Chatla Bhagyam Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

Chatla Bhagyam Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Impugned Proceedings Rc.No.2919/A2/2022, dated 11.09.2023 (removal from service) set aside; Petitioner to be reinstated as School Assistant (Special Education) within two months; no salary for the period from the impugned order until reinstatement; that period to be counted for seniority and fixation of pay; no order as to costs; miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the action of Respondent No.5 in issuing Proceedings Rc.No.2919/A2/2022, dated 11.09.2023 removing the Petitioner from service is illegal and arbitrary. +3 more

Court's answer

The impugned Proceedings in Rc.No.2919/A2/2022, dated 11.09.2023 issued by Respondent No.5 are set aside.

Ratio / Principle

The Petitioner had consistently explained that she attended the B.Ed. Course on regular basis by attending classes in the mornings at Coromandel B.Ed., College, Medikonduru and thereafter attended to her duties as I.E. Research Teacher.

Key takeaways

The impugned order did not take note of the shortage of attendance suffered by the Petitioner and the additional fee paid by her, and is bereft of any reasons.ratio¶59
As there is no allegation from the concerned authorities under Sarva Siksha Abhiyan that the Petitioner did not work as I.E. Research Teacher during 2009 to 2019, the weightage given to the Petitioner in the selection process cannot be faulted.ratio¶63
The Petitioner shall be reinstated into service as School Assistant (Special Education) within a period of two months.

Detailed headnote1 paragraphs

Service law - removal from service - School Assistant (Special Education) recruited through DSC under TET-cum-TRT (G.O.Ms.No.24, School Education (Exams) Department, dt.15.02.2019; Notification No.786/TRC-1/2018, dt.15.02.2019) - Petitioner (SC category, 54 marks, 30th rank) posted at ZPHS Rentala, Palnadu District - former IERT under Samagra Shiksha entitled to weightage of 0.5 mark per completed year (maximum 5) - after complaint by Respondent No.7, charged with (i) illegal selection using IERT service weightage and (ii) completing B.Ed. as a regular candidate (Acharya Nagarjuna University) while working as IERT - removed vide Rc.No.2919/A2/2022, dt.11.09.2023 by Respondent No.5 (District Educational Officer, Guntur) - Held: no allegation that the Petitioner did not work as IERT in SSA from 2009 to 2019, hence the weightage cannot be faulted; the impugned order ignored her explanation (morning B.Ed. classes at Coromandel B.Ed. College, Medikonduru; duties discharged as I.E. Research Teacher; additional fee paid for attendance shortage) and is bereft of reasons - Writ allowed: removal set aside; reinstatement within two months; no salary for the interim period; interim period counts for seniority and pay fixation; no costs.

Procedural history

How this case reached the court

AI extract

Order under challenge
Proceedings Rc.No.2919/A2/2022, dated 11.09.2023 issued by Respondent No.5 removing the Petitioner from service¶34
Respondent No.5 - District Educational Officer, Guntur District · 11.09.2023
Prior proceeding
Recruitment framework: G.O.Ms.No.24, School Education (Exams) Department, dated 15.02.2019 framed Rules for TET-cum-TRT to the post of School Assistants (Special Education) under IEDSS; Notification No.786/TRC-1/2018, dated 15.02.2019 invited applications through DSC.¶36
Prior proceeding
Respondent No.7 filed W.P.No.20917 of 2020 before this Court questioning the eligibility and appointment of the Petitioner; the same is pending disposal.¶40
Prior proceeding
On Respondent No.7's complaint that the Petitioner studied B.Ed. as a regular student in 2010-2011 without intimation while attending IERT duties, Respondent No.5 issued a show-cause notice vide Proceedings Rc.No.1382/A4/2022, dated 15.02.2022.¶41
Prior proceeding
Petitioner submitted her explanation to the first show-cause notice on 05.03.2022.¶42
Prior proceeding
Second show-cause notice vide Rc.No.2919/A2/2002, dated 24.06.2022 calling upon the Petitioner to explain why she should not be terminated for alleged illegal selection with IERT service weightage marks; explanation submitted on 05.07.2022.¶44
Prior proceeding
Following Respondent No.7's complaint through 'Spandana' on 16.05.2022, Respondent No.5 issued Proceedings Rc.No.2919/A2/2022, dated 11.08.2022 framing two Articles of Charge.¶45
Prior proceeding
Petitioner submitted her explanation to the charge-memo on 23.08.2022.¶46
Prior proceeding
Without appointing an enquiry officer or giving an opportunity of hearing, the disciplinary authority issued a final show-cause notice vide Rc.No.2919/A2/2022, dated 20.07.2023 as to why the Petitioner shall not be removed from service.¶47
Prior proceeding
Petitioner submitted her explanation to the final show-cause notice on 02.08.2023; without considering the explanations or verifying the material on record, Respondent No.5 issued the impugned removal proceedings dated 11.09.2023.¶50