IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 16751 of 1999 Between: M.V.B.Sastry S/o.Venkata Satyanarayana G.S.R.M.Upper Primary School, Mutyalampadu Vijayawada, Krishna District ..... PETITIONER AND 1 The Commissioner Vijayawada Municipal Corporation Vijayawada, Krishna Dist 2 The District Educational Officer Machilipatnam Krishna Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the first respondent in not giving seniority to the petitioner by taking his date of entry into service as B.Ed. Assistant with effect from 09/07/1968 as illegal, improper injust and contrary to law and further direct the respondents to revise the latest tentative seniority list Dt.26/11/1997 duly placing the petitioner at appropriate place and also direct the respondents to pay all consequential benefits including monetary benefits while treating the date of entry into service as 09/07/1968 and further declare the judgment of the Hon'ble Tribunal passed in OA.No.4412/98 Dt.30/07/1999 as illegal and lacks ratio decidendi and pass such other order. Counsel for the Petitioner: MR.P.GANGAIAH NAIDU Counsel for the Respondents : Smt. G. Jhansi The Court made the following : ORDER :: THE HOH’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE SANJAY KUMAR WP NO.16751 OF 1999 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 30-7-1999 passed in OA No.4412 of 1998 by the Andhra Pradesh Administrative Tribunal, as being illegal and lacks ratio decidendi and also declare the action of the 1st respondent in not giving seniority to the petitioner by taking his date of entry into service as B.Ed., Assistant with effect from 9-7-1968 as being illegal, improper and contrary to law and consequently direct the respondents to revise the latest tentative seniority list dated 26- 11-1997 duly placing the petitioner at appropriate place and also direct the respondents to pay all consequential benefits including monetary benefits while treating the date of entry into service as 9-7-1968. 2. Heard learned counsel for the petitioner and the learned counsel for the respondents. 3. The facts stated are the petitioner joined in service as B.Ed., Assistant in the year 1968 in an aided school and subsequently his services were terminated in the year 1983 against which the petitioner filed an appeal before the concerned DEO who eventually directed to reinstate the petitioner to duty. It is stated when the management of the school at which the petitioner was working in an aided post, refused to reinstate the petitioner, the Director of School Education gave directions to absorb the petitioner in any needy school by transferring the aided post and ultimately the petitioner was posted as B.Ed., Assistant at APSRMH School, Vijayawada. The management of the school in which the petitioner was working prior to his posting at the School in Vijayawada filed appeal before the Government challenging the transfer of the petitioner along with the aided post, and after considering the matter, the Government issued GO Rt.No.349, dated 18-2-1985, pursuant to which the Director of School Education issued consequential orders on 23-3-1985. It is stated that a writ petition, being WP No.13602 of 1985 was filed in this Court and the said writ petition was disposed of directing the Municipality to take the petitioner as B.Ed., Assistant on permanent basis in the schools managed by the Municipal Corporation for all purposes and set aside the impugned orders passed by the Government in GO Rt.No.349, dated 18-2-1985 and the consequential order passed by the Director of School Education. 4. It is borne out from record that the 1st respondent- Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District, vide proceedings dated 17-5-1984, provisional seniority list of B.Ed., Assistants working in Municipal Corporation Schools in Vijayawada was prepared and in that list the petitioner was placed at sl.no.55 taking into account the date of entry of the petitioner into service as 22-9-1984. It is stated that against the said seniority list, the petitioner made several representations to the authorities to fix his seniority by taking into the date of entry into service as 9-7-1968 instead of 22-9-1984, but to no avail and, therefore, the petitioner filed the present OA. By the impugned order the said OA was dismissed and hence this writ petition. 5. The point that arise for consideration is whether the entry of service of the petitioner is to be reckoned from 9-7-1968 or 22-9-1984 for the purpose of placing him at appropriate place in the list of seniority of B.Ed., Assistants. The order dated 26-9- 1989 passed in the writ petition no.13602 of 1985 directed that the petitioner shall be regarded as permanent member of the school managed by the 1st respondent for all purposes. Admittedly, the petitioner is seeking to take into account his past service which he rendered in the schools, in an aided post, in the schools managed by the 1st respondent, which is a different establishment. Therefore the action of the authorities in not taking into account the service prior to the transfer of his service to the school managed by the 1st respondent cannot be held to be illegal or arbitrary as the petitioner as to take the last place in the cadre of B.Ed., Assistants in the schools managed by the 1st respondent for the reason he was transferred from a different establishment. 6. In this view of the matter, we do not find any illegality or irregularity in the impugned order passed by the Tribunal warranting interference by this Court. The writ petition is accordingly dismissed. No order as to costs. _____________________ Ghulam Mohammed, J ___________________ Sanjay Kumar, J Dated : 28-1-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{LOBIS}