Language Pandits (Hindi) appointed pursuant to court orders sought notional promotion to School Assistants (Hindi) on par with DSC-2002 candidates. The writ petition was disposed of at admission stage directing respondents to decide their representations as per law within eight weeks.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 19637 OF 2024
Between:
MPUP School, Narayanapuram,
Mandasa Mandal, Srikakulam District.
Srikakulam District.
Aged about 45 Years, Occ: Language Pandit (Hindi), MPUP School, Jagannadhapuram, Ichapuram Mandal, Srikakulam District.
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Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or directionmoreparticularly one in the nature of WRIT OF MANDAMUS declaring theaction of the respondents in not considering and disposing of therepresentationsdated 24-07-2024, 23-07-2024 and 31-07-2024 made by the petitioners for notional promotion to the cadre of School Assistants(Hindi)onparwith DSC-2002 candidates, to fix their seniority notionally in the said cadre as per Rule 33 (b) and 36 (1) of A.P. State and SubordinateRules,1996and also to fix their pay as per Fundamental Rules 26 (aa)with effect from November, 2019 is illegal, arbitrary and violativeofArticles14,16and21of the Constitution of India and consequently direct the respondents to consider the notional promotion of the petitionersalongwithseniorityinthe cadre of School Assistant (Hindi) as per Rule 33 (b)and36(1)ofA.P.State and Subordinate Rules, 1996 and fix their pay as per FR 26 (aa) on par with their juniors with all consequential benefits.
lA NO: 1 OF 2024
c tion CPC oraving that in the circumstances Petition under Section 151 CPC P V 9 court may be stated in the affidavit filed in suppo consider and dispose of the pleased to direct the '^®®P°24®23.07-2024 and 31-07-2024madebythe representation dated 24-07 , School Assistants (Hindi) petitioners for notional promotion to th ® ^ notionallyinthesaid
Counsel for the Petitioners; SMT. KAViTHA GOTTIPATI
Counsel for the Respondent Nos. 1 to 5: ASST.GP FOR SERVICES III
The Court made the following; ORDER
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APHC010383462024
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3331]
(Special Original Jurisdiction)
MONDAY THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 19637/2024
Between:
Saripalli Kiran Kumar and 44 others
...PETITIONER{S)
AND
The State of Andhra Pradesh and 4 others. ...RESPONDENT{S)
Counsel for the Petitioner(S):
1.KAVITHA GOTTIPATI
Counsel for the Respondent(S):
1.GP FOR SERVICES III
The Court made the following ORDER:
The writ petition is filed to declare the action of the respondents in not considering and disposing of the representations dated 24.07.2024, 23.07.2024 and 31.07.2024 made by the petitioners for notional promotion to the cadre of School Assistants (Hindi) on par withDSC-2002candidatesand to fix their seniority notionally in the said cadre as per Rule 33(b) and 36(1) of
Page 2 of 4
SRS,J < Wp_19637_2024
A.P. State and Subordinate Rules, 1996 and also to fix their pay as per Fundamental Rules 26(aa) with effect from November,2019asillegaland arbitrary.
- Heard Smt.Kavita Gottipati, learned counsel for thepetitioners,andSri R.S.Manidhar Pingali, learned Assistant GovernmentPleaderforServices appearing for the respondents.
- Learned counsel for the petitioners would submit thatthepetitioners have applied for the post of Language Pandits (Hindi)inpursuanceofthe Notification DSC-2002. Despite the petitioners securing more marks and qualified, as per the merit list, they were not given appointments. The petitioners and others filed OA No. 12041 of 2009 andbatchandthesame
were disposed of on 24.08.2010. Thereafter, the 3'"^ respondentappointedthe petitioners as Language Pandits (Hindi) in 2017-2019.Thepetitionersfiled W.P.No.12731 of 2022 and batch seeking notional seniority as per Rule 33(b) and also to refix their pay etc. The said writ petitionsweredisposedofon different dates. In pursuance of the orders passedbythisCourt,thenotional seniority of the petitioners in the cadre of LanguagePandits(Hindi)isfixedon par with the DSC 2002 candidates. The juniors who were appointed as language Pandits (Hindi) in the year 2002 were promotedtoSchoolAssistants (Hindi) in the year 2019. Hence, the petitioners madetheaforementioned
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Page 3 of 4
SRS, J Wp_19637_2024
representations claiming notional promotion and also to fix their seniority, Since the representations are not considered, the above writ petition is filed. 4. Learned Assistant Government Pleader for Services would submit that the 2 respondent will look into the representations and pass appropriate orders as per law. Learned counsel for the petitioners endorses the same. 5. Given the facts and circumstances of the case, without going into the merits of the matter, the Writ Petition i is disposed of, at the admission stage. with the consent of learned counsel on either side directing the respondents to consider the representations made by the petitioners dated 23.07.2024, 24.07.2024 and 31.07.2024 and pass appropriate orders strictly as per law within eight weeks from the date of receipt of copy of the order. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
To,
//TRUE COPY//
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR
SECTION OFFICER
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HIGH COURT
DATEO:09/09/2024
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ORDER
WP.No.19637of 2024
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DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS
1 issue framed by the court
Whether the respondents must consider the petitioners' representations seeking notional promotion to School Assistants (Hindi) on par with DSC-2002 candidates with seniority and pay refixation?
4 provisions across 4 enactments
Saripalli Kiran Kumar and 44 others
The State of Andhra Pradesh
The Commissioner of School Education, A.P.
The District Educational Officer Srikakulam District
The District Educational Officer Parvathipuram Manyam District
The District Educational Officer Vizianagaram District
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
