Disposed

Sri. Cheekatla Venkatrao v. The State of Andhra Pradesh

Andhra Pradesh HC9 Jul 2024WP/13431/2024

Case brief

AI extract

What is this about?

Writ petition challenging delay in salary bill release by Sub Treasury Officer. Court directed school management to submit documents for specific objections and overruled objection regarding finance concurrence for sanctioned posts, disposing the petition without costs.

What did the court decide?

Respondent No.6 directed to submit documents for objections 1, 3, and 4 within one week; 2nd objection overruled; Sub Treasury Officer to consider documents and release bills.

Sri. Cheekatla Venkatrao Vs The State… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI^^^^ WRIT PETITION NO: 13431 OF 2024

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Between:

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Sri. Cheekatia Venkatrao. Occ: School Assistant - Maths, S/o Koteswararao, Aged 38 years. Lock peta, Palakollu, West Godavari District, Andhra Pradesh.

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Kum. Ravi Rinisha Keerthana, Occ: School Assistant - Biology, C/o Vardhanapu Raja Manasseh, Aged 29 years, Subbarao Peta, Opp Arts College, Rajamahendravaram, East Godavari District,Andhra Pradesh

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Smt. Bodde Sri Priya, Occ: School Assistant - Social, W/o Bethu Karunakar, Aged 41 years, Sunnapubattilu Center, Ashok Nagar, Vijayawada Urban, Krishna District, Andhra Pradesh.

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Sri. P. Veera Venkata Dakshina Murthy, Occ: Grade-I -Telugu Pandit S/o Venkateswarlu, Aged 37 years, Lalitha Nagar First Street, Vinayaka temple, Rajahmundry, East Godavari District, Andhra Pradesh.

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Kum. Kama Bhagya Rekha, Occ. Grade-I - Hindi Pandit D/o Balaji, Aged 27 years, Surya Colony, Opp Library, Jinnuru, West Godavari District Andhra Pradesh.

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Smt. Rajanala Annapurna, Occ: Secondaiy Grade Teacher W/o Chinnam Jayasekhar Babu Aged 36 years. Municipal Corporation, Beside BEM High School Rajahmundiy, East Godavari District Andhra Pradesh.

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Sri. Bavirisetti Siva Kumar, Occ. Physical Education Teacher S/o Venkata Ramana Rao Aged 33 years, Telaga Veedhi Kotha Palli, Gokavaram, East Godavari District, Andhra Pradesh.

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Kum. Nethala Devi Satya Gowri, Occ: Secondary Grade Teacher D/o Raghavarao, Aged 26 years. Lakupeta, Ward 21, Palakollu, West Godavari District, Andhra Pradesh.

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Sri. Salanti Madhusudhana Rao, Qcc: Secondary Grade Teacher S/o Shadack, Aged 40 years, Guruvaipatem, Ramireddy nagar, Kalidindi Krishna District. Andhra Pradesh.

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Sri. Balasa Appanna, Occ; Secondaiy Grade Teacher S/o Siva Prasada Rao, Aged. 36 years, Telaga Street, Kothapalli Gokavaram, East Godavari District, Andhra Pradesh.

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...PETITIONERS

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AND

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The State of Andhra Pradesh. Rep by its Special Principal Secretary. School Education Department, 4*'’ Block, I Floor, Tulluru Secretariat Buildings Velagapudi, Guntur District.

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The Commissioner of School Education, Government of Andhra Pradesh Venkatadri Towers opp. DGP Office Besides Happy Resorts Atmakur. Mangalagiri, Guntur Andhra Pradesh.

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The Regional Joint Director of School Education O/o District Educational Office, Main Road, Kakinada District (Erstwhile East Godavari District

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District Educational Officer, O/o District Educational Office, Eluru

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Rajamundry Road, Bhimadolu, Bhimadole, Andhra Pradesh 534425

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Sub Treasury Officer, Treasury office Near Saibaba Temple Kothapeta Palakol West Godavari District Andhra Pradesh.

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PLK Aided High School, Rep by its Correspondent, Palakol , West Godavari District, Andhra Pradesh

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...RESPONDENTS

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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 more in the nature of Writ of th Mandamus declaring the action of the Respondents more particularly the 5

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Respondent Sub Treasury Officer in not releasing the salary bills of the Petitioner.forwarded by the 6**^ Respondent institution on trivial objection that the “Finance Concurrence” has not been obtained in respect of the same as being arbitrary, illegal and violative of Articles ,14 and 19 (1) (g) of the Constitution of jndia and against the principles of natural justice gnd consequently direct the 5**^ Respondent to forthwith release the salary bills of the Petitioners and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case.

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lA NO: 1 OF 2024

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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 direct the Respondent, STO to forthwith process the salary bills in respect of the Petitioners, which bills have been forwarded by the 6 th Respondent Correspondent, pending Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRI MATHUKUMILLI SRI VIJAY

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Counsel for the Respondent Nos.1 to 4: SRI ASIF, AGP^FORSCHOOL

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EDUCATION

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Counsel for the Respondent No.5: AGP FOR SERVICES I

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Counsel for the Respondent No.6: ---

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.13431 OF 2024

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Between:

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Sri Cheekatia Venkatarao, S/o Koteswara Rao, Occ: School Assistant - Maths, Aged 38 years,’ Lock peta, Palakollu, West Godavari District,’ Andhra Pradesh and nine others.

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... Petitioners And The State of Andhra Pradesh, rep by its Special Principal Secretary, School Education Department, Block I Floor, Tulluru, Secretariat Buildings, Velagapudi Guntur District and five others. ... Respondents Counsel for the petitioners : Sri M.Srivijay Counsel for respondents : GP for Services -1 and GP for School Education

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ORDER

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The above writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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“...to issue an appropriate writ more in the hature of Writ of Mandamus declaring the action of the Respondents more particularly the 5'^ Respondent Sub Treasury releasing the salary bills of the Petitioner forwarded by the 6''' Respondent institution on trivial objection that the “Finance Concurrence” has not been obtained in respect of the same as being arbitrary, illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of India and against the principles of natural justice and consequently direct the Respondent to forthwith release the salary^billsofthe Petitioners and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.

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Page 2 of 4

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SRSJ W.P.No.l3431 of2023

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Heard Sri M.Srivijay, learned counsel for the petitioners and Sri Asif, learned Assistant Government Pleader for School Education appearing for respondent Nos.1 to 4 and learned Assistant Government Pleader for Services -1 appearing for respondent No.5.

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Learned counsel for the petitioners would, submit that the petitioners have been working in respondent No.6 School in sanctioned aided vacancies. They were appointed pursuant to the orders passed by respondent Nos.3 & 4 dated 11.01.2024 and 12.01.2024 respectively. The salary bills uploaded, were returned by respondent No.5 with certain objections. He also would submit that in respect of objection Nos.1. 3 & 4. the management of respondent No.6 will submit the relevant documents. In respect of 2"^^ objection, finance concurrence is not required in view of fact that petitioners were appointed against the sanctioned posts. In respect of S'" objection, learned counsel would submit that petitioners were appointed for the first time and hence, submission of late drawn certificate does not arise.

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Sri Asif. learned Assistant Government Pleader for School Education would submit that petitioners were appointed against sanctioned post and finance concurrence is not required.

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Given the submissions made by learned counsel appearing on _gither side, the Writ Petition is disposed of at the state of admission

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Page 3 of 4

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SRS, J W.P.No.13431 of 2023

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with the consent of both the learned counsel, directing the respondent No.6 to submit relevant documents and material as per^1®‘, S'"* and 4 th objections within a period of one (01) week. If the^{documentswere} submitted, respondent No.5 shall consider the same and pass appropriate order and release the salary bills to the^petitioners.

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In view of submission made by learned Assistant Government Pleader that petitioners’ posts were sanctioned posts^and no finance concurrence is required, the 2 nd objection is overruled. In view of submission made by learned counsel for the petitioner^{thatpetitioners’} There were appointed for the first time, the objection is overruled. shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shell stand closed.

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SD/- M. SRINIVAS ASSISTANT. REGISTER

//TRUE COPY//

SE N OFFICER

To,

The Special Principal Secretary School Education^{Department,Stateof} Andhra Pradesh, 4 th Block, I Floor, Tulluru, Secretariat Buildings Velagapudi, Guntur District.

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The Commissioner of School Education, Government^ofAndhra

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Pradesh Venkatadri Towers, opp. DGP Office Besides^HappyResorts Atmakur, Mangalagiri, Guntur Andhra Pradesh.

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The Regional Joint Director of School Education,^O/oDistrict Educational Office, Main Road, Kakinada District (Erstwhile^East Godavari District

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District Educational Officer, O/o District Educational^Office,Eluru

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Rajamundry Road, Bhimadolu, Bhimadole, Andhra Pradesh⁵³⁴⁴²⁵

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Sub Treasury OfficOr, Treasury office Near Saibaba^{TempleKothapeta} Palakol West Godavari District Andhra Pradesh.

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The Correspondent, PLK Aided High School, Palakol,^WestGodavari District, Andhra Pradesh

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One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC]

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Two CCs to GP for Services-1 , High Court of Andhra Pradesh. [OUT]

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Two CC’s to GP for School Education, High Court^ofA.P.at

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Amaravati[OUT]

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Three CD Copies.

ssb

HIGH COURT

DATED: 10/07/2024

|5 2 6 JUL 202^ 'I
S^CuTOntSecllon . ^

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ORDER

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WP.No.13431 of 2024

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DISPOSING OF THE W.P. WITHOUT COSTS

Sri. Cheekatla Venkatrao v. The State of Andhra Pradesh

Case brief

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Sri. Cheekatla Venkatrao v. The State of Andhra Pradesh

Case brief

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