V Naveen Kumar vs The State Of Ap
2022 Latest Caselaw 7769 AP

        HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: W.P.No.32997 of 2022

                                PROCEEDING SHEET

Sl.                                                                                   OFFICE
        DATE                                  ORDER
No.                                                                                    NOTE
      12.10.2022 Dr.KMR,J
                                    W.P.No.32997 of 2022

                           Notice before admission.

                           For filing counter, post the matter on 16.11.2022.

                                                                     ____________
                                                                      Dr. KMR,J
                                        I.A.No.1 of 2022

                           Heard both the counsels.

                           Learned counsel for the petitioner submits that
                the       2nd    respondent   has   issued    proceedings     vide

Rc.No.ESE02-14028/1/2022-E-VI, dated 06.10.2022, wherein, item No.1, it is stated that "the 2nd respondent has stated that to prepare Seniority lists duly following the guidelines already issued with a rider to take into consideration merit cum roster followed at the time of initial selections", which is contrary to the judgment of Hon'ble Supreme Court reported in Manoj Parihar and others Versus State of Jammu & Kashmir and others {(2022 SCC OnLine SC 782)}.

On the other hand, learned Government Pleader has placed written instructions received from the District Educational Officer, Srikakulam-4th respondent, vide Lr.Rc.No.11046/Ser-III(A3)/2010, dated 12.10.2022, wherein, some instructions have stated, as under:

• While taken up the promotion to the post of School Assistant and equivalent cadres from the eligible feedor categories;

• During the promotion the DEO, Srikakulam is considering only provisions of AP State Subordinate services rule 1996 only;

• Following the rule of reservation for promotions;

• Particularly the seniority for next promotion cadre will be considered as per their marks/ rank in the concerned DSCs in respect of the Direct Recruitees and date of regularization of services in respect of the promotes, without prejudice to the rights of their seniors if any;

• We are taking up SC, ST, PHC reserved categories only as per the rule of reservations but not for the un- reserved category i.e., BC & OC

Considering the submissions made by both the learned counsels, this Court is of the opinion, in the interest of justice, inclined to grant interim direction.

Accordingly, the respondents may go on to take further steps without taking into consideration of the instruction of Item No.1, till 16.11.2022, to the extent of the petitioners.

____________ Dr. KMR,J

Note : C.C. today (b/o) Gvl