APHC010158172023 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8109/2023 Between:

1. Y K SATYANARAYANA MURTHY, S/O. MARINI, AGED ABOUT 61 YEARS, LECTURER IN POLITICAL SCIENCE NOW WORKING IN GOVERNMENT DECREE COLLEGE RAZOLE, DR. B.R.AMBEDKAR KONASEEMA DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, HIGH EDUCATION DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE COMMISSIONER, COMMISSIONER OF COLLEGIATE EDUCATION D.NO.11-307, GARUDARI K.K.TOWERS SRI LAKSHMI NARASIMHA COLONY MANGALAGIRI 522 503, GUNTUR DISTRICT.

3. T HE REGIONAL JOINT DIRECTOR OF HIGHER EDUCATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT.

4. T HE PRINCIPAL, GOVERNMENT DECREE COLLEGE, RAZOLE, DR. B.R.AMBEDKAR KONASEEMA DISTRICT.

...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents more particularly 1st respondent with prospective effect from 15.04.2021 regularized the services of the petitioner through G.O.Ms.No.18 Higher Education (C.E.A2) Department dated 15.04.2021 when the Hon'ble High Court in W.P.No.5094/2001 dated 12.06.2018 directed the respondents to regularize the services within two months from the date of the receipt of the order is illegal, arbitrary, in violation of Article 14 and 21 of the Constitution of India, contrary to orders passed in G.O.Rt.No.160, Higher Education Department dated 16.02.2001, G.O.Rt.No.30, Higher Education Department dated 19.01.2002 and G.O.Rt.No.162, Higher Education Department dated 02.03.2002 regularized the services of similarly situated persons with retrospective effect to pay arrears of salary and consequentially direct the respondents to pay the salaries with consequential benefits to the petitioner with retrospective effect i.e., from 12.06.2018, and pass IA NO: 1 OF 2023 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 pleased to direct the 1st respondent to pay arrears of salary and consequential benefits by regularizing the services of the petitioner prospective effect i.e., from the date of the order passed in W.P.No.5094 of 2001 dt.12.06.2018 in the interest of justice, and pass IA NO: 1 OF 2024 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 pleased to grant leave to file counter affidavit in WP.No. 8109 of 2023 in the interest of justice and may be pleased to pass IA NO: 2 OF 2024 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 pleased to grant leave to the petitioner herein to file reply affidavit to the W.P.No.8109 of

2023 and pass Counsel for the Petitioner:

1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION

2. GP FOR SERVICES III

3. .

The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.8109 of 2023

O R DE R:

The present Writ Petition is filed to declare the action of Respondent No.1 with prospective effect from 15.04.2021 regularizing the services of the Petitioner vide G.O.Ms.No.18 Higher Education (C.E.A2) Department dated 15.04.2021, contrary to the Judgement rendered by this Court in W.P.No.5094 of 2001 dated 12.06.2018 directing the Respondents to regularize the services within two (02) months from the date of receipt of a copy of the order, as illegal and arbitrary.

2. The facts leading to filing of the present Writ Petition are as follows:

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