Infant Welfare Society Vs the Government of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Infant Welfare Society Vs the Government of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Respondents 1 to 3 directed to consider the petitioner's representation dated 10.03.2025 and pass appropriate orders within eight (08) weeks of receipt of copy of the order; writ petition disposed of with no order as to costs; miscellaneous applications, if any, stood closed.

Issue for consideration

Whether the action of respondents 1 to 3 in not releasing the pending salaries for the years 2012-13, 2013-14 and 2015-16 (Rs. 66,00,000/-) payable to the Special Education Teachers who worked in the petitioner society, in pursuance of the recommendations made by respondents 4 and 5, is illegal, arbitrary and violative of Article 21 of the Constitution of India, warranting a writ of mandamus to release the same. +1 more

Court's answer

Finding that although education was provided to physically disabled students by the petitioner organisation from 2009 to 2015-16, the respondents did not pay the salaries of the teachers for the period of three years.

Ratio / Principle

In view of the absence of any response from respondents 1 to 3 to the representations of respondent No.7 and the petitioner, the Court directed respondents 1 to 3 to consider the petitioner's representation dated 10.03.2025 and pass appropriate orders within eight weeks from receipt of a copy of the order; the writ petition was disposed of on this basis without deciding the substantive illegality question.

Detailed headnote1 paragraphs

Andhra Pradesh High Court (K. Sreenivasa Reddy, J.), disposing of W.P. No. 9966 of 2025 filed under Article 226 by Infant Welfare Society, Ongole (Regd. No. 243 of 1998), which imparted education to children with disabilities from 2009 to 2015-16 under the Centrally Sponsored Scheme of Inclusive Education for Disabled Children (IEDC)/RMSA framework. The Society sought a mandamus against respondents 1 to 3 (Union Ministry of Education authorities) for not releasing pending salaries of its Special Education Teachers for 2012-13, 2013-14 and 2015-16 totalling Rs. 66,00,000/-, pursuant to recommendations of the State respondents (4 and 5), alleging violation of Article 21. The Court recorded the finding that salaries for three years went unpaid, noted the petitioner's representation dated 10.03.2025 to respondent 5 and the counter affidavit of respondent 7 showing unanswered representations to respondents 1 to 3, and directed respondents 1 to 3 to consider the representation dated 10.03.2025 and pass appropriate orders within eight weeks. The petition was disposed of without costs and connected miscellaneous applications closed; the merits of the Article 21 challenge were not adjudicated.

Wh

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APHC010192612025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY. THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

O
>5® i j-.

O PRESENT >5® THE HONOURABLE SRI JUSTICE K.SREENIVASA REDD^i^

WRIT PETITION NO: 9966 OF 2025

Between:

INFANT WELFARE SOCIETY, Regd.No.243 of 1998 Represented by its president S.Subba Reddy, S/o. Venkateswarlu, Aged 41 years R/o Building Centre, Maruthi nagar, 2"^^ lane, Kurnool Road, OngoleO^oUUa.

...Petitioner

AND

1. The Government of India, rep. by its Secretary, Ministry of Education, Department of School Education and Literacy (RMSA Sec.1) Sasthri Bhavan, New Delhi-110 115.

The Joint Secretary, Ministry of Human Resource Development, School Education/Literacy (RMSA.I), (Rashtriya Madhyamik Shiksha Abhiyan), Sasthri Bhavan, Govt, of India, New Delhi. 3. The Director lEDSS, Ministry of Human Resource Development Department of School Education and Literacy (RMSA.I), Sasthri Bhavan , New Delhi.

The State of Andhra Pradesh, rep. by its Principal Secretary, School Education, Secretariat, Velagapudi, Amaravati.

The Commissioner of School Education and State, rep. by its Project Director (RMSA) Patamata, Vijayawada.

The Director, School Education of Andhra Pradesh, Vijayawada.

The State Project Director, Samagrasiksha Abyan.

...Respondents

%

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 appropriate writ order direction more^{particularlyaWritof} Mandamus declaring the action of the respondents in not releasing the pending salaries for the years of 2012-13, 2013-14^{and2015-16totheSpecial} Education Teachers worked in the Infant Welfare Society, Bapatia, Bapatia District an amount of Rs. 66,00,000/- (Rupees Sixty Six Lakhs only) to the petitioner organization in pursuance of the recommendations made by^the respondents 4 and 5, to the respondent 1 to 3 who failed to pay the same as illegal, arbitrary and violative of right to life and liberty as envisaged under Art.21 of the Constitution of India and consequently direct the respondents 1 to 3 to release the same forthwith.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, th.e High Court may be pleased to direct the respondents to consider the representation of the petitioner dated 10.03.2025 and pay the salaries of the Special Education^{Teachersforthe} period 2012-13, 2013-14 and 2015-16 pending disposal of the writ petition. Counsel for the Petitioner: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.1: M/s. ENKEKALUVA ANJANA^REDDY

(CENTRAL GOVT COUNSEL) Counsel for the Respondents 2 & 3: M/s. REVANURU SUDHA^RANI (SC FOR SAMAGRA SHIKSHA) Counsel for the Respondents 4 to 7: GP FOR SCHOOL EDUCATION The Court made the following order:

' ^

APHC010192612025

5

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

[3327]

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

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 9966/2025

Between:

INFANT WELFARE SOCIETY, REGD.N0.243 OF 1998 REPRESENTED BY ITS PRESIDENT S.SUBBA REDDY, S/0. VENKATESWARLU, AGED 41 YEARS, R/0. NAVABHARATH BUILDING CENTRE, MARUTHI NAGAR, 2ND LANE, KURNOOL ROAD, ONGOLE-523002.

...PETITIONER

AND

1.THE GOVERNMENT OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EDUCATION, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (RMSASEC.1) SASTHRI BHAVAN, NEW DELHI-110 115.

2.THE JOINT SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SCHOOL EDUCATION/LITERACY (RMSA.I), (RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN), SASTHRI BHAVAN, GOVT, OF INDIA, NEW DELHI.

3.THE DIRECTOR LEDSS, MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (RMSA.I), SASTHRI BHAVAN, NEW DELHI.

4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATI.

5.THE COMMISSIONER OF SCHOOL EDUCATION AND STATE, REP.BY ITS PROJECT DIRECTOR(RMSA) PATAMATA,

A- 2 SRK,J W.P.No.9966 of 2025

N

H

VIJAYAWADA.

6.THE DIRECTOR, SCHOOL EDUCATION OF ANDHRA PRADESH VIJAYAWADA.

7.THE STATE PROJECT DIRECTOR, SAMAGRASIKSHA ABYAN.

...RESPONDENT(S):

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 appropriate writ order direction more particularly a Writ of Mandamus declaring the action of the respondents in not releasing the pending salaries for the years of 2012-13, 2013-14 and 2015-16 to the Special Education Teachers worked in the Infant Welfare Society, Bapatia, Bapatia District an amount of Rs. 66,00,000/- (Rupees Sixty Six Lakhs only) to the petitioner organization in pursuance of the recommendations made by the respondents 4 and 5. to the respondent 1 to 3 who failed to pay the same as illegal, arbitrary and violative of right to life and liberty as envisaged under Art.21 of the Constitution of India and consequently direct the respondents 1 to 3 to release the same forthwith and pass

lA NO: 1 OF 2025

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 to consider the representation of the petitioner dated 10.03.2025 and pay the salaries of the Special Education Teachers for the period 2012-13, 2013-14 and 2015-16 pending disposai of the writ petition and pass

Counsel for the Petitioner:

M S R CHANDRA MURTHY

Counsel for the Respondent(S):

REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA)

2.GP FOR SCHOOL EDUCATION

ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL)

The Court made the following:

V

3

SRK,J W.P.No.9966 of 2025

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION No.9966 of 2025

ORDER:

This Writ Petition has been filed seeking to declare the action of respondents in not releasing the pending salaries for the years 2012-13, 2013-14 and 2015-16 to the Special Education Teachers,^worked in petitioner society, inspite of recommendations made by the respondents 4 and 5 to the respondents 1 to 3, as illegal and arbitrary.

Case of the petitioner is that the petitioner is a registered Education Society vide registered No.243/1998. The objective of the society is to provide education to the students (Children with special needs). The petitioner educational society provided education to the disabled students from 2009 to 2015-16. The respondent^authorities paid the salaries to the teachers for the years 2011 -12 and 2014-15, but did not pay the salaries for the years 2012-13, 2013-14^and2015-16.

Heard the learned counsel for petitioner and the learned Assistant Government Pleader for School Education appearing for respondents 4 to 7. There is no representation for respondents 1 to 3.

On a perusal of the material on record goes to show^thatthe Government of India introduced Centrally Sponsored Scheme (CSS) of

4

SRK,J W.P.No,9966of2025

f

Inclusive Education for the Disabled Children (lEDC) in the year 1988. The objective of the Scheme is as follows;

“To provide educational opportunities for children^{withdisabilities} in general schools, to facilitate their retention in the^{schoolsystem.} It provides for facilities to students with disabilities including expenses on books and stationery, expenses on uniforms, transport^allowance, reader allowance, escort allowance, hostel accommodation and actual costs of equipment. The scheme also supports the appointment of special teachers, provision for resource^roomsand removal of architectural barriers in schools”.

Though education has been provided to the physically^disabled students from 2009 to 2015-16, the respondents have not paid the salaries to the teachers worked in the petitioner organization for the period of three years. In connection with that, the petitioner herein also made a representation dated 10.03.2025 to 5‘'^ respondent^herein,but no orders have been passed on the said representation.

7^'^ respondent filed his counter affidavit stating that they addressed a representation to 1®^ respondent seeking release of pending payment of salaries of the Special Educators^totheNGOsfor the years 2012-13, 2013-14 and 2015-16 and till date, there is no response from the respondents 1 to 3, and the matter is pending consideration before the competent authority. Despite^{thefactthatthe} respondent No.7 and the petitioner society made representations^tothe respondents 1 to 3, there is no response, that has been received by the

5

SRKJ W.P.No.9966of2025

petitioner. In view of the above said facts and circumstances of the case, this Court directs the respondents 1 to 3 to consider the representation made by the petitioner herein dated 10.03.2025 and pass appropriate orders within a period of eight (08)^weeksfromthe date of receipt of copy of this order.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY//

To,

The Secretary, Ministry of Education, Department of School Education and Literacy (RMSA Sec.1), Government of India, Sasthri Bhavan, New Delhi-110 115.

The Joint Secretary, Ministry of Human Resource Development, School Education/Literacy (RMSA.I), (Rashtriya Madhyamik Shiksha Abhiyan), Sasthri Bhavan, Govt, of India, New Delhi.

The Director lEDSS, Ministry of Human Resource Development Department of School Education and Literacy (RMSA.I), Sasthri Bhavan, New Delhi.

The Principal Secretary, School Education, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.

The Project Director (RMSA), Commissioner of School Education and State, Patamata, Vijayawada.

The Director, School Education of Andhra Pradesh, Vijayawada.

The State Project Director, Samagrasiksha Abyan.

One CC to Sri M S R Chandra Murthy, Advocate [OPUC]

One CC to M/s. Revanuru Sudha Rani (SC for SAMAGRA SHIKSHA)

[OPUC]

lO.Two CCS to GP for School Education, High Court of Andhra Pradesh [OUT]

11.One CC to M/s. Enkekaluva Anjana Reddy, (Central Govt. Counsel) [OPUC]

12.Two CD Copies

RAM

"

HIGH COURT

DATED;20/08/2025

ORDER WP NO. 9966 OF 2025

DISPOSING OF THE WP WITHOUT COSTS