Marada Shankar Rao, v. The State of Andhra Pradesh, rep. by its Principal

Andhra Pradesh HC21 Aug 2024WP/32312/2015

Case brief

AI extract

What is this about?

The High Court closed a Writ Petition filed by a school teacher challenging the imposition of a 'no pay protection' condition for his earlier service. The Court noted the petitioner's repatriation and subsequent withdrawal of the pay protection claim, holding that no cause survived.

What did the court decide?

Petitioner's Writ Petition closed. No order as to costs.

Marada Shankar Rao, Vs The State of… — 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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THURSDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 32312 OF 2015 (

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Between:

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Marada Shankar Rao, S/o Jaggu Naidu, Hindu, 33 years, P.G. Teacher (English), A.P. Model School, Ayyappa Nagar, Vijayanagaram, Vijayanagaram District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, rep. by its Principal, Secretary, School Education, Secretariat Buildings, Hyderabad.

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The Commissioner of School Education, & Ex. Officio Project Director, Madhyamika Shiksha Abhiyan (R.M.S.A) / Andhra Pradesh^Model School (A.P.M.S), Hyderabad.

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The Director, R.M.S.A/Additional Director, A.P. Model Schools Hyderabad.

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The District Educational Officer/District Coordinator, RMSA/APMS, Vijayanagaram District

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The Principal, A.P. Model School, Ayyappa Nagar, Vijayanagaram, Vijayanagaram District.

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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, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the proceedings Rc.No.326/B1/Model School/RMSA/2013 dated 21.10.2014 in so for as imposing^thecondition •No.iv “no pay protection shall be allowed for any^{earlierserviceshown"} while appointing the petitioner as Post Graduate Teacher (English) as illegal, improper, unjust, arbitrary and contrary to Rule 22 (a) (iv) of Fundamental Rules and further direct the respondents to protect the petitioners pay for the earlier service.

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I.A. NO: 1 OF 2015(WPMP. NO: 41752 OF 2015)

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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 direct the respondents to protect the petitioners pay for his earlier service as School Assistant pending disposal of the^{WritPetition.}

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Counsel for the Petitioner(s): SRI MAHADEVA KANTHRIGALA

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Counsel for the Respondents : GP FOR SCHOOL EDUCATION

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The Court made the following : ORDER

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APHC010767292015

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[3333]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 32312/2015

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Between:

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Marada Shankar Rao, ...PETITIONER

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AND

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The State Of Andhra Pradesh Rep By Its Principal and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.MAHADEVA KANTHRIGALA

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION (AP)

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The Court made the following:

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ORDER:

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Present Writ Petition is filed seeking to declare the action of the 3 rd respondent in issuing the proceedings Rc.No.326/B1/Model School/RMSA/2013 dated 21.10.2014 in so far as imposing the condition No.iv, “no pay protection shall be allowed for any earlier service shown’’, while appointing the petitioner as Post Graduate Teacher (English) as illegal and arbitrary/

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Today when the matter is taken up for hearing, learned Government Pleader for School has produced a copy of instructions of the District Educational Officer Vizianagaram, vide Lrc.Rc.No.7718/B1/2024 dated 08.08.2024^wherein it is stated that pending the present Writ Petition, the individual was repatriated to his parent department as School Assistant, English and joined at ZPHS Godisalapalli D.Hirehal (Mandal), Anantapur District on 20.12.2016 and thereafter he has addressed a letter to his advocate requesting him to^{withdrawthecaseasthere} is no need of pay protection now. Learned Government Pleader also produced a copy of the letter dated 07.08.2024 addressed by the petitioner^{totheDistrictEducational} Officer, informing the same as stated in the instructions. Thereby prayed to close the Writ Petition.

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Recording the same, this Court is of the opinion that^{nocausesurvives} in the Writ Petition and the same is closed accordingly. There shall be no order as to costs.

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

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Sal- K.J.RAJA BABU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CO to SRI MAHADEVA KANTHRIGALA Advocate [OPUC]

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Two CCs to GP for SCHOOL EDUCATION, High Court of^Andhra . -7 Pradesh. [OUT]

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Three CD Copies

Madhu

HIGH COURT

DATED:22/08/2024

ORDER

WP.No.32312 of 2015

OF
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CLOSING THE WP WITHOUT COSTS

Marada Shankar Rao, v. The State of Andhra Pradesh, rep. by its Principal

Case brief

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Marada Shankar Rao, v. The State of Andhra Pradesh, rep. by its Principal

Case brief

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