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Andhra Pradesh High Court - Amravati

Murram Kavitha vs The District Educational Officer on 14 February, 2024

APHC010454252021
                     IN THE HIGH COURT OF ANDHRA PRADESH ::
                                   AMARAVATI
                             (Special Original Jurisdiction)               [ 3459
                                                                                 ]

                   WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY
                        TWO THOUSAND AND TWENTY FOUR
                                 PRESENT

           THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

      WRIT PETITION TRANSFERED FROM APAT NO: 1558 OF 2021

Between:
  1. MURRAM KAVITHA, D/o. Dulaiah, working as SGT, MPP School
     Chuturu, Chinturu Mandal, E.G.District.

                                                               ...PETITIONER(S)
                             AND
   1. THE DISTRICT EDUCATIONAL OFFICER, East Godavari, Kakinada
      533001.
   2. The Commissioner and Director of School Education, Andhra Pradesh,
      Ibrahimpatnam, Amaravathi, Guntur District.
   3. The State of Andhra Pradesh, represented by its Principal Secretary,
      School Education Department, Velagapudi, Guntur, Guntur District
      522 001.
   4. Smt Surnapaka Usuma, W/o. D Pullaiah, working as School
      Assistant, MPUPS Gollagudem, Nellipaka Mandal, Resident of
      Medivaya Village, Ettapaka Mandal, East Godavari District 533 352.

                                                               ...RESPONDENTS

pleased to declare the action of the respondents in not considering the case of the applicant for promotion to the post of School Assistant (BS) even though she is at S.No.1 as per seniority list dated 01-09-2017 which is prepared as per Rules for the panel year 2017-2018, as illegal, arbitrary, discriminatory, unjust and subversive of Articles 14, 16 and 21 of the Constitution and consequently direct the respondents to consider the case of the applicant for promotion to the post of School Assistant (BS) by taking into consideration of applicants acquiring requisite qualification of B.Ed in Biological Science on 25-2-2004, with all consequential and service benefits IA NO: 1 OF 2021 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 pleased to permit the applicant to implead the proposed respondent as party respondent No.4 in the O.A.No.385/2018 IA NO: 2 OF 2021 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 pleased to direct the 1st respondent to consider the case of the applicant for promotion to the post of School Assistant (Biological Science) in the existing vacancy at ZPHS Mothugudem, Chinturu Mandal, E.G.District strictly as per her seniority and eligibility Counsel for the Petitioner(s): SRI. K ASAD AHAMED Counsel for the Respondents: GP FOR SERVICES III The Court made the following:

Sri K.Asad Ahamed, learned counsel for the petitioner, submits that the cause in the writ petition does not survive for adjudication and the writ petition becomes infructuous.
In view of the above, the Writ Petition is dismissed as infructuous.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
________________________ SUMATHI JAGADAM, J 14th February, 2024 ANS 115 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION TRANSFERED FROM APAT NO: 1558 OF 2021 Date: 14.02.2024 ANS