S Ramesh Kumar vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Harinath.N
Case Status:Unknown Status
Order Date:14 Jun 2023
CNR:APHC010175882023

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Order Issued After Hearing

Purpose:

Admission (Education )

Before:

Hon'ble D Ramesh

Listed On:

14 Jun 2023

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Order Text

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT#zkto~:::r§#;:=== __._I..ll llll-IenlrTlnN\ •fapzr : I|[=n ul,V]. `l,. . ..___ __ (SPECIAL ORIGINAL JURISDICTION) FRIDAY ,THE FIFTH DAY OF MAY WEDNESDAY, THE FOURTEENTH DAY OF JUNE, -TWO THOUSAND AND "ENTY THREE I.PRESENT: THE HONOURABLE SRI JUSTICE D. RAMESH

WRIT PETITION NO|. 9002 OF 2023

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Betwee n :

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    1. Dr. S. Ramesh Kumar s/o S. Suryanarayana, Aged 45' years, working as Superintendent, Bat Kendra, Rajam, Srikakulam District.
    1. V, Shankara Rao,'s/o V. Narayana Rao, ( aged 55 years, working as Drawing Instructor, in Ball Kendra, Rajam, srikakulam District,
    1. P.V.L.Ratnam, d/o P. Rama Krishna aged 51 years, working as Music Inlstructor, in Bal Kendra, Rajam, Srikakulam District.
    1. V.Taraka Rama Rao, s/o Kumar Rao, aged 39 years, working as Dance Instructor in BaI Kendra, Rajam, Srikakulam District.
    1. S.Guna Raja Sekhar, s/o Du,-g Rao, aged 27 years, working as Tabala Instructor, 'ln Bal Kendra, Rajam, Srikakulam Distr'lct.
    1. Sher Singh,s/a Naval Singh, aged 52 years, working as Superintenden.t Art Instructor,. Vizianagaram Bat Kendra, . Vizianagaram District.
    1. K. Sai Sudhakar, s/ Simhachalam, aged 35 years, working aS Music Instructor, in 'V'lzianagaram Bal Kendra, Vizianagaram District.
  • '8. Y. Anantha Pr'asad, s/o Apba Rao, aged 38 years, working Drawing Instru.ctor in Bal Kendra Vizianagaram, Vizianagaram D-lstrict.

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    1. K. Kumar Raja, s/o Appa Rao, (4) aged 35 years, working as Tabala lv#7Sit.r= =tno.r: =B_a I ^veLn_P_rLa ,-viI=-I i I:€=ra m. , Viz,'anagaram Djstr,'ct.
    1. P. Benard Kumar, s/o Asdppadham, aged 50 yeas, working as superinendent, Draw,'ng, Ba'a Kendra., p.alakollu, West Godavarj Dl'strict.
  • ll. P. Srinjvasulu, s/a venkatarao, aged 39 years, workl'ng as Dance instructor, ,'n Bala Kendra, Kr,'shna Vljayawada, Krishna Djstrjct.
  • 12, J. Vasu, s/o chandra Mouli, aged 52 years, working as Draw,'ng Instructor, in Guntur Bala Kendra, Guntur Dl'str,'ct.
    1. I. Kama' Basha, s/a I. Kama!daian aged 46'y-ears, work,'ng as Drawl'ng Instructor, ,'n Bala Kendra, ysR Kadapa.
    1. R. Muneeswar, s/o Muna,-ah, aged 58 years, working as Karate Instructor, Bala Kendra YSR.Kadapa.
    1. P. Hari Krishna, s/o palla Narayana, aged 36 years, work,'ng as weaving Instructor, Bala Kendra, ysR Kadapa.
    1. E. Prasad Reddy s/o .E. Chl'nnapu Reddy, aged.I 58 years, working as Super,'ntendent , Bala Kendra Nandya', Nandyala Distrl'ct,
    1. M. Naga Raju, s/o gala Munl'swami aged 56 years, working as Drawing Instructor; in gala Kendra, Nandyal, Nandya'a Dl'strjct.

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  1. CI Narasjmhulu, s/o c. venkata Ramana (5) aged 45 years, working as Dance I,nstructor,in Bale Kendra, Nandyaj, Nandyala District. I

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  1. K. Sudhaka,I, s/a K. Soma Sankarajah, aged 40 years, working as Taba'a lnsructor Bala Kerldra, Nandyal, Nandyala. I

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    1. V.Prasanna Kumar,I, w/o Mohan Rao, aged 40 years, workl'ng as Tai'orl'ng Instructor 3,Fz'iaanKaegnadrraarfuv5#:rliiaran1' `
    1. S,'ta Kumari, w/o s. singh aged 45 years,I working as Ta,'loring Instructor, in Bald Kendra, vl'zianagaram.
    1. P. Surya Kumari, w/o Rao, aged 51 years,working as Dance Instru'ctor, Bale Kendra vizianagaram, vizianagaram District.
    1. R. Prabhavati, w/o p,`chiranjeevj aged 50 years, working superintendent Bala Kendra, Tirupatl-, T,'rupati DI'Strict.
  • 24, T. Aruna, w/a L.Srjdhar Babu, aged 44 years, working as Tailoring Instructor, in Bala Kendra, ysR Kadapa.
  • 25-.a:^S^uEri^e€€r_a W/O GH.ru Kumar, aged 50 years, working as superintendent Tailorjng in Bala Kendra, ysR Kadapa. t
  • 26, K. Tjrupalu, w/a venkta Ramana, aged 42 years, working as Draw,-ng Instructor, jn Bala Kendra, ysR Kadapa.
    1. P.V.Durga Lakshm,;, w/o Ramana, aged 50 years, working as Tajloring Instructor, ,I,1 Bald Kendra, vl'j'ayawada, Krishna Distrl'ct. tb
  1. I. Narasimhulu, s/o Lakshmaiah, aged 49 years, Working as Attender, Bala Kendra, YSR Kadapa.

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    1. M,`Srinivasa Raju, s/a Bala Muniswami, aged 42 years, VIJOrking aS Attender Bala Kendra, Nandyal, Nandyal District,
    1. M. Harathi S/a M. Chitti Babu, aged 39 years, working aS Attender in Bala Kendra, V'lzianagaram. vizianagaram District.
    1. B.` Chinnari W/o B. Surya Rao, agee 55 years, , working as sweeper in Bala Kendra, vizianagaram, vizianagaram Distr'lct.
    1. K, Prema Latha, d/O K. Tsaacmillion, aged 55 years, working aS Attender in Bala Kendra Vizianagarm , Vizianagaram Dist.
    1. M. Srirain-uiu s/O K. Suraiah aged 45 years, working aS Sweeper, in Bala Kendra, Vizianagaram, Viziangaram + District.
    1. M.Kalavathi, W/O M. Satyanarayana, aged 56 years, working aS. Sweeper Bala Kendra, Eluru, West Godavari District.
    1. P. Harathi, w/a Krishna, aged 40 years, working as sweeper, Bala Kendra Tirupathi, Thrupathi District.
    1. G. Gowri Devi, w/o Venkata Sami, agec! 56 years, working aS Sweeper Bala Kendra, YSP` Kac]apa.
    1. Sk. Hussain Bee, w/o S. Hussain Peera, aged 32 years, working aS Sweeper Bala Kendra Nandyal, Na'ndyal District.

.. Pet-ltioner/s _-i---.-_.=^==_`.u=*|±il

AND

  1. The State of Andhra Pradesh, rep by its special Chief Secretary, School Education Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur. District,
    1. The Director and Special Officer, Jawahar Bal Bhavan, A.P., Door No. 331, 3rd Lane, Seetharama Nagar, Guntur, Guntur District, Amaravathi.
    1. The State Project Director, A.P. Samagra Shiksha, Amaravati, Padamata, Vijayawada.
    1. The Commissioner, School Education Department, State of A.P. Ibrahimpatnam, Kishna District.

RespondentS

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 to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declare the impugned Procs.Rc.No.1809986 /APSS/Admin/2023, dated. 15-3-2023, issued by the 3rd respondent, and G.O.Rt.No. 125 School Education (Pog.III) Department, Dated. 25-7-2022, issued by the 1St respondent, for Redeployment of the petitioners from Bala Kendras to A.P.Samagra Shiksha without their being any provision of law, as illegal arbitrary in contrary to the Establishment Rules of Bal Bhavan/Bal Kendra issued vide G,O.Ms.No. 201 Education Department, Dated. 12-3-1980, and Subordinate Service Rules of Bala Kendras and Bal Bhavans issued vide G,O.Ms.No. 167, Education (Prog.II) Department, Dated. 8-6-1998, now relieving the petitioners before implementing the orders passed in W.P.No. 36214 of 2018, dated. 29-8-2022, in pursuance of the impugned proceedigs dated. 15-3-2023, accordingly set aside the same, consequently direct the respondents to continue the petitioners in Bala Kendras until they upgraded as Bal Bhavan employees in terms of the orders passed in W.P.No. 36214 of 2018, dated. 29-8-2022.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the WRIT petition, the High Court may be pleased to grant stay all further proceedings in pursuance of impugned Proceedings Rc.No. 1809986 /APSS/Admin/2023, dated. 15-3-2023 issued by the 3rd respondent along with G.O.Rt.No. 125 School Education (Prog.III) Department, Dated. 25-7-2022. issued by the 1st respondent, including redeployment of the petitioners to A.P. Samagra Shiksha, Amaravathi, Pending disposal of WP 9002 of 2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier Orders of the High Court dated 18.04.2023 & 05.05.2023 made herein and upon hearing the arguments of Sri RAMALINGESWARA RAO KOCHARLA KOTA Advocate for the Petitioners and of GP FOR SERVICES-III for the Respondent Nos. 1,2,4 and Smt. SUDHA RANI, Standing Counsel for Respondent No.3 and the Court made the following.

ORDER

At request of the learned Standing Counsel for A.P. Samagra Shikha, post after four (4) weeks.

Interim order granted earlier sha" stand extended until further orders.

//TRUECOPY// , ASSISTANTRE%TRAR

To,

  1. One CC to SRI. RAMALINGESWARA RAO KOCHARLA KOTAAdvocate ` [OPUC]

I Sd/-K. KASIRAO ACHARl

For , SECTION OFFICER

    1. Two CCs to GP FOR SERVICES-Ill ,High Court Of Andhra pradesh. ~ [OUT]
    1. One CC to Smt. SUDHA RANl, Standing Counsel [opuc]
    1. One spare copy. , .u

NBR

HIGH COURT

DR,J

DATED:14/06/2023

post after four (4) weeks.

ORDER

WP.No.9002 of 2023

INTERIM ORDER EXTENDED

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Case History of Orders

Order(4) - 14 Jun 2023

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Order(5) - 14 Jun 2023

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Order(3) - 5 May 2023

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Order(2) - 18 Apr 2023

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Order(1) - 17 Apr 2023

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