Mukkamala Deepak Kumar Vs The State of Andhra Pradesh

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 a Writ, Order or Direction more particularly^{oneinthenature} of WRIT OF MANDAMUS, declaring the action of the 2"^^ respondent in not considering the representations dt.5-1-2023 and 12-9-2022 for retransfer the petitioner to his native zone from the respondent college through proceedings Rc.No.91/OP.1/2021-93 dt.21-12-2021 in pursuance of absorption of non-teaching ‘ staff by the government vide G.O.Ms.No.42

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dt.10-8-2021 is contrary to G.O.Ms.No.96 dt.8-7-2008 and also contrary to A.P. State Ministerial Service Rules is illegal and arbitrary, violative of principals of natural justice and consequently direct the 2'^'^ respondent to consider the representations dt.5-1-2023 and 12-9-022^forthwith. lA No: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"^^ respondent herein to consider the representation^s5-1-2023and \ 12-9-2022 for reback the posting from 4**^ respondent herein to his native zone/district in pursuance of Rc.No.91/OP.1/2021-93 dt.21-12-2021 proceedings forthwith pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI G.V.S. MEHAR KUMAR

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Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following order:

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APHC010233152023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 12327/2023

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Between;

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1.MUKKAMALA DEEPAK KUMAR, S/0 LATE PATTABHI RAMA RAO, AGED AGBOUT 35 YEARS, JUNIOR ASSISTANT, V.S.R. AND N.V.R COLLEGE, TENALI, GUNTUR DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI

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2.THE COMMISSIONER, DEPARTMENT OF COLLEGE VIJAYAWADA,KRISHNA

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EDUCATION, STATE OF A.P DISTRICT

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3.THE REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGE EDUCATION, STATE OF A.P., GUNTUR,GUNTUR DISTRICT

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4.THE PRINCIPAL, GOVERNMENT DEGREE COLLEGE, GUMMALALAKSHMIPURAM VIZIANAGARAM DISTRICT.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^theHighCourt may be pleased to issue a Writ, Order or Direction^{moreparticularlyone}

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TT

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in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not considering the representations dt.5-1-2023 and 12-9-2022 for retransfer the petitioner to his native^zonefrom the 4th respondent college through proceedings Rc.No.91/OP.1/2021-93 dt.21-12-2021 in pursuance of absorption of non-teaching staff by the government vide G.O.Ms.No.42, dt.10-8-2021 is contrary to G.O.Ms.No.96 dt.8-7-2008 and also contrary to A.P. State Ministerial Service Rules is illegal and arbitrary, violative of principals of natural justice and consequently direct the 2nd respondent to consider the representations dt.5-1-2023 and 12-9-022 forthwith and to pass lA NO: 1 OF 2023 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 2nd respondent herein to consider the representations 5-1-2023 and 12-9-2022 for re back the posting from 4th respondent herein to his native zone/district in pursuance of Rc.No.91/OP.1/2021-93, dt.21-12-2021 proceedings forthwith pending disposal of the above writ petition in the interests of justice.

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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 grant leave to file counter affidavit in W.P. No. 12327 of 2023 in the interest of justice and may be pleased to pass such other order.

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Counsel for the Petitioner:

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1.GVSMEHAR KUMAR

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Counsel for the Respondent(S):

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1.-

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2.GP FOR HIGHER EDUCATION (AP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.12327 of 2023

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ORDER:

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The present Writ Petition is filed aggrieved by the inaction of Respondent No.2 in considering the representations^{dated05.01.2023and} 12.09.2022 for re-transferring the Petitioner to his native zone from Respondent No.4-College in pursuance of absorption of non-teaching staff by the Government vide G.O.Ms.No.42, dated 10.08.2021.

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The facts leading to filing of the present Writ Petition^{areasfollows;} The Petitioner was working as Junior Assistant in V.S.R^& N.V.R. College, Tenali and he was appointed on compassionate^{grounds.Whileso,} Respondent-State has taken a policy decision to takeover all the private Aided Degree and Junior Colleges in the State of Andhra^Pradesh vide G.O.Ms.No.42, dated 10.08.2021. The college in which^the Petitioner was working was taken over by the Government in pursuance of the above mentioned G.O and non-teaching staff of the Petitioner’s college were attached to the Government Degree College, Chebrolu,^{GunturDistrict.}

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Pursuant to the counselling conducted on 13.12.2021^{fornon-teaching} staff by the members of Government Degree College, the Petitioner was posted to Respondent No.4-College vide Proceedings^{Rc.No.91/OP.1/2021-} 144, dated 21.12.2021 without adherence to the A.P. State Ministerial Service Rules as well as G.O.Ms.No.96, dated 09.07.2008.^{ThePetitioner}

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2

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had given two representations on 05.01.2023 and 12.09.2022 seeking for retransferring him to his native district. However, the said applications could not be considered. Hence, the present Writ Petition is filed.

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In the Counter Affidavit filed by the Respondent-State it is stated that due to non-availability of vacancy of Junior Assistant in any Government Degree Colleges in the Guntur District, the case of the Petitioner could not be considered and it is further stated that the Petitioner’s case will be considered as and when vacancy arises as per the seniority of the Petitioner in the said category according to G.O.Rt.No.129 H.E. (CE) Dept dated 01.09.2022.

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Having heard the respective counsels and taking note of the averments at Paragraph No. 14 of the Counter Affidavit filed by the Respondent-State, the Writ Petition is disposed of with the following directions;

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(i) Respondent No.2 is directed to consider the case of the Petitioner for posting in Government Degree Colleges in the erstwhile Guntur District as and when the vacancy arises; (ii) No order as to costs.

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