Citation : 2021 Latest Caselaw 276 AP
Judgement Date : 21 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA, ' (SPECIAL ORIGINAL JURISDICTION) A THURSDAY, THE TWENTY FIRST DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE 3 :PRESENT: 2 THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY __ "OS AR rs oie WRIT PETITION No. 1461 OF 2021 -- Between: 1. R. Gayathry, W/o. B. V. Nagaraju, Aged 46 years, Occ. School Assistant (Hindi) Zilla Parishad High School(ZPHS),Guthivaripalli, Renigunta Mandal, Chittoor District. 2. E. Nagarathnamma, W/o. P. Munirathanam, Aged 48 years Occ. School Assistant ( Hindi ), Zilla Parishad High School(ZPHS),Sadasivapuram, KVB Puram Mandal, Chittoor District. 3. Sunkar Hari Kumar, S/o. Sunkar Sreenivasulu, Aged 47 years, Occ. School Assistant (Hindi), Mandal Parishad Upper Primary School(MPUPS), Ponnetipalem, Madanapalli Mandal,Chittoor District. 4, S. Hari,, S/o. S. Nagaiah, Aged 47 years, Occ. School Assistant ( Hindi ), Zilla Parishad High School(ZPHS), Mallamgunta, Tirupathi Rural, Chittoor District. 5. Pareppagari Anitha,, W/o. Jangeti Rama Mohan, Aged about 38 years, Occ. School Assistnat (Hindi), Mandal Parishad Upper Primary School(MPUPS), Nagalapuram West H/W, Nagalapuram Mandal, Chittoor District. 6. D. Lakshmi Kanthamma, W/o. M. Ramesh, Aged 47 years, Occ. School Assistant ( Telugu), Zilla Parishad High School(ZPHS), Mangalam(Trends) Tirupathi Urban, Chittoor District. .... Petitioners -- AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary School Education Department, Secretariat Buildings, Velagapudi, Aimaravati, Guntur District. 2. The Director of School Education A .P.,, Anjaneya Towers, Road No, 7/104 B, Block 4" | VTPS Road, Ibrahimpatnam, Krishna District. 3. The District Educational Officer, Chittoor, Chittoor District. 2 ..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 of Mandamus, or any other appropriate Writ, order or Direction, declaring the action of the Respondents in showing the present working place of the petitioners who are promoted during the year 2019 in the ensuing counselling as vacant/ vacancies though they are not completed minimum prescribed period of service in the present working place in the ensuing teachers transfer counselling sought to be conducted service in the light of GO Ms.No.54, dated 1.10.2020 by showing their places of working as vacancies vide the proceeding in Rc.No.13029/11/2020-EST 3, dated 8.1.2021 and the consequential Proceedings Rc.No.13029/11/2020-EST 3, dated 14.1.2021 as illegal unjust arbitrary discriminatory and in violation of the Principles of Natural Justice and violative of Articles 14 16 and 21 of the Constitution of India and set aside the same in so far as petitioners are concerned and further direct the 2nd respondent to conduct counseling process as per GO Ms.No.54, dated 1-10-2020. |.A.No. 1 of 2021 :* Petition under Section 15 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to grant interim stay of all further proceedings pursuant to the Proceedings in Rc.No.13029/11/2020-EST 3, dated 14.1.2021 issued by the 2nd Respondent in so far as petitioners are concerned by duly directing the Respondents not to show petitioners present working place as vacant/ vacancies in the ensuing transfer counseling, pending disposal of W.P.No. 1461 of 2021, on the file of the High Court. Contd...2... 2 - The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof of Sri Md. Saleem, 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 14.01.2021, 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." A Sd/-M.RameshBab ASSISTANT REGISTRAR //TRUE COPY// : SECTIO FICER wo pene eee 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, Ibrahimpatnam, Krishna District. 3.The District Educational Officer, Chittoor, Chittoor District. -- (Addressee Nos. 1 to 3 by RPAD) ~ 4.Two CCs to the G.P. for Services-Ill, High Court of A.P., at Amaravati(OUT)~ 5.One CC to Sri Md. Saleem, Advocate(OPUC) 6.One spare copy. a TKK Mh, "i, he, HIGH COURT MSM.J DT.21-01-2021. ORDER
W.P.No. 1461 of 2021.
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