R S Kumari Vs the State of Ap

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) > MONDAY, THE SEVENTEENTH DAY OF MARCH | TWO THOUSAND AND TWENTY FIVE

¶2

PRESENT

¶3

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶4

WRIT PETITION NO: 8501 OF 2019

¶5

Between;

¶6

R S Kumari, W/o. R. Sivaji Age 51 years, Occ SGT R/ o. 4-24-8, FFI Garikipati's Sai Dharni Enclave 8th Lane, Muthyala Reddy Nagar Amaravati Road, Guntur

¶7

...Petitioner

¶8

AND

¶9

The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat, Velagapudi Guntur^District

¶10

The Commissioner of School Education, State of Andhra Pradesh 4th Floor, 'B' Block, BTPS Road Bhimrajugutta, Ibrahimpatnam,^Krishna District.

¶11

The Regional Joint Director of School Education, Guntur Guntur District.

¶12

The District Education Officer, Guntur, Guntur District.

¶13

...Respondents

¶14

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 order, direction more particularly in the nature of mandamus declaring the action of the 4'*^ respondent in conducting counseling for promotion to the post of Primary School Head Masters in the unit of Guntur District on 05.07.2019 without including petitioner' s name in the seniority list in spite of petitioner's representation dated 23.06.2019 and in spite of my eligibility as illegal, irregular, contrary to the procedure established by law and against to the principles of natural justice apart from being violative of fundamental right guaranteed under Article 14 and 16 of the Constitution of India and consequentially direct the 4th

¶15

re^ondent to consider petitioner's candidature for promotion to the post of Primary School Head Master in the interest of justice

¶16

lA NO: 1 OF 2019

¶17

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 stay of counseling scheduled to be held on 05.07.2019 for promotion to the post of Primary School Head Master pending disposal of the above writ petition.

¶18

Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU

¶19

Counsel for the Respondents: GP FOR SCHOOL EDUCATION

¶20

The Court made the following order:

1

46 .

APHC010197052019

B

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶26

(Special Original Jurisdiction)

¶27

[3396]

¶28

THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

¶29

PRESENT

¶30

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶31

WRIT PETITION NO: 8501/2019

Between:

R S Kumari

...PETITIONER

AND

The State Of Ap and Others

¶37

...RESPONDENT(S)

¶38

Counsel for the Petitioner:

¶39

1.KAMBHAMPATI RAMESH BABU

¶40

Counsel for the Respondent{S):

¶41

1.GP FOR SCHOOL EDUCATION (AP)

¶42

The Court made the following:

¶43

ORDER:

¶44

This Writ Petition is filed under Article 226 of Constitution of India with

¶45

the following prayer:

¶46

“.....to issue a Writ, order or direction more particuiariy one in the nature of Writ of Mandamus, declaring the action of the 4^^ respondent in conducting counseling for promotion to the post of Primary School Head Masters in the unit of Guntur District on 05.07.2019 without including petitioner's name in the seniority list in spite of petitioner's representation dated 23.06.2019 and in spite of petitioner’s eligibility as illegal, irregular, contrary to the procedure established by law and against to the principles of natural justice apart from being violative of fundamental right guaranteed under Article 14 and 16 of the Constitution of India and consequentially direct the 4^ respondent to consider

¶47

2

¶48

Learned Assistant Government Pleader for Services-(l, appearing for the respondents, would submit that in the light of the interim orders passed by this Court dated 04.07.2019 in I.A.No.1 of 2019, the respondent authorities have complied with the order. The petitioner was considered for promotion as Head Master. Learned Assistant Government Pleader, in support of their contentions, placed on record the orders passed by the respondent authorities along with entry in the service register of the individual. It is beneficial to extract the proceedings issued by the District Educational Officer, dated 31.07.2019, which reads as under;

¶49

’Under Rule 10 (a) of A. P. State & Sub-ordinate Service Rules 1996, read with the orders / h instructions issued in the references and 2"^ read above the Secondary Grade Teachers working in Z.P. Management are hereby promoted as Primary School Head Master on purely adhoc basis and posted in the existing vacancy due to in absentia to the promotion counseling on 30.07.2019 in the existing a7 ZZ" “ Of 0A3 2870.2671 and 2470 of 2018pending in the APAT.

¶50

The promotion ISi purely temporary and liable for termination at any time without notice and without assigning any reason thereof for such termination.

¶51

They are not entitled for TTA and joining time as the postings orders are as per their option.

¶52

They are requested to join on relief in the new promotion post within 15 days from the date of order of promotion.

¶53

3

¶54

The concerned HM / MEO are requested to relieve the teacher noted above immediately with instructions to join in their new post.

¶55

The dates of relief and Joining should be reported promptly.

¶56

Receipt of the proceedings should be acknowledged. ”