Andhra Pradesh High Court
WP/2301/2024 of B SAMBA SIVA RAO Vs THE STATE OF ANDHRA PRADESH on 24 September 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] FRIDAY, THE 25th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2301/2024 Between: 1. B SAMBA SIVA RAO, S/O BADIPUDI GOPAIAH AGE 61 YEARS, OCC- PHYSICAL DIRECTOR H.NO
APHC010041612024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE 25th DAY OF SEPTEMBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
WRIT PETITION NO: 2301/2024
Between:
1. B SAMBA SIVA RAO, S/O BADIPUDI GOPAIAH AGE 61 YEARS, OCC- PHYSICAL DIRECTOR H.NO 4-185, OPP PETROL BUNK
ROAD
BEHIND
HOND
SHOWROOM,
RYTHUPETA,
VTC
NANDIGAMA, N.T.R DISTRICT. ( KRISHNA DISTRICT)
2. GOPALUNI HARIBABU, S/O SATYNARAYANA AGE 61 YEARS, OCC- LIBRARIAN H.NO 5-14-3, BRODIPETA, PETA 2/13, GUNTUR
DISTRICT -522002
3. SMT. S K NAZEERA BEGUM, W/O GUDUSAHEB, AGE 61 YEARS, OCC- POST GRADUATE TEACHER H.NO 6-372-2, K.R.K COMPLEX, VASANTHANAGAR, RAILWAY KODUR, CUDDAPHA
4. B.VENKATA RATNAM, S/O BULLA PURUSHOTHAM AGE 61 YEARS, OCC- JUNIOR LECTURER H.NO 16B-8-4/L, LANKAPETA 2ND
ROAD NEAR ICM SCHOOL D-38 ETIURU R S, WEST GODAVARI
5. GADDAM. SUNDARAMMA, W/O LATE G. YELIALAH AGE 61 YEARS, OCC- RECORD ASSISTANT H.NO 7-34-22/1B/138 SAIBABA
TEMPLE BACK SIDE SUNDIPENTA, WEST TERN COLONY
SRISAILAM, KURNOOL DISTRICT
6. VENKATA NARAYANA GOPI SETTY, S/O GURU SWAMY GOPI
SETTY AGE 61YEARS, OCC-RECORD ASSISTANT 81/41-1, SREE
DEVI NAGAR, KURNOOL DISTRICT
7. M. V. SUBBA RAO, S/O JAGAN MOHAN RAO AGE 61 YEARA OCC- JUNIOR ASSISTANT H.NO 25, VANI NURSING HOME ELAMARRU
ESTATE, NUZVID, KEISHNA DISTRICT
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF
SECRETARY TO GOVERNMENT DEPARTMENT OF SCHOOL
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W.P.No.2301 of 2024
EDUCATION,
AND
VICE
CHAIRMAN,
A.P.R.E.I
SOCIETY,
SECRETARITE BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR
DISTRACT, A.P.
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY FINANCE ( H R IV F R AND L R ) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT.
A.P
3. THE STATE OF ANDHRA PRADESH, RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY( REGD), ( A.P.R.E.I SOCIETY) 3RD AND
4TH FLOOR, PAMULAPATI SIVAIAH COMPLEX KORITIPADU, MAIN
ROAD, NAIDUPETA, GUNTUR DISTRICT -522007, A.P
4. THE ANDHRA PRADESH RESIDENTIAL EDUCATION INSTITUTION
SOCIETY, REP, BY ITS SECRETARY TADEPALLI, GUNDUR
DISTRICT .A.P.
...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 tomay be pleased to issue an Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the salaries to the petitioner from August 2022 to till date having availed their services in the respective schools of the 3rd respondent society inspite of written representations from 18-10-2023 and 22- 11-2023 (2023 to 2024) is as illegal arbitrary highhanded and violation of Article 21 and 300-A of the constitution of India and consequently direct the respondents to pay the salaries to the petitioners from August 2022 to till date and continue to pay till the Petitioners attain the age of superannuation i.,e the age of 62 years without any break with all consequential benefits including regular pay allowances and pass such other order and to pass such 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 may be pleased to direct the 3rd and 4th respondents to release three monthly salaries immediately to the petitioners and continue to pay till the petitioners attain age of superannuation i e , 62 years pending disposal of the write petition in the interest of justice and pass such other order pending disposal of the above writ petition and to pass such.
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W.P.No.2301 of 2024
Counsel for the Petitioner(S):
1. CH S V SURAJ
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. NOOKA JAGANNADHAM
3. GP FOR SCHOOL EDUCATION
The Court made the following:
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WRIT PETITION NO: 2301/2024
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ORDER:
1. The Writ Petition is filed for following reliefs:
“………to issue an Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the salaries to the petitioner from August 2022 to till date having availed their services in the respective schools of the 3rd respondent society inspite of written representations from 18.10.2023 and 22.11.2023 (2023 to 2024) is as illegal arbitrary highhanded and violation of Article 21 and 300A of the constitution of India and consequently direct the respondents to pay the salaries to the petitioners from August 2022 to till date and continue to pay till the Petitioners attain the age of superannuation i e the age of 62 years without any break with all consequential benefits including regular pay allowances ….”
2. The averments in the petition show that pursuant to the directions issued by this Court in W.P.No.24927 of 2022, petitioner nos.1, 3 to 7 were joined into service on 10.08.2022 and petitioner no.2 joined on 11.09.2023, they have continued in the service till attaining the age of superannuation, i.e., 62 years. Having availed the services of the petitioners in the respective schools of respondent No.3-Society, the respondents are not paying salary to the petitioners for the said period. Thereafter, the petitioners submitted representations dated 18.10.2023, 22.11.2023, 08.01.2024, 21.11.2023, 21.10.2023, 29.08.2023, 26.10.2023, 27.11.2023, 25.10.2023, 21.11.2023. However, the said representations have not been considered by the respondents till date. Therefore, the petitioners are entitled to pay the salaries for the period during which they rendered service.
3. Learned Standing Counsel appearing for respondent no.3 society submits that pursuant to G.O.Ms.No.45 Finance (HR.IV-FR& LR) Department, dated 02.07.2026, the employees who continued in service till the age of 62 years based on the Court order shall be treated as having rendered regular service with all consequential benefits. The pensionary benefits, whatever
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applicable as per Bye-Laws of such institutions, shall be processed accordingly. He further submits in accordance with the said G.O, as well as Bye-Laws, necessary steps will be taken for payment and the benefits due to the petitioners and requests to accommodate for certain period to pay the amounts to the petitioners.
4. Considering the submissions made by the learned Standing Counsel, the present writ petition is disposed of with the following directions: i) The Respondent-Society is directed to settle and pay regarding the salaries and other consequential benefits due to the petitioners in terms of G.O.Ms.No.45 Finance (HR.IV-FR& LR) Department, dated 02.07.2026 and the amended Bye-Laws of the Society, within a period of four (04) months from the date of receipt of a copy of this order. ii) There shall be no order as to costs.
Consequently, all pending interlocutory applications, if any, shall stand disposed of.
_______________________ BALAJI MEDAMALLI, J
Date:25.09.2026 mmk
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WRIT PETITION No:2301 of 2024 25.09.2026
mmk