Andhra Pradesh High Court - Amravati

Adoni Venkata Subba Rao vs State Of Andhra Pradesh, on 22 January, 2021

Bench: M.Satyanarayana Murthy

 

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI :
\
FRIDAY, THE TWENTY SECOND DAY OF JANUARY _-- 3s
TWO THOUSAND AND TWENTY ONE
: PRESENT: wae

THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY"

WRIT PETITION NO: 1573 OF 2021

Between:

. Adoni Venkata Subba Rao, S/o. Venkoba

Rao, aged about 53 years, School Assistant > (Telugu), Z.P. High School (Urdu), Bodeddula

Paill, CK Dinne Mandal, Kadapa District.

. Shaik Chennur Najama Sultana, D/o. Ghouse Peeran, aged 47 years, School Assistant (Urdu), Z.P. High School (Urdu), Bodeddula Palli,

CK Dinne Mandal, Kadapa District.

. Mahaboobunnisa, D/o.Shaik Mohammed, aged 50 years, School assistant (Social Studies), Z.P. High School (Urdu), Bodeddula Palli,

CK Dinne Mandal, Kadapa District.

. K.Naga Malleswari, D/o. Nageswara Rao, Aged 51 years, School Assistant (Telugu), Z.P.H. School, Ponnekallu, Guntur District.

.M.R. Ramesh Babu, S/o. Ramaswamy, aged 48 years, School Assistant (Telugu), Z.P.H.S., Chinthayapalem, Karlapalem Mandal,

Guntur District.

5. B.Padmalatha, D/o. Hanimi Reddy, aged 48 years, School Assistant (Telugu), Z.P.H.S., Vellaluru, Ponnur Manda!, Guntur District.

. P.Seshagiri Rao, S/o. Ramakotaiah, aged 56 Years, School Assistant (Telugu), Z.P.H.S., (Girls), Sattenapally, Guntur District.

. Ch.Samrajyam, D/o. Rama Murthy, aged 46 Years, School Assistant (Telugu), Z.P.H.S. Dachepally, Dachepally Mandal, Guntur District.

. S.Swarupa Rani, D/o. Rajaratnam, aged 55

Years, School Assistant (Telugu), SPV Zilla

Parishad High School, Numbur, Pedakakani , Mandal, Guntur District.

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K.Yogabala, D/o. Subba Reddy, aged 46 Years, School Assistant (Telugu), Z.P.H. School (Boys), Ponnur, Guntur District.

Dasari Vijayamma, D/o. Daniel, aged 52 Years, School Assistant (Telugu), Z.P.H. School, Muthaipalem, Guntur District.

Kota Suneetha, D/o. Venkaiah Choudary, Aged 46 years, School Assistant (Telugu), BKR ZP High School, Garapadu, Vatti Cherukuru Mandal, Guntur District.

Nagothu Alphonsa Anna Mary, D/o. Showraiah, aged 51 years, School Assistant (Telugu), SKD Z.P.H.S., Rayapudi, Thullur Mandal, Guntur District.

A.Samrajya Lakshmi, D/o. Mastan Rao, aged 59 years, School Assistant (Telugu), Z.P.H.S. Kornepadu, Vatticherukuru Mandal,

Guntur District.

Thokala Sarada, D/o. Venkateswarlu, aged 41 years, School Assistant (Telugu), Z.P.H.S. Vatticherukuru, Guntur District.

B.Lakshmi Bai, D/o. Somla Naik, aged 40 Years, Schoo! assistant (Telugu), S.S. Zilla Parishad High School, Chilakalurupeta, Guntur District.

Pudota Lourdu Mary, D/o. Anthaiah, aged 51 years, School Assistant (Telugu), Z.P.H.S., Peda Makkena, Sattenapally Mandal, Guntur Dist.

Madanu Prameela, D/o. Rayappa, aged 44 Years, School Assistant (Telugu), Z.P.H.S., Medikonduru, Guntur District.

M.Naga Sulochana, D/o. Kameshwara Rao, Aged 39 years, School Assistant (Telugu), Z.P.H.S., Pallapadu, Vatticherukuru Mandal, Guntur District.

Putta Chandravathi, D/o. Krishna Murthy, Aged about 50 years, School Assistant (Hindi), SRR Z.P.P High School, Allipuram, Nellore Rural Mandla, SPSR Nellore District.

K.Mallikarjuna Rao, S/o. Narsaiah, aged 45 years, School Assistant (Hindi), Z.P.H.S., Kodurupadu, Nellore Rural Mandal, SPSR

Nellore District. ao

BEES MENS SIRO Rett

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M.Kalpana, D/o. Rajeswara Rao, aged 48 Years, School Assistant (Hindi), MPP UP School, Narukur, T.P. Gudur Mandal, SPSR Nellore District.

K.Raja Subba Lakshmi, D/o. K.K.Raja, Aged 49 years, School Assistant (Hindi), MPP UP School, Thikkavarappadu, Venkatachalam Mandal, SPSR Nellore Dist.

Shaik Iliyaz, S/o. Basha, aged 49 years, School Assistant (Hindi), ZPPHS, Inamadugu, Kovur Mandal, Nellore District.

T.Sasikala, D/o. Deenraj, aged 45 years,

School assistant (Hindi), MPUP School, Devarapalem, Nellore Rural Mandal, SPSR Nellore District.

N.Nagaraja, S/o. Seshagiri Rao, aged 48 Years, School Assistant (Hindi), MPUP School, Naidupalem, Kodavaluru Mandal,

SPSR Nellore District.

SK. Mujeebuddin, S/o. Khader Mohiaddin, Aged 46 years, School Assistant (Hindi), MPP UP School, Leburu, Indukurupeta Mandal, SPSR Nellore District.

Shaik Khadar Basha, S/o. Shaik Nazeer Basha, aged 47 years, School Assistant (Hindi), MPP UP School, Nidimusali, Indukurupeta Mandal, SPSR Nellore Dist.

B.Madhavi Latha, D/o. Hanumantha Rao, Aged 46 years, School Assistant (Hindi), Palukuri Pari Palem, Venkatachala Mandal, SPSR Nellore District.

Y.Saila Sreedevi, D/o. Gopal Reddy, aged 42 years, School Assistant (Hindi), ZPPHS, Mudivarthi, Vidavaluru Mandal, SPSR Nellore District.

Shaik Dilshad Begum, D/o. Shaik Khader Basha, aged 47 years, School Assistant (Hindi), ZPHS, Madamanuru, Manubolu Mandal, SPSR Nellore District.

_ Gottimukkala Surekha, D/o. Radha Krishna

Murthy, aged 52 years, School Assistant (Telugu), ZPHS Kodurupadu, Nellore rural Mandal, SPSR Nellore District.

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B.V. Murali Sarma, S/o. Venkata Subbaiah, Aged 48 years, School Assistant (Telugu), MPUP School, Naidupalam, Kodavaluru Mandal, SPSR Nellore District.

Y.Chinnaiah, S/o. Venkataiah, aged 47 Years, School Assistant (Telugu), MPP UP School, Nidimusali, Indukurpeta Mandal, SPSR Nellore District.

Shaik Karimulla, S/o. Shaik Kudbi Saheb, Aged 45 years, School Assistant (Telugu), MPUP School, Kondlapudi, Nellore Rural Mandal, SPSR Nellore District.

A.Ramesh Kumar, S/o. Jaggaiah, aged 48 Years, School Assistant (Telugu), ZPHS Pottepalem, Nellore Mandal, SPSR Nellore Dist.

M.Krishna Kumari, D/o. Radhakrishnaiah, aged 49 years, School Assistant (Telugu), MPUP School, Kalivela Pallem, Nellore Rural Mandal, SPSR Nellore District.

A.Sreenivasulu, S/O. Ramanaiah, aged 52 Years, School Assistant (Telugu), ZPP High School, Damavamadugu, Buchireddy Palem Mandal, SPSR Nellore District.

Shaik Ujma Banu, S/O. Shaik Fakar Ahmed, Aged 42 years, School Assistant (Hindi), M.P.U.P. School, Sanampudi village, Singarayakonda Mandal, Prakasam District.

B.Ganesh, S/o. Subramanyam, aged 38 Years, School Assistant (Telugu), Z.P.H.S., Thummalagunta, Tirupathi Rural Mandal, Chittoor District.

Sankar Naick, S/o. Gopi Naick, aged 45 Years, School Assistant (Telugu), Z.P.H.S., M.R. Pally, Tirupathi, Chittoor District.

T.Chengal Rayulu, S/o. Kuppaiah, aged 53 Years, School Assistant (Telugu), M.P.U.P. School, Thanapalli, Tirupathi Rural Mandal, Chittoor District.

B.Kalavathi, D/o. Krishnaiah, aged about

41 years, School Assistant (Hindi), M.P.U.P. School, Thanapalle, Tirupathi Rural Mandal, Chittoor District. _o

44, Ch.Gurunadham, S/o. Narasaian, aged 53 Years, School Assistant (Telugu), M.P.U.P.S. Narukur, T.P. Gudur, SPSR Neliore Dist.

45. Raya Padmavathi, D/o. Veeraiah, aged 54 Years, School Assistant (Telugu), Z.P.H.S., Layguntapadu, Kovvur Mandal, Nellore Dist.

46. Aluru Subhashini, D/o. Narasimhaiah, aged 50 years, School Assistant (Telugu), M.P.U.P. School, South Amuluru, T.P. Gudur Mandal, SPSR Nellore District.

47. Ch.Sasikala, D/o. Jayaramaiah, aged 43 Years, School Assistant (Telugu), M.P.U.P. School, Krisnnapuram, Indukurpeta Mandal, SPSR Nellore District.

48. N.Neeraja, D/o. Ramaiah, aged 40 years, School assistant (Telugu), Z.P.H. School, Gangapatnam, Indukurpeta Mandal, SPSR Nellore District.

49, ).Bhaskaraiah, S/o. Sreeramulu, aged 43 Years, School Assistant (Telugu), M.P.U.P. School, Ramannapalem, Kodavalur Mandal, SPSR Nellore District.

50. SK. Aliya, S/o. SK. Ibranim, aged 27 years, School Assistant (Telugu), Z.P.H.S., Mudivarthi, Vidavalur Mandal, Nellore District.

51. P.Thejaswini D/o. Sankaraiah, aged 36 years, School Assistant (Telugu), M.P.U.P. School, Budanam, Chillakur Mandal, Nellore District.

52. G.Uma Maheswara Rao, S/o. Parandhamaiah, Aged 40 years, School Assistant (Telugu), M.P.U.P. School, Cherukumudi, Manubolu Mandal, SPSR Nellore District.

53. Y.Jayanthamma, D/o. Ramanaiah, aged 52 Years, School Assistant (Hindi), M.P.P.U.P. School, Peduru, T.P. Gudur Mandal,

SPSR Nellore District.

54, A.Kalavathy, D/o. Venkateswarlu, aged 49 Years, School Assistant (Hindi), M.P.U.P.S., Unuguntapalem, Kota Mandal, Nellore Dist. _-

55.

Ch. Jyothi, D/o. Vasanth Kumar, aged 42 Years, School Assistant (Hindi), M.P.U.P.S.,

Chatagotla, Podalakur Mandal, Nellore District.

56. R.V. Ranga Rao, S/o. Venkata Subba Rao,

aged 50 years, Schoo! Assistant (Hindi), M.P.U.P. School, Ramannapalem, Kodavalur Mandal, SPSR Nellore District.

57. Y.Ravi Kumar, S/o. Swaminathamu,

School Assistant (Telugu), Z.P. High School, Settivaripalli, Mydhukur Mandal, Kadapa District.

58. s'Rajeswari, D/o. Arogya Swami,

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School Assistant (Telugu), Z.P. High School (Urdu), Mydhukur, Kadapa District.

M.Vijaya Kumar, S/o. Prakasham, aged 41 years, School Assistant ((Telugu), Z.P.H.S., Chinnakesampalli village, Badvel Mandal, Kadapa District.

AND

_ State of Andhra Pradesh, represented by

Its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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

Anjaneya Towers, Road No. 7/104, Ibrahimpatnam, Krishna District.

_ The District Educational officer, Guntur,

Guntur District.

_ The District Educational officer,

Prakasam District at Ongole.

_ The District Educational officer,

SPSR Nellore District, Nellore.

_ The District Educational officer,

YSR Kadapa District, kadapa.

_ The District Educational officer,

Chittoor, Chittoor District.

Petitioners

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action the 2°¢ respondent in proposing to transfer the School Assistants including the petitioners herein who were promoted and posted to the present places during 2019 though they have not completed minimum period of 2 years in their present places in the light of G.O.Ms.No.54, dated 12-10-2020 by showing their places of working as vacancies vide Proc.Rc.No.13029/11/2020-EST 3, dated 8-1-2021 and the connected proceedings Ro.No.13029/11/2020-EST 3, dated 14-1-2021 as illegal, arbitrary, unjust and violative of norms prescribed by the Government for transfers and set-aside the same and consequently direct the 2nd respondent to conduct transfer counseling strictly in terms of G.O.Ms.No.54, dated 12-10-2020 and not to effect the transfer of the petitioners from the present places . ----

IA NO: 1 OF 2021 ~~ a"

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 grant interim stay of all further proceedings in respect of petitioners are concerned pursuant to impugned Proc.Rc.No.13029/11/2020-EST 3, dated 8-1-2021 and the connected proceedings Rc No.13029/1I/2020-EST 3, dated 44-1-2021 issued by the ane respondent, pending disposal of WP 1573 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 SURYA RAOQ- Advocate for the Petitioners, and GP FOR EDUCATION for the Respondents, the Court made the following. ~

ORDER:

"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 Rco.No.13029/1 1/2020- 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."..~

assisTyy IITRUE COPY//

For, SECTION OFFICER _ To,

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

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

The District Educational Officer, Guntur, Guntur District.'

The District Educational Officer, Prakasam District at Ongole.

The District Educational Officer, SPSR Nellore District, Nellore.

The District Educational Officer, YSR Kadapa District, kadapa.

The District Educational Officer, Chittoor, Chittoor District. (Addresses 1 to 7 by RPAD)

8. One CC to SRI A SURYA RAO Advocate [OPUC] ----~

9. Two CCs to GP FOR EDUCATION, High Court of Andhra Pradesh. [OUT}--

10.One spare copy