Andhra Pradesh High Court - Amravati
Between vs Govt. Of A.P on 17 October, 2024
APHC010338812024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
THURSDAY,THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 17299/2024
Between:
Aided Upper Primary School ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. DEVI PRASAD MANGALAPURI
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2. GP FOR FINANCE PLANNING
The Court made the following order:-
This writ petition is filed under Article 226 of the Constitution of
India seeking the following relief:
"...to issue any appropriate writ, order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of the
respondents in not releasing the arrears of maintenance grant at the
rate 6% on the teaching grant payable to the petitioners school in
accordance with law in terms of judgment rendered by the Hon'ble
High court in recognized school management Association, A.P Vs
Govt. of A.P.,Educational Department and another reported in 1997
(3) ALD 40 and judgment in W.P.No.3449 of 2004, dt 30-9-2016 as
illegal, arbitrary and consequently direct the respondents to release
the arrears of maintenance grant payable to the petitioner school as
per the law in accordance with the judgment of this court reported in
1997(3) ALD 40 and the judgment in W.P.No.3449 of 2003, dt 30-
09-2016 and to pass such other order or orders..."
2. The present writ petition is filed aggrieved by the action of the
respondents in not releasing the arrears of maintenance grant @ 6%
on the teaching grant payable to the petitioner's school.
3. Learned Senior Counsel appearing on behalf of the petitioner
submits that the issue in the present writ petition is squarely covered
by the orders by passed by this Court in W.P.No.3449 of 2003 dated
30.09.2016, W.P.No.29769 of 2023 dated 17.11.2023 and
W.P.No.5528 of 2021 dated 09.03.2021.
4. Learned Government Pleader also not refuted the said
submission.
5. Hence, the present writ petition is disposed of in terms of
W.P.No.3449 of 2003 dated 30.09.2016 and the respondents are
directed to release the maintenance grant @ 6% within a period of
three months from the date of receipt of a copy of this order.
6. Registry is directed to attach a copy of the order dated
30.09.2016 passed in W.P.No.3449 of 2003.
7. With the above directions, the Writ Petition is disposed of. There
shall be no order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any,
shall stand closed.
___________________________________
JUSTICE TARLADA RAJASEKHARA RAO
Date: 17.10.2024
KBN
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION NO:17299 of 2024
Date: 17.10.2024
KBN
