Andhra Pradesh High Court - Amravati

Potnuru Jagan Mohan Rao vs State Of Andhra Pradaesh on 21 January, 2021

Bench: M.Satyanarayana Murthy

Between:

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI~ THURSDAY, THE TWENTY

(SPECIAL ORIGINAL JURISDICTION)

:PRESENT:

THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY

WRIT PETITION No. 1393 OF 2021 a

1. Potnuru Jagan Mohan Rao s/o Chinna Krishna Murthy aged about 55 years, occ: School Assistant (Telugu), Govt. High School, Etcherla Police Quarters Etcherla Mandal, Srikakulam District.

2. Mandakuriti Satrughnudu s/o Venkati,

aged about 53 years, occ: School Assistant (Telugu), ZPH School, Kollipadu, Santhabommali Mandal, Srikakulam District.

3. Chindirala Viswanadham s/o Ch.Apparao,

aged about 57 years, occ: School Assistant (Telugu), Govt. High School, Ponduru, Ponduru Mandal, Srikakulam District.

4. Pullela Kameswari d/o Late P.C.V.Ramanayya

aged about 46 years, occ: School Assistant (Hindi), ZPH School, Vanjangi, Amadalavalasa Mandal, Srikakulam District.

5. B.Ramakrishna s/o Arjuna,

aged about 50 years, occ: School Assistant (Hindi), ZPHS, Navanambada, Srikakulam Post & District.

6. V.Yasoda d/o V.Gangaiah,

aged about 55 years, occ: School Assistant (Telugu), ZPGHS, Gornatla Ananthapur District.

7. S.Sreenivasulu s/o S.Venkataramanappa,

aged about 57 years, occ: School Assistant (Telugu), ZPHS, Palasamudram, Gorantla Mandal, Ananthapur District.

8. C.Leelarani d/o C.Chowdaiah,

aged about 45 years, occ: School Assistant (Telugu), ZPHS, Nallamada, Ananthapur District.

g§. M.Chalapathi s/o M.Peddanarappa,

aged about 50 years, occ: School Assistant (Telugu), ZPHS, Thimmampalli, Yellanuru Mandal, Ananthapur District.

10. V.Chandbasha s/o V.Fakroddin, aged about 52 years, occ: School Assistant (Telugu), ZPHS, Thimmampalli, a Yellanuru Mandal, Ananthapur District.

FIRST DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE ~~

11. N.Nagarjuna Reddy s/o N.Gangireeddy, aged about 51 years, occ: School Assistant (Telugu), ZPHS, Yenumulavaripalli, Mudigubba Mandal, Ananthapur District.

12. P.Nagireddy s/o P.Bayapareddy, aged about 49 years, occ: School Assistant (Telugu), ZPHS, Kodikonda Chilamatturu Mandal, Ananthapur District.

13. P.Mahaboob Basha s/o P.Azamthulla Khan Aged 55 years, occ: School Assistant (Telugu), ZPHS, Gootiballu, ,

N.P.Kunta Mandal, Ananthapur District.

14. M.Vasanthakumari d/o M.C.Venkataramanappa Aged 55 years, occ: School Assistant (Sanskrit)., ZPGHS, Kadiri, Ananthapur District.

15. Y.Shantha d/o Y.Chandrasekhar Reddy, aged about 43 years, occ: School Assistant (Hindi), ZPHS Mulakaledu village, Settur Mandal Ananthapur District.

16. R.Madhava Reddy s/o R.Gangi Reddy, aged about 51 years, occ: School Assistant (Telugu), ZPHS, Sreedharagutta village, Bommanhal Mandal, Ananthapur District.

17. M.Chandrasekhar Reddy s/o M.Kesava Reddy aged about 56 years, occ: Schoo! Assistant (Hindi), ZPHS, Thogarakunta village, Kanaganapalli Mandal, Ananthapur District.

18. V.V.Ramana s/o V.Neelakantam, aged about 45 years, occ: School Assistant (Telugu), ZPHS, Govada, Chodavaram Mandal, Visakhapatnam District.

19. Thummagunta Venkata Ramana s/o Simhachalam aged about 46 years, occ: School Assistant (Telugu), ZPHS, Vaddadhi village, Buchayyapeta Mandal, Visakhapatnam District.

20. A.Sambasiva Rao s/o Satyanarayana, aged about 54 years, occ: School Assistant (Hindi), ZPHS, Dh.Agraharam, S.Rayavaram Mandal, Visakhapatnam District.

21. V.L.N.Santhi Jyothi d/o V.V.Ramaraju, | caged about 45 years, occ: School Assistant (Hindi), ZPHS, Vommavaram village, S.Rayavaram Mandal, Visakhapatnam District. /.

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Ponugupali Lakshmi d/o Pydiraju,

aged about 47 years, occ: Schoo! Assistant (Hindi), ZPGHS, Nellimarla,

Vizianagaram District.

Upadhyayula Danteswari d/o U.B.Sarma,

aged about 42 years, occ: School Assistant (Hindi), ZPHS, Chanduluru,

Vizianagaram District.

Kolluru Padmavathi d/o Prasad,

aged about 41 years, occ: School Assistant (Hindi), ZPGHS, Alamanda,

Vizianagaram District.

Muddada Appanna s/o Ramappadu,

aged about 51 years, occ: School Assistant (Hindi), MPUPS, Korukonda,

Vizianagaram District.

Vadlamani V.S.Bhanumathi d/o V.Venkateswarlu aged about 56 years, occ: School Assistant (Hindi), ZPHS, Viyyampeta,

Vizianagaram District.

Kanti Nageswara Rao s/o Katachari,

aged about 41 years, occ: Schoo! Assistant (Hindi), ZPHS, Naranaiduvdya,

Vizianagaram District.

Lakkipadu Appala Swamy s/o Veeraswamy,

aged about 34 years, occ: School Assistant (Hindi), ZPHS, Gadasam,

Vizianagaram District.

Vaddi Kaneshari Uma Maheshwara Rao s/o

Viswanadham, aged about 46 years, occ: Schoo! Assistant (Hindi), ZPHS, R.B.Puram,

Vizianagaram District.

Patta Damodara Naidu s/o Patta Chinarami Naidu (Late), aged about 51 years, occ: School Assistant (Telugu), ZPHS, Alugolu, Nellimarla Mandal, -

Vizianagaram District.

Nadimpalli Sattibabu s/o Ramaraju,

aged about 52 years, occ: School Assistant (Telugu), ZPHS, Alamanda,

Jami Mandal, Vizianagaram District.

Mandangi Ramesh s/o Sanyasi,

aged about 52 years, occ: School Assistant (Telugu), ZPHS, Loitlapalli,

Jami Mandal, Vizianagaram District.

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Pappu Aruna Kumari d/o Subba Rao,

aged about 54 years, occ: School Assistant (Telugu), ZPHS, Jami Mandal,

Vizianagaram District.

Tippana Chinna Rao s/o Sanyasi,

aged about 43 years, occ: School Assistant (Telugu), ZPHS, Budathanapalli village,

Gantyada Mandal, Vizianagaram District.

Majji Narayana Murthy s/o Suryanarayana,

aged about 52 years, occ: Schoo! Assistant (Telugu), ZPHS, Pedamajjipalem village,

Gantyada Mandal, Vizianagaram District.

Gottapu Simhachalam s/o Satyam Naidu,

aged about 56 years, occ: School Assistant (Telugu), ZPHS, Dharmavaram village,

S.Kota Mandal, Vizianagaram District.

Allu Appalaswamy s/o Suryanarayana,

aged about 40 years, occ: School Assistant (Telugu), ZPHS, Rachakindam,

Bandapalli Mandal, Vizianagaram District.

Madugula Ramana s/o Akkulu,

aged about 38 years, occ: School Assistant (Telugu), ZPHS, Merakamudidam village and Mandal, Vizianagaram District.

Vempadapu Nakshratra s/o Guravulu,

aged about 36 years, occ: School Assistant (Telugu), ZPHS, Kallepollirega,

Lakkavarapukota Mandal, Vizianagaram District.

M.Pradeep s/o Madhusudan Prasad,

aged about 35 years, occ: School Assistant (Hindi), ZPHS, Narayanpuram,

Unguturu Mandal, West Godavari District.

A.Suryanarayana s/o Veerraju,

aged about 38 years, occ: School Assistant (Hindi), ZPHS, Jeelakarragudem,

Kamavarapukota Mandal, West Godavari District.

B.Bhima s/o Tourya,

aged about 37 years, occ: School Assistant (Hindi), ZPHS, Kuchimpudi, Pedavegi Mandal, West Godavari District.

V.Sreenu s/o Manja,

aged about 42 years, occ: School Assistant (Telugu), ZPHS, Gollagudem,

Unguturu Mandal, West Godavari District.

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M.Dayakar s/o Yesu Bhakthu,

aged about 51 years, occ: School Assistant (Telugu), ZPHS, Yerrampalli,

Chitalapudi Mandal, West Godavari District.

K.S.R:Rajya Lakshmi d/o K.Satyanarayana,

aged about 46 years, occ: School Assistant (Telugu), ZPHS, Regulakanta,

Goralapuram Mandal, West Godavari District.

Triveni Pallavi d/o Ramachandra murthy,

aged about 39 years, occ: School Assistant (Telugu), GHS, Polavaram,

Polavaram Mandal, West Godavari District.

V.Ramesh s/o Chinna,

aged about 38 years, occ: School Assistant (Telugu), ZPHS, Prathikolla lanka,

Eluru Rural Mandal, West Godavari District.

D.V.V.L.S.Eswari w/o G.Rama Rao, aged about 52 years, occ: School Assistant (Hindi), P.R.Govt.High School, Kakinada, East Godavari District.

A.Appanna s/o A. Narayana,

aged about 45 years, occ: Schoo! Assistant (Telugu), ZPHS,Gurajanapalli,

Karapa Mandai, East Godavari District.

M.V.V.S.N.Choudary s/o Venkata Raju,

aged about 45 years, occ: School Assistant (Telugu), ZPHS, Azatlakatta,

Karapa Mandal, East Godavari District.

V.V.S.Lakshmi w/o Yanamadala Ravi,

aged about 48 years, occ: School Assistant (Hindi), ZPHS, Kotipalli,

K.Gangavaram Mandal, East Godavari District.

M.Debora w/o K. John Pratan Reddy,

aged about 49 years, occ: School Assistant (Telugu), ZPHS,Chitrada,

Pithapuram Mandal, East Godavari District.

Y.Mani w/o A.Srinivasa rao,

aged about 40 years, occ: School Assistant (Hindi), ZPHS,Sundarapalli,

K.Gangarvaram Mandal, East Godavari District.

A.Lakshmi w/o V.SubramanyaSusty,

aged about 52 years, occ: School Assistant (Hindi), ZPHS,Gangavaram,

K.Gangavaram Mandal, East Godavari District. a

55. Durapalli Venkataramana s/o Nagaiah, aged about 46 years, occ: School Assistant (Hindi), ZPHS,Raparthi, = Pithapuram Mandal, East Godavari District.

56. N.Veerababu s/o Chinnasathi Raju, aged about 36 years, occ: School Assistant (Telugu), ZPHS, Vakatippa, Kapileswarapuram Mandal, East Godavari District.

57. V.Kodandapani s/o Seshacharyulu, aged about 40 years, occ: School Assistant (Telugu), ZPHS,Pandalapaka, Bikkavolu Mandal, East Godavari District.

58. N.Suseela w/o Subhas Chandra Bose, aged about 55 years, occ: School Assistant (Telugu), ZPHS, Navara,

Samarlakota Mandal, East Godavari District.

59. S.Bala Raju s/o Sahebu, aged about 54 years, occ: School Assistant (Telugu), Govt High School, Samarlakota Mandal, East Godavari District.

60. D.Nageswara Rao s/o Nagaiah, aged about 67 years, occ: School Assistant (Hindi), Govt High School, Inniespeta, Rajahmundry (urban), East Godavari District.

61. V.Pallam Raju s/o Satyanarayana Murthy, aged about 44 years, occ: School Assistant (Hindi), ZPHS, Mulapeta, U.Kothapalli Mandal, East Godavari District.

62. R.Peddi Raju s/o Nageswara rao, aged about 49 years, occ: School Assistant (Telugu), ZPHS,Vadlamuru, Peddapuram Mandal, East Godavari District.

63.Yendamuri Sowjanya Lakshmi, w/o Ch.Ramakrishna aged about 48 years, occ: School Assistant (Hindi), ZPHS, A.K.Mallavaram, Gollaprolu Mandal, East Godavari District.

64. P.Satyakumari w/o Lakshmi Prasad aged about 43 years, occ: School Assistant (Hindi), GHS, Jaggampeta, Jaggampeta Mandal, East Godavari District. ...Petitioners

and

1) The State of Andhra Pradesh rep., by its J Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

- 7 -

2.The Director of School Education, A.P., Anjaneya Towers, Road No.7/104,

B Block, 4° VTPS Road, Ibrahimptnam, Krishna District.

3.The District Educational Officer, Srikakulam District, Srikakulam.

4.The District Educational Officer, Ananthapur District, Ananthapur.

5. The District Educational Officer, Visakhapatnam District, Visakhapatnam.

6.The District Educational Officer, Vizianagaram District, Vizianagaram.

7.The District Educational Officer, West Godavari District, Eluru.

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

...Respondents _--

Petition under Article 1% 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 II) 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 (Telugu and Hindi) for general transfer of teachers by conducting counseling.

|.A.No. 1. of 202T- ao

Petition under Section 451 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 (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. 1393 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 :- ~

"Heard the learned counsel for the petitioners and the learned Government Pleader for Services - Ill 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 44.01.2021, are likely to be extended till 21.6.2021. .

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." ~~ . "

//TRUE COPY//

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.

3.The District Educational Officer, Srikakulam District, Srikakulam.

4.The District Educational Officer, Ananthapur District, Ananthapur.

5. The District Educational Officer, Visakhapatnam District, Visakhapatnam.

6.The District Educational Officer, Vizianagaram District, Vizianagaram.

7.The District Educational Officer, West Godavari District, Eluru.

8.The District Educational Officer, East Godavari District, Kakinadaz~ (Addressee Nos. 1 to 8 by RPAD)

9.Two CCs to the G.P. for Services-lll, High Court of A.P., at Amaravati(OWT)

10.One CC to Smt Kavitha Gottipati, Advocate(OPUC) ---

11.One spare copy.