Telangana High Court
WP/2776/2004 of S. Madhavi D/o. Madhava Rao, Vs Government of Andhra Pradesh, rep., by its Principal, on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 1014 of 2004 Between: 1 P. Vema Reddy,
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE G. BIKSHAPATHY
and
THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 1014 of 2004
Between:
1 P. Vema Reddy, S/o. Kista Reddy,
Working as Gezetted Head Master, Z.P.H.S. Ippaturu, Nawabpet Mandal, Mahaboobnagar District.
2 N.Krishnaiah, S/o Sanjeevaiah,
Gazetted Head Master, Z.P.H.S. Kothalabad, Mahaboobnagar District.
3 Bahadur Ali, S/o. Md. Hussain,
Working as Gezetted Head Master, Z.P.H.S. Pedda Adirala, Mahaboobnagar District.
4 F.R.Khan, S/o. Abdul Kareem Khan,
School Assistant (Science) Govt. High School, Hanwada, Mahaboobnagar District.
5 L. Gnanamba, D/o. L. Narayana,
School Asst. (Science) Z.P.H.S., Nawabpet, Mahaboobnagar District.
AND
..... PETITIONERS.
1 The Government of A.P. rep., by its Principal Secretary, School Education Department, Secretariat, Hyderabad. School Education Department, Secretariat, Hyderabad.
2 The Director of School Education, Govt. of A.P., Hyderabad.
3 Regional Joint Director of School Education, Govt. of A.P.
Hyderabad.
.....RESPONDENTS.
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an order, direction especially one in the nature of Writ of Certiorari calling forthe records pertaining to O.A.No. 7668/2003 and batch and its order dated 2-12-2003 of Hon'ble A.P. Administrative Tribunal and quash the same so far as it directsthe respondents to review the transfers within 4 months and at any rate before the re-opening of the schools for the next academic year and further declare that theproceedings issued in Memo No. 17970/Ser.II(1)/2003-1 dated 13-11-2003 is illegal,arbitrary and discriminatory violative of Articles 14 and 16 of the Constitution of Indiaand contrary to Presidential order.
Counsel for the Petitioners:MR.M.SURENDER RAO
Counsel for the Respondents : GP FOR SERVICES I
WRIT PETITION NO : 2776 of 2004
Between:
S. Madhavi D/o. Madhava Rao, SGT., MPPS,
V.V.Palem, Khammam Urban [Mandal], Khammam District.
AND
..... PETITIONER
1 Government of Andhra Pradesh, rep., by its Principal, Secretary, Education Department, Secretariat, Hyderabad.
2 Commissioner and Director of School Education, Hyderabad.
3 The District Educational Officer, Khammam District.
4 Y. Narmada, W/o…. and age not Known, SGT., ZPSS
Pedda Mandu, Mudigubba [M], Khammam District.
5 Y. Padma, W/o. and age not Known, SGT ZPSS
Bayyaram, Bayyaram [M], Khammam District.
6 V. Nagasri, W/o. and age not Known, SGT., ZPSS
D.P.E.P.School, Lenin Nagar, Khammam District.
7 B.Kamala, W/o. and age not Known, SA [P.S.]
Z.P.H.S., Dammapet, Khammam District.
8 M. Srinivasa Rao, S/o. and age not Known, SGT., ZPSS
P.S. Chintaguppa, Dummugudem [m], Khammam District.
9 Matta Srinivasa Rao, S/o. and age not Known, SGT., ZPSS Dummugudem [mandal] Khammam District. Dummugudem [mandal] Khammam District.
10 Rebba Srinivasa Rao, S/o. and age not Known, SGT. , ZPSS
P.S.Nagaram, Garla [M] Khammam District
11 J. Padmavathi, S/o. and age not Known, SGT., ZPSS Bayyaram, Bayyaram [m] Khammam District. Bayyaram, Bayyaram [m] Khammam District.
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ order or direction especially one in the nature of Writ of Certiorari callingfor records pertaining to O.A.No.7669 of 2003 and batch and its order dated2.12.2003 of Hon'ble A.P.Administrative Tribunal and quash the same so far as itdirects the respondents to review the transfers within 4 months and at any ratebefore the re-opening of the Schools for the next academic year and further declarethat the proceedings issued in Memo No.18006/Ser.VI-1/2003 dated 13.11.2003 isillegal, arbitrary and discriminatory violative of Articles 14 and 16 of the Constitutionof India and contrary to Presidential order.
Counsel for the Petitioner:MR.M.SURENDER RAOCounsel for the Respondents: GP FOR SERVICES I
The Court made the following :
COMMON ORDER: (Per Sri GB,J)
Both the writ petitions can be disposed of by a common order.
2. The principal grievance of the petitioners in these cases is that by virtue of theorders passed by this Court in W.P.No.11325 of 2000 and batch dated 08-09-2003,the petitioners have to be sent back to the Government Schools. Since, the actionwas not taken, the petitioners filed O.A.No.7669 of 2003 and batch. The said O.As.were disposed of directing the Government to review the matters but however theTribunal failed to set aside the orders passed by the Government dated 13-11-2003.To that limited extent, the writ petitions have been filed.
3. The learned Government Pleader however submits that the order of this Court inW.P.No.11325 of 2000 is carried before the Supreme Court by way of S.L.P. and thesame is pending for admission. Under those circumstances, the learnedGovernment Pleader submits that the Government is not in a position to decide the matter at this juncture.
4. We have heard the learned counsel for the petitioners and the learnedGovernment Pleader for respondents.
5. We are not in a position to accept the contention raised by the learnedGovernment Pleader. When once the writ petition was allowed and the statutoryrules were quashed, it is incumbent on the part of the Government to send thepetitioners to the Government Schools until and unless there is stay granted by theSupreme Court. Inasmuch as no stay was granted, it is necessary that the petitionersshould be sent back to the Government Schools. However, it will be left open to theGovernment to review the matter again after the appeal is decided by the SupremeCourt. Inasmuch as no orders were granted by the Supreme Court, we find that theTribunal ought to have set aside the order of the Government dated 13-11-2003.Accordingly, the order dated 13-11-2003 to the extent of the petitioners is set aside and the respondents are directed to transfer the petitioners from the Zilla ParishadSchools to the Government Schools within a period of six weeks from the date ofreceipt of a copy of this order.
6. The Writ Petitions are accordingly allowed. No costs.
_________________
G.BIKSHAPATHY, J
_________________
P.S.NARAYANA, J
27[th] December, 2004.
That Rule Nisi has been made absolute as above.
Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on this the Monday, theTwenty seventh day of December, Two thousand and four.
ASSISTANT REGISTRAR.
To
1 The Principal Secretary,Government of A.P.
School Education Department, Secretariat, Hyderabad.
2 The Director of School Education, Govt. of A.P., Hyderabad.
3 The Regional Joint Director of School Education, Govt. of A.P.
Hyderabad.
4 Two C.Cs. to the G.P. for Services-I, High Court Buildings, Hyderabad (OUT).
5 Two C.D. copies.