Andhra Pradesh High Court - Amravati
V Anil Kumar vs The State Of Andhra Pradesh on 22 November, 2024
APHC010519382024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY SECOND DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 26958/2024
Between:
V Anil Kumar and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. SRINIVASA RAO MADIRAJU
Counsel for the Respondent(S):
1. GP FOR SERVICES III
The Court made the following interim order:
Petitioners were initially appointed as Language Pundits
(Telugu/Urdu/Hindi) in different schools in Kadapa Municipal Corporation. The
post of Language Pundit was upgraded to School Assistant vide
G.O.Ms.No.82 Finance (HR.II) Department, dated 16.05.2017 (Ex.P.8). All the
petitioners, as seen from Ex.P.1 were promoted to the post of School
Assistants.
Some of the Secondary Grade Teachers filed W.P.Nos.12505, 12344
and 12509 of 2019 to declare the action of the respondents in not filling up the
posts of School Assistants (Telugu/Urdu/Hindi) existing as on 10.10.2017. The
said writ petitions were disposed of by a common order dated 03.09.2019,
which reads as under:
"In view of the above, this Court deems it fit to dispose of the writ
petitions directing the respondents herein to consider the case of
the petitioners for promotion to the post of School Assistants,
Telugu, Hindi and Urdu in the vacancies that arose as on
10.10.2017, if they are eligible and qualified, as per pre-amended
Rules..."
Learned counsel for the petitioners would submit that one of the
petitioners herein along with others filed W.A.Nos.358, 359 and 360 of 2019.
Those Writ Appeals were disposed of by a common judgment dated
27.06.2022. The Hon'ble Division Bench disposed of all the writ appeals by
following the earlier order passed in writ appeals observed as under:
"In that view of the matter, it is suffice to observe that in any case,
while considering the cases of the writ petitioners, an opportunity of
hearing may be granted to the writ appellant in case the respondent
authorities are of the opinion that, without reverting the writ
appellant, the order of this Court for consideration of the cases of
the writ petitioners for promotion cannot be implemented. The
direction as issued by the learned Single Judge, shall be complied
with by the respondent authorities within a period of three months
from the date of receipt of copy of this order".
Individual show cause notices were issued to the petitioners dated
26.07.2024. The petitioners by reply dated 30.07.2024 (Ex.P.2) requested the
authorities to furnish certain documents. By proceedings impugned Ex.P.3
vide Rc.No.577846/A3/2024, dated 13.11.2024 the petitioners were reverted
as Language Pundits Grade-II with immediate effect.
The Language Pundit post was upgraded as School Assistant vide
G.O.Ms.No.82 Finance (HR.II) Department, dated 16.05.2017 and all the
petitioners, as seen from Ex.P.1 were promoted to the post of School
Assistant. Since the Language Pundit post was upgraded, reverting the
petitioners to the post of Language Pundit Grade-II does not arise.
Given the facts and circumstances of the case, the proceedings
impugned Ex.P.3 vide Rc.No.577846/A3/2024, dated 13.11.2024 in respect of
the petitioners, are liable to be suspended.
Accordingly, the proceedings impugned Ex.P.3 vide
Rc.No.577846/A3/2024, dated 13.11.2024 are hereby suspended.
List the matter along with W.P.No.22021 of 2024.
_________________________
SUBBA REDDY SATTI, J
Date: 22.11.2024
KA
