Y. Manjunath, Vs the State of Ap

¶1

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

¶2

WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

¶3

PRESENT

¶4

THE HON’BLE DR JUSTICE K MANMADHA RAO

¶5

WRIT PETITION NO: 3500 OF 2020

¶6

Between:

¶7

Y. Manjunath, SGTeacher,Age-33 years S/o Y. Thimmarayudu^MPUP School, Nagireddi palli-(v) Bramhasamudram-(m) ,Ananthapuramu-Di^st

¶8

C. Kesava reddy, SG Teacher,Age-45 years S/o C. Bayapa reddy MPUP School, Thimmasamudram-(v) Kalyandurg-(m), AnanthapuramuDist

¶9

D. Kristaiah, SG Teacher,Age-57 years S/o D. Nagappa MPUP^School, Balavenkatapuram(v) Kalyandurg-(m), Ananthapuramu-^Dist

¶10

K. Mailarulinga, SG Teacher,Age-38 years S/o K. Mallikarjuna MPUP School,Thatrakal- (v), Vajrakaruru-(m) Ananthapuramu-Dist

¶11

M. Raghavendra Gupta, SG Teacher,Age-36 years S/o M. Rangaiah MPP School,Kurlagunta-(v), Bramhasamudram-(m) AnanthapuramuDist

¶12

M. Mallikarjuna, SG Teacher, Age- 43 years S/o. M. Narayana MPUP School, Dharmapuri-(v) Dharmavaram-(m),Ananthapuramu^Dist

¶13

M S Siva Shankar Naidu, SG Teacher,Age-40 years S/o M.Gopal Naidu MPP School, Sadulavandia Pallli(v) Gandlapenta (m),Ananthapuramu ^ Dist.

¶14

K. Madhavi, SG Teacher, Age-36 years D/o K. Uttaiah MPP School, Peddannavari Palli (v) Talupula-(m), Ananthapuramu-Dist.

¶15

C. Baya reddy, SG Teacher, Age-39 years S/o C. Narayana reddy MPP School, Kallageri-(v), Gorantla-(m), Ananthapuramu^-Dist

¶16

Vidhya Latha, SG Teacher,Age-35 years D/o T K Kesava reddy MPP School, Mallepalli-(v) Gorantla-(m), Ananthapuramu-Dist.

¶17

R. Sreenivasulu, SG Teacher,Age-38 years S/o R. Ramakrishnaiah MPP School, Balijapeta- (v) Talupula-(m), Ananthapuramu-Dist.

¶18

E. Giri Prasad, SG Teacher,Age-37 years S/o E. Reddeppa MPP Stthool, Venkatagari palem-(v) Penukonda-(m), Ananthapuramu-^Dist

¶19

M S Kumar, SG Teacher,Age-43 years S/o M. Sannamareppa^MPP School, Agraharam-(v) Rolla-(m), Ananthapuramu-Dist

¶20

R. Ramanjaneyulu Naik, SG Teacher,Age-37 years S/o R. Thirupal Naik MPP School, Sangalajv) Battalapalli-(m), Ananthapuramu-Dist

¶21

Y. Prakasam reddy, SG Teacher,Age-32 years S/o Y. Thulasi reddy MPUP School, Peddannavari Palli-(v) Talupuht-(m), AnanthapuramuDist

¶22

K. Thrivikarama Rao, SG Teacher,Age-47 years S/o Nalliah MPP School, Kammalavandia palli-(v) Gorantla-(m), Ananthapuramu-Dist

¶23

Y. Sridevi, SG Teacher,Age-40 years D/o Lakshiminarasamma MPP School, 2nd ward, Gorantla-(v) Gorantla-(m), Ananthapuramu-Dist

¶24

G. Harishavardhana, SG Teacher,Age-36 years. S/o G. Narayana swamy MPUP School Melavoi-(v) Madakasira-{m), AnanthapuramuDist.

¶25

...PETITIONERS

¶26

AND

¶27

The State of AP, represented by its Secretary, School Education Department, Secretariat, Velagapudi. Guntur district.

¶28

The Commissioner, Director of School Education, A.P. Ibrahimpatnam, Vijayawada.

¶29

The District Educational Officer, Ananthapur district, Ananthapur

¶30

...RESPONDENTS

¶31

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 pass orders particularly one in the nature of writ of mandamus declaring the inaction of the respondents on the representation dated 12.12.2019 of the petitioners to confine the promotion to the School Asst (English) at category 5 of class-1 to the candidates possessing English Literature at graduation at par with the language teachers in categories 6 to 16 of the same class as arbitrary, illegal, discriminatory^{andviolativeofArt} 14, 19 and 21 of the Constitution of India and consequently direct the respondents to confine promotions to category 5 teachers of class 1 of

¶32

School Education Service to those who passed graduation in English literature.

¶33

lA NO: 1 OF 2020

¶34

Petition under Section 151 CPC is filed 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 to direct the respondents pass orders on the representation dated 12.12.2019 of the petitioners to amend service rules confining promotion to the qualified teachers at Graduation level pending disposal of the above writ petition.

¶35

lA NO: 2 OF 2023

¶36

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to treat the additional affidavit/^additional material papers as part and parcel of the main writ petition pending disposal the above writ petition.

¶37

Counsel for the Petitioners: SMT. V SESHA KUMARI

¶38

Counsel for the Respondents 1 to 3: GP FOR SERVICES^III

¶39

The Court made the following: ORDER

1

/

APHC010053862020

El'c-

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶45

(Special Original Jurisdiction)

¶46

[3310]

¶47

WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

¶48

PRESENT

¶49

THE HONOURABLE DR JUSTICE K MANMADHA RAO

¶50

WRIT PETITION NO: 3500/2020

¶51

Between:

¶52

Y. Manjunath, and Others

¶53

...PETITIONER(S)

¶54

AND

¶55

The State Of Ap and Others

¶56

...RESPONDENT(S)

¶57

Counsel for the Petitioner(S):

¶58

1.VSESHAKUMARI

¶59

Counsel for the Respondent(S):

¶60

1.GP FOR EDUCATION (AP)

¶61

2.SRIDEVI JAMPANI

¶62

The Court made the following:

¶63

ORDER:

¶64

The Writ Petition is filed under Article 226 of the Constitution of India,

¶65

seeking the following relief;

¶66

“ declaring the inaction of the respondents on the representation dated 12.12.2019 of the petitioners to confine the promotion to the School Assistant (English) at category 5 of class-1 to the candidates possessing English Literature at graduation at par with the language teachers in

¶67

2

¶68

categories 6 to 16 of the same class as arbitrary, illegal, discriminatory and violative of Art. 14, 19 and 21 of the Constitution of India and consequently direct the respondents to confine promotions to category^{5teachersofclass} 1 of School Education Service to those who passed graduation in English literature and grant such other relief as may be deemed just and proper in the circumstances of the case.”

¶69

Facts of the case, in brief, are that the petitioners are working as Secondary Grade Teachers. They all possess graduation in English Literature and B.Ed. with English language. The post of Secondary^{GradeTeacherisa} feeder category for the post of School Assistant in the concerned subject. The petitioners possessing English as specialization in Graduation and B.Ed., are all qualified for appointment/promotion to the post^ofSchool Assistants in English. Government issued service rules vide G.O.Ms.No.12 School Education (Ser.ll) Department, dated 23.01.2009, whereunder column 4 of the table under Rule 5 provides qualifications for all categories of teachers. Thereafter, Government vide G.O.Ms.No.16 Education (Ser.ll) Department, dated 07.02.2015 amended the column 4 in respect of language teachers at categories 6 to 16 of Class 1 of the service, but the English language at category 5 of Class-1, was not amended.

¶70

While so, the petitioners have represented the respondents^toconfine the promotions to the teachers possessing qualification at the degree level as in the case of other language teachers. Though the respondents have taken decision in respect of other languages like Telugu, Hindi, Tamil etc. no decision was taken in respect of English language. The petitioners submitted

3

/ /

f

their representation on 12.12.2019 after the respondents issued G.O.Ms.No.77, dated 30.10.2019 upgrading the language teachers directly as School Assistants. Further stated that the respondents are taking up promotions every month to fill up the vacancies. Hence,^{thepresentwrit} petition is filed.

¶75

This Court vide order dated 11.05.2023 has granted interim order, which reads as under:

¶76

‘Status quo shall be maintained by both the parties^for a period of two (2) months.

¶77

On the other hand, the 3 respondent filed counter along^withvacate stay petition. While denying the contents of the writ^{petition,hestatedthat,} the petitioners never raised objection or submitted representation^to confine the promotion for Secondary Grade Teachers possessing B.A. literature in graduation and English as Methodology in B.Ed. Further^stated that the Government again issued G.O.Ms.No.77, dated 30.10.2019^{dulyupgrading} the post of Language pundits as School Assistants and^{promotingtheSGTs} and Language Pandits as School Assistants, who are^{havingTelugu,Urdu,} Kannada, Oriya, Marathi, Bangla, Sanskrit or Arabic,^asLanguage. Then also, the petitioners have not raised any objection. The petitioners made representation on 12.12.2019 to the respondents 1 and^{2claimingthatthey} have been representing to confine promotion to teachers possessing at Degree level. The petitioners have not filed any kind^{ofappealchallengingthe}

¶78

\

¶79

4

¶80

promotion rules and G.Os. The petitioners would have acquired the prescribed qualification to get promoted as School^Assistants. Further stated that on -examination of qualification possessed by the petitioners, the petitioners are not entitled for promotion as School Assistants as per G.Os. in force since their appointment. Hence, sought for dismissal of the writ petition.

¶81

Heard Mrs.V.Sesha Kumari, learned counsel for the petitioners and learned Assistant Government Pleader for Services-lll, appearing for the respondents 1 to 3.

¶82

Perused the material available on record.

¶83

On hearing the submissions made by both learned counsels, it appears that the petitioners have submitted a representation^{dated12.12.2019tothe} 1®' respondent and it is pending before the 1®^ respondent. Though the 3 rd respondent has filed counter, he did not state anything with regard to disposal of the representation.

¶84

So, in view of the same, this Court feels it appropriate to dispose of the writ petition, without touching the merits of the case, directing the 1 St respondent to dispose of the representation dated 12.12.2019 submitted by the petitioners, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. Till such time, the respondents are directed not to effect any promotions in this regard.

tv—.

5

/

With the above observation, the Writ Petition is disposed^of. There shall be no order as to costs.

¶89

As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Education Department, Secretariat, Velagapudi. 1. The Secretary, School Guntur district. Director of School Education, A.P. Ibrahimpatnam 2. The Commissioner Vijayawada. 3. The District Educational Officer, Ananthapur district,^Ananthapur 4. One CC to Smt. V Sesha Kumari Advocate [OPUC] 5. Two CCs to GP for Services III, High Court of Andhra^{Pradesh.[OUT]} 6. Three CD Copies TF

/

<br>

HIGH COURT

DATED:05/02/2025

ORDER

WP.No.3500 of 2020