THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION No.12132 OF 2025

ORDER

(per Hon’ble Sri Justice P.Sam Koshy)

Heard Mr.A.Phani Bhushan, learned counsel for the petitioners, Mr. Santhapur Satyanarayana, learned Government Pleader for Services-I appearing for respondent Nos.2, 4, 6 and Mr. B. Rajeshwar Reddy, learned Government Pleader for the State Andhra Pradesh, appearing for respondent Nos.1, 3 & 5. Perused the material available on record.

2. The instant writ petition has been filed seeking for the following relief:

“to issue Writ, Order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not assigning the notional seniority to the petitioners on par with the first phase candidates w.e.f 14-06-2013, thereby depriving the petitioners for the benefits of revised pay scales of 2015 and 2020 at par with first phase candidates pursuant to Notification No.01/ RMSA/Model Schools/2012, dated.06-02-2012 as arbitrary, illegal, unjust, contrary to the provisions of Rule 33(b) of the Telangana State and Subordinate Service Rules,1996 and violation of Article 14, 16, 21 and 300-A of the Constitution of India besides being contrary to the judgment of the Hon’ble Apex Court in in Civil Appeal No. 9103 and 9104 of 2013, dated 16-03-2018 and Judgment of this Hon’ble Court in W.P.Nos.36093 and 35011 of 2022 dated 17-11-2022 and consequently hold that the petitioners are entitled to assign the notional seniority on par with the first phase candidates w.e.f.14-06-2013 in accordance with Rule 33(b)

and 36 (i) of the Telangana State and Subordinate Service Rules,1996 as observed and directed by this Hon’ble Court in W.P.Nos.36093 and 35011 of 2022 dated 17-11-2022 and W.P.No.4873 of 2025 dated 02-04-2025in the light of the judgment of the Hon’ble Apex Court in in Civil Appeal No. 9103 and 9104 of 2013, dated 16-03-2018 pursuant to the Notification No.01/RMSA/Model Schools/2012, dated.06-02-2012 and to extend the benefits of Revised Pay Scales 2015 and 2020 at par with first phase candidates with all consequential benefits including the arrears of salary and increments thereof and to pass such other order or orders as this Hon’ble Court may deem fit and proper”.

3. The grievance of the petitioners in a nutshell is that pursuant to an order passed by the Division Bench of this High Court in W.P.Nos.36093 & 35011 of 2022, decided on 17.11.2022, the respondents were specifically directed to draw a combine merit list of direct recruits of 2012 by interspersing Telugu Medium and English Medium Post Graduate teachers and then determine inter se seniority of direct recruits based on the merit secured by each of the candidates without regards to the date of joining and the roster point of reservation.

4. Admittedly, the aforesaid judgment of this High Court dated 17.11.2022 by efflux of time has attained finality. The Government of Telangana also has principally accepted the said judgment to be binding upon the department so far as the implementation of the instructions/directions given in the said judgment is concerned.

5. In the process, as a consequence of the disposal of those two writ petitions, the respondents were required to publish a fresh seniority list consisting of candidates belonging to the two mediums and inter se seniority was required to be provided in terms of the merit secured by each of the candidates in the selection process.

6. Down the line, the grievance of the petitioners as on date is that the seniority list that the respondent/State of Telangana has now prepared would provide the seniority to the petitioners in accordance with the orders passed in the aforesaid two writ petitions.

7. However, for the reason that the persons who had given joining on earlier period i.e., the first batch having joined on 14.06.2013 were drawing more salary than the petitioners herein, even though the seniority has been rectified and the petition