in Rc.No.13029/11/2020- EST 3, dated 08.01.2021, and the consequential proceedings in Rc.No.13029/11/2020-EST 3, dated 14.01.2021, are likely to be extended till 21.6.2021. _~

Contd...10....

- 10 -

Therefore, in view of the challenge of the same proceedings before this Court in the present batch of writ petitions, the respondents are directed not to complete web option proceedings till pronouncement of judgments in this batch of writ petitions while keeping the proceedings impugned in the writ petitions in abeyance." --- fom

Sd/-M.Ramesh ASSIS T GISTRAR

//TRUE COPY// Y | SECTION OFFICER

1.The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

2.The Director of School Education, A.P., Anjaneya Towers, Road No.7/104, B Block, 4' VTPS Road, Ibrahimptnam, Krishna District.