P Santhosha Lakshmi vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Harinath.N
Listed On:
7 May 2024
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR ^
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 1335 OF 2023
Between:
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- P Santhosha Lakshmi, W/o B Gowri Naidu Secondary Grade Teacher, M.P.U.P.S, Garugubilli Mandal, Vizianagaram District. aged 38 years, Occ. Sanyasirajupeta Village,
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- M Padma, D/o Narasimhulu, aged 30 years, Occ. Secondary Grade Teacher, M.P.P.S, Gopannavalasa Village, Merakamudium Vizianagaram District. Mandal
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- <sup>L</sup> Rajani Kumari, D/o <sup>L</sup> Satyannaidu, aged 35 years, Occ. Secondary Grade Teacher, M.P.P.S, Bondapalli (SC) Village, Garividi Vizianagaram District. Mandal
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- <sup>B</sup> Varalakshmi, D/o <sup>B</sup> Naidu Babu, aged <sup>32</sup> years, Occ.- Secondary Grade Teacher, M.P.P.S, Merakamudium (Rural) Merakamudium Mandal, Vizianagaram District.
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- T Bhagya Lakshmi, D/o Aswartha Narayana, aged about 38 Secondary Grade Teacher, M.P.U.P.S Dharmavaram Mandal, Anantapur District. /' years, Occ. Badannapalli Village,
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- N Umadevi, D/o N Narayana (Late), aged 34 years, Occ. Secondary Grade Teacher, M.P.U.P.S, Bandamedapalli Village, Kundurpi Mandal, Anantapur District. ^
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- M Lakshmi Devi, D/o M Lakshmanna, aged 45 years, Occ. Secondary Grade Teacher, M.P.U.P.S, Cholasamudram Village and Mandal, Anantapur District.
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- A Venkata Subbaiah, S/o Krishnaiah, aged 48 years, Occ. Secondary Grade Teacher, M.P.U.P.S, Igalapadu Village, Podili Mandal, Prakasam District.
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- N Jyothirnnayi, D/o Paparao Naidu, aged 44 years, Occ. Secondary Grade Teacher, M.P.U.P.S, Tirupati Village, Peddapuram Mandal, East Godavari District.
- 10.M Kavitha, W/o D Niranjan Rao, aged 41 years, Occ. Secondary Grade Teacher, M.P.P.S, Yerraguntia Village and Mandal, Y.S.R Kadapa District.
- 11.L Umadevi, D/o Bapaiah, aged 47 years, Occ. Secondary Grade Teacher, M.P.P.S, Kopparru Village, Pedanandipadu Mandal, Guntur District.
- 12.G RAJA, S/o G Anjaneyulu, aged 52 years, Occ. Secondary grade teacher, M.P.P.S, Dasaripalli Village, Porumamilla Mandal, Y.S.R Kadapa District.
- 13.G Appala Satya Maheswara Rao, S/o G Krishna, aged 43 years, Occ. School Assistant (Physical Science), Govt High School, 17th ward, Bheemunipatnam Village and Mandal, Visakhapatnam District.
- 14.S Maheswara Rao, S/o Satyam, aged 46 years, Occ. School Assistant (Physical Science), Z.P.H.S, Padmanabham Village, and Mandal, Visakhapatnam District.
- 15.E Sukanya, D/o Soma Mallaiah, aged 45 years, Occ. Secondary Grade Teacher, M.P.P.S, (NPS), Ipur Village and Mandal, Guntur District.
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- P Siddaiah, S/o P Pedda Peerusaheb (Late), aged 47 years, Opc. Secondary Grade Teacher, M.P.U.P.S, Gangavaram Village Kamalapuram Mandal, Y.S.R Kadapa District.
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- P Nagaratnamma, W/o Venkata Ramana, aged <sup>51</sup> years, Occ. Secondary Grade Teacher, M.P.U.P.S, Buchireddyvaripalli Village B. Kothakota Mandal, Chittoor District.
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- P Eswaraiah, S/o Not Know aged 80 years, Occ. School Assistant (Social Studies), M.P.U.P.S, Boyapalli Village Rayachoti Mandal, Y.S.R Kadapa District.
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- P Pari Naidu, S/o Sree Ramulu Naidu, aged 37 years, Occ. Secondary Grade Teacher, M.P.P.S, <sup>1</sup> onnavalasa Village, Vizianagaram Mandal and District.
...Petitioners
AND
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- The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Velagapudi Guntur District.
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- The Commissioner and Director of School Education, Anjaneya Towers 'B' Block, Ibrahimpatnam, Vijayawada, NTR District-521001.
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- The District Educational Officer, Guntur District, Guntur.
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- The District Educational Officer, YSR Kadapa District, Kadapa.
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- The District Educational Officer, Prakasam District, Ongole.
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- The District Educational Officer, Vizianagaram District, Vizianagaram.
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- The District Educational Officer, East Godavari District, Kakinada.
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- The District Educational Officer, Anantapur District, Anantapur.
District Educational Officer, Visakhapatnam District, Visakhapatnam. 9. The
lO.The District Educational Officer, Chittoor District, Chittoor.
...RESPONDENTS
under Article <sup>226</sup> of the Constitution of India praying that in Petition the circumstances stated in the affidavit filed therewith, the High Court may In the nature of Writ of Mandamus declaring the be pleased to Issue one action of the respondents in not awarding special points under spouse category/old station points and not permitting under preferential category as transfer counselling to the petitioners who are being affected not completed 8 years of in the earlier by the rationalization, as the petitioners are effecting compulsory transfer by identify as surplus under service and now reapportionment in G.O.Ms.No.187 dated 10-12-2022 and giving benefit to the teachers transferred in the year 2020 as illegal, arbitrary, discriminatory, unjust and contrary to law apart from being violative Article <sup>14</sup> and <sup>16</sup> of the of India consequentially direct the respondents to give benefit Constitution preferential category/special points under spouse category and to grant old station points respectively in view of the fact that they were affected by Transfers before 2020 in the of re-a pportionment and they were transferred in interest of justice.
lA NO: <sup>1</sup> OF 2023
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased ot direct the respondents to awarding special points under spouse category/old station points and permitting under preferential category as earlier transfer counselling to the petitioners respectively who are being affected by the rationalization, pending disposal of the above writ petition. in the
^ Counsel for the Petltioner(s):SRI. <sup>G</sup> <sup>V</sup> <sup>L</sup> MURTHY
Counsel for the Respondents: GP FOR SERVICES III X
The Court made the following Order:
*
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APHC010026732023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3457]
(Special Original Jurisdiction)
TUESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 1335/2023
Between:
P Santhosha Lakshmi and Others
$...$ PETITIONER(S)
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1.G V L MURTHY
Counsel for the Respondent(S):
1.GP FOR SERVICES III
The Court made the following:
ORDER:
The challenge in the present writ petition is relating to not considering the transfer counseling points in pursuance of G.O.Ms.No.187, School Education (Services.II) Department, dated 10.12.2022.
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The learned Government Pleader for Services-lll would submit that the said G.O. was withdrawn and that the subsequent G.O. was issued. In that regard, this Court in W.P.No.40701 of 2022 dismissed the Writ Petition as infructuous as similar issue was considered in the said Writ Petition.
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Considering the submissions, the Writ Petition is dismissed as infructuous. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. <sup>I</sup> <sup>I</sup> SDI- <sup>K</sup> KASIRAO ACHARl ASSISTAf^^EGISTRAR
FFICER //TRUE COPY// SEC
To,
V-
- One CC to SRI G V <sup>L</sup> MURTHY Advocate [OPUC] 1.
- FOR SERVICES 111, High Court of Andhra Pradesh 2. Two CCs to GP [OUT]
-
- Three CD Copies
HIGH COURT
DATED:07/05/2024
ORDER
WP.No.1335 of 2023