Medam Subbarayudu Vs the State of Ap

MEDAM SUBBARAYUDU, S/O M.SANKARAIAH, AGED 53 YEARS, OCC SCHOOL ASSISTANT (MATHS), R/O. D.NO.81/2-5402, RAGHAVENDRA NAGAR, NEAR ITC KALLUR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH

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...PETITIONER

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AND

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THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, IBRAHIMPATNAM, KRISHNA DISTRICT ANDHRA PRADESH.

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THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL DISTRICT.

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT

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...RESPONDENT(S):

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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 a writ or order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in not considering/including the name of the petitioner in the Seniority list of School Assistants and Equivalent Cadres for promotions as Headmaster Grade-II - Government Management - Kurnool District on par with similarly appointed candidates and further not considering the petitioner's service from 07.09.1995 to 31.12.1996 for promotion, despite off repeated representations and requests made by the petitioner as highly illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice, Rules of Law and violative of Article 14, 16 and 21 of the Constitution of India and further violative of the procedure contemplated under Rule 33 of Andhra Pradesh State and Subordinate Service Rules, 1996, consequentially direct the respondents herein to consider the include the name of the petitioner in the Seniority list of School Assistants and Equivalent Cadres for promotions as Headmaster Grade-II - Government Management - Kurnool District on par with similarly appointed candidates by considering the petitioner's representation dated 15.06.2023 and to pass such other order.

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IA NO: 1 OF 2023

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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 respondents herein to consider the petitioner's representation dated 15.06.2023 for including his name in the "Seniority list of School Assistants and Equivalent Cadres for promotions as Headmaster Grade-II -Government Management — Kurnool District" pending disposal of the above writ petition and to pass such other order.

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Counsel for the Petitioner:

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1.OMKAR D

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Counsel for the Respondent(S):

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1.GP FOR SERVICES III

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The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.18593 of 2023

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ORDER:

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The present Writ Petition is filed questioning the action of Respondents in not including the name of Petitioner in the “Seniority list of School Assistants and Equivalent Cadres for promotions as Head Master Grade-II- Government Management – Kurnool District” on par with the similarly situated employees by not considering the period of service of the Petitioner from 07.09.1995 and 31.12.1996, as illegal and arbitrary.

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The brief facts are as follows;

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The Petitioner was appointed as Secondary Grade Teacher (SGT) in Government Tribal Welfare Officer School (G.T.W.S), Ahobilam village, Kurnool District on 02.09.1995 vide Procgs.No.T3/81/91 issued by the District Tribal Welfare Officer. After joining of the Petitioner in service, the Respondent-State issued another notification i.e. D.S.C - 1996 and the Petitioner appeared for the said post and was again selected as Secondary Grade Teacher and was appointed as Teacher in Mandal Parishad Elementary School (M.P.E.S), S. Kottala Village, Pamulapadu Mandal vide Procgs.No.B4/275/96, dated 29.12.1996.

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Subsequently, the Petitioner was promoted in the year 2003 and posted as School Assistant in Z.P.H.S. School, Velpanur, Velgodu, Kurnool District. As the Respondents are not taking into consideration the period of service from 07.09.1995 to 31.12.1996 i.e. the period in which the Petitioner worked as Secondary Grade Teacher in Government Tribal Welfare School (GTWS), Ahobilam Village, the present Writ Petition came to be filed.

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The Respondents filed their Counter Affidavit contending that the Petitioner is not entitled for consideration of his service as he was appointed as Secondary Grade Teacher pursuant to the Notification D.S.C - 1996 through an independent selection process.

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It is also stated that the seniority list of the individual would be prepared in accordance with the A.P. Subordinate Service Rules, 1996 and the service of the Petitioner for the period as sought by him cannot be considered.

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Having heard the learned counsel for the Petitioner, the initial appointment of the Petitioner in the year 1995 was in the Department of Government Tribal Welfare School and the Petitioner had joined the present posting pursuant to the D.S.C - 1996 Notification through an independent selection process.

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It is to be noted that the appointing authority and the Service Rules governing the respective posts are independent and the question of period of service of the Petitioner from 07.09.1995 to 31.12.1996 cannot be considered. Further, the Rule 33 of A.P. Subordinate Service Rules, 1996 speaks of fixation of seniority with effect from the date of his appointment in the service.

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In the present case, the Petitioner was admittedly appointed on 31.12.1996 and the said date alone can be taken into consideration for fixation of seniority. Secondly, the issue with regard to consideration of his erstwhile service from 07.09.1995 to 31.12.1996 cannot be considered after a lapse of nearly 30 years from the date of cause of action.

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