Citation : 2025 Latest Caselaw 2231 Tel
Judgement Date : 17 February, 2025
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No.4152 of 2025
ORDER:
This Writ Petition is filed by the petitioner seeking the
following relief:
"...to issue a Writ Order or Orders more particularly one in the nature Writ of Mandamus directing the respondents to grant notional service to the petitioner from 21.1.2002/22.01.2002 in the cadre of School Assistant (Maths) on par with the 1st batch of DSC- 2001 candidates who joined on 21.01.2002/22.01.2002 by extending the benefit of proceedings Rc.No.1405/Ser.III-1/2018 dated 04.01.2020 issued by the 2nd respondent and consequential proceedings dated 15.02.2021 issued by the Competent Authority in respect of similarly situated teachers in terms of judgments of this Hon'ble Court dated 16.04.2018 in WP.No.36811/2013 wherein the judgment of the Hon'ble Tribunal dated 27.02.2013 in OA. No. 193/2012 was upheld with all consequential benefits by holding the action of respondents in not considering the petitioner claim for notional service on par with similarly situated teachers and further not extending the similar benefits of the judgment dated 16.04.2018 in WP. No.36811/2013 read with judgment dt.01.02.2024 in WP. No. 20509/2022 as illegal arbitrary discriminatory and violative of Articles 14, 16 of the constitution of India and pass..."
2. Heard Sri CH. Jagannatha Rao, learned counsel for the
petitioner and learned Government Pleader for School
Education, appearing for respondents.
3. Learned counsel for the petitioner submits that the
present writ petition is squarely covered by an order of this
Court dated 20.02.2024 in W.P.No.4423 of 2024, and prays this
Court to pass a similar order in the present writ petition also.
4. The said submission is not seriously disputed by the
learned Government Pleader for School Education.
5. The relevant portion of the order dated 20.02.2024 in
W.P.No.4423 of 2024 is extracted hereunder:
"5. Having regard to the rival submissions made by the respective parties, the Writ Petition is disposed of directing the respondents to accord notional seniority to the petitioners on par with their batchmates appointed in pursuance to DSC-2001 Notification and joined duty on 21.01.2002."
6. Having regard to the submissions made by the learned
counsel appearing for the respective parties, and for the
reasons alike in the order dated 20.02.2024 in W.P.No.4423 of
2024, the present Writ Petition is disposed of directing the
respondents to accord notional seniority to the petitioner on par
with his batchmates appointed in pursuance to DSC-2001
Notification and joined duty on 21.01.2002. No order as to costs.
As a sequel, miscellaneous applications pending, if any, in
this Writ Petition, shall stand closed.
_____________________________________ NAMAVARAPU RAJESHWAR RAO, J
Date: 17.02.2025 BDR
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