Dismissed

Smt.Shoba Devi, Narayanaguda, Hyderabad. v. the Commissioner of Intermediate Education, Hyd and 2 Others

Telangana HC8 Sept 2025WP/18217/2005

Case brief

AI extract

What is this about?

A junior lecturer sought grant-in-aid salary from her promotion date rather than the date her appointment was admitted to grant-in-aid. The court held that without challenging the earlier approval proceedings dated 07.11.2003, she could not attack consequential orders, and dismissed the writ petition.

What the court decided

AI extract

Smt.Shoba Devi, Narayanaguda, Hyderabad… — Pension and Retirement Benefits | Telangana HC (2025)

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[³³⁰⁴ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION NO: 18217 OF 2005

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Between:

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Smt. Shoba Devi, D/o. Late Kundan Prasad, Junior Lecturer in Hindi, Kesav Memorial Boys Junior College, Narayanaguda, Hyderabad.

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...PETITIONER

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AND

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The Commissioner Of lntermediate Education, Andhra Pradesh, Nampally, Hyderabad.

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The Regional Joint Director of lntermediate Education, A.P., Nampally, Hyderabad.

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Kesav Memorial Boys Junior College, Narayanaguda, Hyderabad , Rep by its secretary and correspondent'

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...RES'.NDENTS

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Petitioh under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction especially one in the nature of writ of mandamus directing the respondents to release the grant-in-aid salaries with effect from the date of petitioners promotion i.e 3.5-2003 on par with Sri.Bhupathi rao, in Procs.Rc.No.Admn-1-11168912002 dt.20-10-2003 by declaring the Procs.in.Memo.No.Admn-1F.-8176012004 dt.29-11-2004 of the 1st respondent as being arbitrary, illegal, unconstitutional, null and void and inoperative and unconstitutional in law and accord all consequential and other attendant benefits as regards pension and other retiral benefits.

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l.A. NO: 1 OF 2005(WPMP. NO: 23188 OF 2005)

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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 to compute the retrial benefits by reckoning the petitioner's

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promotion to ihe post of Junior Lecturer in Hindi with effect from 3-5-2003 pending dispos;al of the above writ petition.

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Counsel for the Petitioner: SRI P.SRINIVASA RAO counsel for the Respondent Nos.1 & 2: Gp FoR HTGHER EDUCATION Counsel for the Respondent No.3: --

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The Court macle the following: ORDER

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.--i-\ (t

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THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION No.18217 OF 2O05

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ORDER:

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This Writ Petition is filed to direct the respondents to release the grant-in-aid salaries with effect from the date of^petitioner's promotion i.e. 3-5-2003 on par with Sri Bhupathi Rao in Procs.Rc.No.Admn- 1-1l1 68912002 dated^20-tO-2003 by^declaring the procs. in Memo.No.Admn-IB-Bl76O/2004^{dated 29-LL-2004of} the 1't respondent as being arbitrary, illegal.

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Initially, the petitioner was appointed as a S.G.B.T. teacher in L978. Subsequently, the^{petitioner's serviceswere} regularized. The respondents thereafter conducted^D.P.C. as^per the provisions of the A.P.Education Act and the^provisions contained in G.O.Ms.No.203 dated 18-6-1999.^{The Departmental} Promotion Committee^promoted him as Junior Lecturer^{in Hindi in} the vacancy caused due to retirement on^{superannuation of one} Dr.P.Madan Devi, lunior Lecturer in Hindi by the^proceedings Ref.No.PF/KMBIC/2003-04 dated 3"5-2003.^{Later, petitionerwas} relieved on 3-5-2003 from the Kesav Memorial^{High Schooland} promoted as Junior lecturer in Hindi in the Kesav Memorial Boys Junior College and reported to duty on^4-5-2003.

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The Board of Intermediate Education vide its proceedingrs in Rc.No.4930lE3-1/ 2002-03 dated 7-8-2003 approved^':he petitioner's appointment as Junior Lecturer in Hindi in the aided vacant post by way of promotion from the category of S.G.B.T. Assistant. The Commissioner of Intermediate Education (formerly )irector of Intermediate Education) in his proceedings in Rc.No.Adntn-1-1/328/2003 dated 07.11.2003 approved his appointm€:nt as lunior Lecturer in Hindi. The issue involved in this case is th;rt the petitioner is seeking release of grant-in-aid salaries with effecl: from the date of petitioner's promotion i.e. 3-5-2003 on par with Sri Bhupathi *..o in Procs.Rc.No.Admn-1-L/L689/2002 dated 20-10-2003.

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. 4. Respondent Nos.1 and 2 filed counter affidavit stating that Petitioner submitted representation to the respondents dated 08.10.20()4 requesting to pay the salaries with effect from 04.05.2003 instead of 07.11.2003, since she has reported for duty on 04.05.2003. In reply to that the 1't respondent has issued directions to the 3'd respondent to claim sataries against the post of school assistant for the period from 04.05.2003 to 06.11.2003, if that post is vacant. The salaries are being paid to the petitioner regularly with effect from 07.11.2003 under Grant-in-Aid funds i.e.

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(')

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from the date on which the respondent has admitted the petitioner to Grant-in-Aid funds i.e., from the date on which the respondent has admitted the petitioner to grant-in-aid till today. The petitioner has not questioned the orders dated 07.Lt.2O03 and the orders impugned in the W.P. are only consequential orders. Hence, when the order dated 07.Lt.2003 has become final, the petitioner cannot now seek direction for payment of salaries to her on the basis of the date of^joining in the post of Junior Lecturer.

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On the earlier occasion on 28.08.2025, when the matter was listed there was no representation on behalf of the petitioner and the matter was directed to be listed under the caption for dismissal on 04.09.2025. Even today, there is no reiresentation on behalf of the petitioner.

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As contended by the respondent the petitioner without challenging the earlier proceedings dated.07.11.2003 cannot challenge the subsequent proceeding. In view of the above submission, the writ petition is liable to be dismissed.

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Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

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As ;r sequel, miscellaneous applications pending, if orty, in

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this Writ F,etition, shall stand closed.

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SD/. P.C.SULEKHA DEVI ASSISTANT REGISTRAR

/TRUE COPY//

SECTION OFFICER

One CC to SRI P QBINIVASA RAO, Advocate [OPUC]

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Two ccs to GP FoR HIGHER EDUCATION, Higtr colrt for the state of Telangara, at Hyderabad. [OUT]

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Two CD Copies

PSK. PSK

<br>

HIGH COIURT

DATED:08/09/2025

ORDER

WP.No.1ll217 of 2005

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DISMISSf,NG THE WRIT PETITION WITHOUT COSTS

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Smt.Shoba Devi, Narayanaguda, Hyderabad. v. the Commissioner of Intermediate Education, Hyd and 2 Others

Case brief

What is this about?

What the court decided

Smt.Shoba Devi, Narayanaguda, Hyderabad. v. the Commissioner of Intermediate Education, Hyd and 2 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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