WRIT PETITION 31315of 2021 on 18 August 1986

1. The State of Andhra Pradesh, Rep. by its Principal Secretary toGovernment School Education Department, A.P. Secretariat,Velagapudi, Amaravathi, Guntur District.Government School Education Department, A.P. Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner of School Education, Ibrahimpatnam, Vijayawada,Krishna District, Andhra Pradesh,Krishna District, Andhra Pradesh,

3. The Regional Joint Director, School Education, Guntur

4. The District Educational Officer, Guntur Dist.,[Andhra][ Pradesh.]

5. The Deputy Educational Officer, Narsaraopet, Guntur[Dist.]

...REVIEW PETITIONERS/RESPONDENT No. 1 to 5 inWP. No.31315of 2021

AND

1. J.Saveena, W/o. K.Moses Ratna Kumar, Age 59 years. Working asSenior Assistant, (Social Studies and English), HIRD Junior College forWomen (High School Section), Narsaraopet Guntur District, A.P.,Senior Assistant, (Social Studies and English), HIRD Junior College forWomen (High School Section), Narsaraopet Guntur District, A.P.,

...RESPONDENT/WRIT PETITIONER

2. HIRD Junior College for Women Narsaraopet, Rep. by its SpecialOfficer High School Section, Narsaraopet.Officer High School Section, Narsaraopet.

(Respondent No. 6 deleted from the array of cause title as perC.O.dt 31-10-2022 Vide LA. No. 1/2022 in WP 31315/2021in thePetition and Affidavit) (non appeared)

...RESPONDENT/RESPONDENT

Petition under Order 47, Rule1 R/w Section 114 of 151 CPC prayingthatinthecircumstancesstatedintheaffidavitfiledinsupportof thepetition, the High Court may be pleased to allow the[Review][ Petition][ and][ set]aside the order passed in WP No. 31315 of 2021 dated[22-12-2022.]

WRIT PETITION NO: 31315 OF 2021

Between:

J.Saveena, W/o. K.MosesRatna Kumar, Age 59 years. WorkingasSeniorAssistant, (Social Studies and English), HIRD Junior College for Women (HighSchool Section), Narsaraopet Guntur District, A.P.,

AND

...PETITIONER

1. The State of Andhra Pradesh, Rep. by its Principal Secretary toGovernment School Education Department, A.P. Secretariat,Velagapudi, Amaravathi, Guntur District.Government School Education Department, A.P. Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner of School Education, Ibrahimpatnam, VijayawadaKrishna District, Andhra Pradesh,Krishna District, Andhra Pradesh,

3. The Regional Joint Director, School Education, Guntur

4. The District Educational Officer, Guntur Dist.,[Andhra][ Pradesh.]

5. The Deputy Educational Officer, Narsaraopet, Guntur[Dist.]

6. HIRD Junior College for Women Narsaraopet, Rep. by its SpecialOfficer High School Section, Narsaraopet.Officer High School Section, Narsaraopet.

(Respondent No. 6 deleted from the array of cause title as perC.O.dt 31-10-2022 Vide I.A. No. 1/2022 in WP 31315/2021in thePetition and Affidavit)

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleasedtoissueaWrit,Orderordirection moreinthenatureofMandamusdeclaring theactionof the respondentinnot countingti.eservices of the petitioner from 18.8.1986 to 1.4.1992 for the purpose ofnotionalfixationof automatic advancementfor fixation of increment,forapplication of PRCs after 1998 inclusion of the said service for the purposeof notional benefits as illegal, arbitrary and violation[of][ Article][ 14,][ 16][ and][ 21]of the Constitution of India and contrary to law laid down by the DivisionBench of this Court reported in 2016 (4) ALD 662 and consequently declarethatthepetitionerisentitledforcountingtheservicesrenderedfrom18.8.1986to1.4.1992for thepurposeof Automatic[Advancement]andincrement,notionalfixation,pensionary benefits andother PRCsintheinterest of justice.

lA NO: 1 OF 2021

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the writ petition, the High Court maybe pleased to issue Interim Direction directing the respondent to forthwithconsider the case of the petitioner for counting the[services][ rendered][ from]18.8.1986to1.4.1992for the purposeof Automatic[Advancement]andincrement, notional fixation, pensionary benefits and other PRCs keeping inview of the Division Bench of this Court reported in 2016 (4) ALD 662 basedon the representation of the petitioner dt.2.12.2016 pending disposal of theabove W.P.

lA NO: 2 OF 2024

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to set aside and set aside the order in W.P.[No.][ 313]15 of2021, Dt 22.12.2022.

Counsel for the Petitioners: GP FOR SERVICES III

^ Counsel for the Respondent No.1: SRI A. RAJENDRA[BABU]Counsel for the Respondent No.2: SRI P.V. RAMANA

CONTEMPT CASE NO: 5896 OF 2023

Petition under Sections10 to 12 of Contempt of Courts[Act]1971praying that in the circumstances stated in the affidavit[file][ herein the][ High]Court may be pleased to summon, prosecute and punish[the][ respondent]U/S's 10 to 12 of the contempt of Court Act for willful[and][ deliberate][ violation]of the orders of this Hon'ble Court dated 22-12-2022[in][ WP][ No.][ 31315][ of]2021.

Between:

J.Saveen, W/o. K. Moses Ratna Kumar, Aged about 59 years. Working asSeniorAssistant,(SocialStudiesandEnglish)HIRDJuniorCollegeforWomen, (high School Section), Narsaraopet Guntur District.

...PETITIONER

AND

1. Praveen Prakash, IAS, The State of Andhra Pradesh, Represented byits Principal Secretary, Department of School Education,[A.P][ Secretariat]buildings, Velagapudi, Guntur District.its Principal Secretary, Department of School Education,[A.P][ Secretariat]buildings, Velagapudi, Guntur District.

2. S Suresh Kumar IAS, The Commissioner of School Education,Ibrahimpatnam, Vijayawada, Krishna District, Andhra[Pradesh]Ibrahimpatnam, Vijayawada, Krishna District, Andhra[Pradesh]

3. VS Subba Rao, The Regional Joint Director, School[Education,][ Guntur]District.District.

4. P Sailaja, District Educational Officer, Guntur[District.]

...CONTEMNORS

Counsel for the Petitioner: SRI KODE RAMESH BABU

Counsel for the Respondents: SRI RAMA CHANDRA RAO GURRAM

The Court made the following: COMMON ORDER

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDATV

REVIEW I.A.No.j of 2024 in W.P.No.31315 of 2021AND

C.C.No.5896 of 2023

COMMON ORDER:

Heard the learned counsel for the Review petitioners/Respondent[Nos.1]to 5 in W.P.No.31315 of 2021 and the learned counsel for the respondents.

2. Learned counsel for the Review Petitioners submits[that][ this][ Court]passedanorder dated22.12.2022in W.P.No.31315of2021,whichis extracted hereunder:

“In view of the same,for the reasons alike as werementioned in the aforesaid order,thisWrit Petitionisalsoallowed andwhiledeclaringtheactionof therespondentsinnotcountingtheservicesofthepetitionerfrom18.08.1986to01.04.1992forthepurpose of notional fixation of automatic advancementfor fixation of increment for application of PRCs after1998 as illegal and arbitrary, the respondents are[further]directed to count the services rendered by the petitionerfrom18.08.1986to01.04.1992forthe purposeofautomaticadvancementandincrement,notionalfixation,pensionary benefits and other PRCs and torelease the regular pay scales with all attendant benefitswith arrears for the said period with interest at 7% p.a.,within six (06) weeks from the date of receipt of a copyof this order. There shall be no order as to costs.”

3. Further learned counsel for the Review Petitioners submits that theRespondents/Petitionerin W.P.No.31315of 2021has filed contempt case filed contempt case contempt case case ^alleging that the orders passed by this Court in W.P.No.31315[of][ 2021][ are][ not]complied with and also alleged that the respondents disobeyed the orders.Pendingthecontemptcase,theReviewPetitioners/RespondentinW.P.No.31315 of 2021 came with this Review Petition stating that at the timeof hearing the W.P.No.31315 of 2021, this Court was misguided in passing theorder impugned in this contempt petition by observing[that][ the][ issue][ involved]in this writ petition is squarely covered by the order passed in W.P.No.7080of2013dated06.05.2022.PursuanttothesubmissionsbythelearnedGovernmentPleaderforService-Illappearingforrespondents/Rev[iew]Petitioners and also admitted the same and didnot dispute the same. Hefurthersubmitsthatadetailedcounter-affidavit wasfiledby theReviewPetitioners and at the time of final hearing without considering the plea of theReview Petitioners atits counter, this Court was pleasedto allow the WritPetition as per the directions of this Court in W.P.No.7080[of][ 2013][ extracted]supra. Further this Court has not taken into consideration the factual aspectthat the respondent/petitioner was already appointed[as][ School][ Assistant][ for]Social studies in Hird Jr. College(HS) for Women, Narsaraopet[in][ the][ unaided]vacancy with effect from 18.08.1986 on purely temporary basis subject totermination without any notice. Hence, seeking modification[of][ the][ said][ order]this Review Petition is filed.

has filed contempt case filed contempt case contempt case case ^

has filed contempt case filed contempt case contempt case case ^

4. Learned counsel for the Review Petitioner further[submits][ that][ in][ view]''V^of the grounds as mentioned abo\/e, the facts and[circumstances][ in][ the][ writ]petition are different from the orders passed in W.P.No.7080[of][ 2013, as][ such]the order passed in W.P.No.7080 of 2013 is not applicable.[But][ this][ Court][ was]mislead pursuant to the submissions of the learned counsel, this Court underthe impression that the subject matter in hand and[W.P.No.7080][ OF][ 2013]aresimilar,hasallowedtheWritPetitionintermsof theorderspassedinW.P.No.7080 of 2013. Therefore, the order impugned in the contempt caseshall be reviewed.

5. On the other hand, learned counsel for the respondents[submits][ that]the orders passed in W.P.No.31315 of 2021 dated 22.12.2022[is][ not][ similar][ to]the factsin W.P.No.7080 of 2013,but due to submissionsof the learnedcounsel, this Court passed similar order, whichis not applicable. Therefore,the ReviewPetitionfiled by the Review Petitioner/respondentsshouldbeconsidered.

6. In view of the facts and circumstances of the case and on perusal ofthe material placed on record and for the reasons stated in the review petitionthisReviewI.A.No.1of 2024isallowed.Accordingly,theorderdated22.12.20222 in W.P.No.31315 of 2021is hereby recalled[and][ the][ Writ][ Petition]is restored. Registry is directed to post the matter[before][ concerned][ Board][ for]hearing, at the earliest.

7. Since, the order impugnedin the contempt caseisrecalled,t.heContempt Case becomes infructuous. Accordingly, Contempt Caseis closediras infructuous.

There shall be no order as to costs.

Consequently,MiscellaneousPetitions,if any,pendinginthewritpetition shall stand closed.Sd/. P.U.V.BHASKAR RAO//TRUE COPY// COPY//ASSISTANT REGISTRAR

//TRUE COPY// COPY//

To,

SEt^TtOfToFFICER

1. The Principal Secretary to Government School Education DepartmentState of Andhra Pradesh, A.P. Secretariat, Velagapudi, AmaravathiGuntur District.State of Andhra Pradesh, A.P. Secretariat, Velagapudi, AmaravathiGuntur District.

2. The Commissioner of School Education, Ibrahimpatnam, VijayawadaKrishna District, Andhra Pradesh.Krishna District, Andhra Pradesh.

3. The Regional Joint Director, School Education, Guntur.

4. The District Educational Officer, Guntur Dist., Andhra Pradesh.

5. The Deputy Educational Officer, Narsaraopet, Guntur Dist.

6. The Special Officer, HIRD Junior College for Women Narsaraopet HighSchool Section, Narsaraopet.’The State of AndhraSchool Section, Narsaraopet.’The State of AndhraCXaSud^Tun^rDisfrfof^ ^ Secretariat buildings, The Commissioner of School EducationIbrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh Guritur District^^^’Joint Director, School Education, lO.Mrs.P Sailaja, District Educational Officer, Guntur District.

11. One CC to Sri A. Rajendra Babu, Advocate [OPUC]

12. One CC to Sri P.V. Ramana, Advocate [OPUC]

13. One CC to Sri Rama Chandra Rao Gurram, Advocate [OPUC]

14. One CC to Sri Kode Ramesh Babu, Advocate [OPUC]

15. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT]

16. Three C.D. Copies.

HIGH COURT

DATED:26/03/2025

AFTER DISPATCHED TOSENT THE BUNDLEPOSTING SECTION

COMMON ORDER

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REVIEW I.A. No.1 of 2024InWP.No.31315 of 2021 & C.C. No.5896 of 2023

REVIEW I.A. No.1 of 2024 IS ALLOWEDRESTORED THE W.P. & CONTEMPT CASE ISCLOSED AS INFRUCTUOUS WITHOUT COSTS