High Court · 2025

21 .Baftu Srinivas, S/o. Parshaiah Aged about 41 yea$, Occ. post Graduate Teacher (ZooloSy) R/o. TGMS, Mirdoddi Village and Mandal Siddipet District 22-Ramacha Swathi, D/o. Kishan Aged about 37 years, Occ. post Graduate Teacher ([Vlaths) R/o. TGMS, Chinakodur Village and Mandal Siddipet District 23.Kola Praveen Kumar, S/o. K. Rajesham' Aged about 44 years, Occ. post 9raduate Teacher (lVaths) R/o. TGMS, Medipatty Village and Mandat Jagityat District

24.Poladi Kavitha, D/o. Agamaiah'Aged about 42 years, Occ. post Graduate Teacher (Civics) R/o. TGMS, Bejjanki, Siddipet District

25. Ch. Laxmi, D/o. Ch. fvlanohar Rao Aged about 42 years, Occ. post Graduate Teacher (Zoology) R/o. TGMS, Bejjanki Mandal, Siddipet District

26. Nalla Srilatha, D/o. Nalla Ramulu Aged about 40 years, Occ. post Graduate Teacher (Civics) R/o. TGMS, ltikyala, Raikal tnlandal Jagtial District

27. Ubbapalli Saidulu, S/o. Yallaiah Aged about 40 years, Occ. Post Graduate Teacher (English) R/o. TGMS, Thungapahad, Miryalguda Nalgonda District. 28.Sripadi Venkata Chary, S/o. Kotaiah Chary Aged aboul 42 years, Occ. post Graduate Teacher (Telugu) R/o. TGMS, Thuhgapahad, IViryalguda tVlandal Nalgonda District.

29. Nomula Yadagiri, S/o. Ramalingaiah Aged about 48 years, Occ. post 9raduate Teacher (Zoology) R/o. TGMS, Thungapahad, Miryalguda Mandal Nalgonda District.

30. Lakkamalla Savithri, D/o. Bazaq Aged about 37 years, Occ. post Graduate Teacher (Maths) Rl/o. TGtMS, Thungapahad, Miryalguda lrlandal Nalgonda District. 3l.Kandula Shiva Krishna, S/o. Anthaiah, Aged about 42 years, Occ. post 9.raduate Teacher (Telugu) R/o. TGMS, Gaddipally Viliage, Garidepaily {r4andal Suryapet District

32.8. Damla, S/o. Hachya Aged about 42 years, Occ. Post Graduate Teacher (Telugu) R/o. TGMS, Gaddipally Village, Nalgonda District

33. Shaik lsmail, S/o. Jabbar Aged about 44 years, Occ. Post Graduate Teacher (Telugu) R/o. TGMS, Kodapad Village, Kethpatly Mandat Nalgonda District 34.Mohammed Abdul Rabbani, S/o. John Aged about 43 years, Occ. post 9raduate Teacher (Telugu) Rl/o. TGMS, Kethepally Village, Kethepaily Mandal Nalgonda District.

35. Raja Ramesh Ganji, S/o. Kanthaiah Aged about 44 yearc, Occ. post Graduate Teacher (Maths) Rl/o. TGMS, Kethepally Village and tVlandat Nalgonda District

36. P. Sridhar, S/o. Durgaiah Aged about 45 years, Occ. Post Graduate Teacher (Chemistry) R/o. TGMS, Atmakur Village and lVlandal Nalgonda District 3T.Onteddy Saidi Reddy, S/o. Graduate Teacher (Maths) District Venkat Reddy Aged about 40 years, Occ. Post Rl/o. TGMS, Chinthapally, Village, Nalgonda 3S.Akkanapally Srinivasa Chary, S/o. Veera Chary Aged ab,lut 46 years, Occ. Post Graduate Teacher (Maths) Rl/o. TGMS, Narayanpur Village, Yadadri- Bhongir District

39. Shaik Rafi S/o. It4ahaboob Ali Aged about 42 years, Occ. Post Graduate Teacher (lt/aths) R/o. TGMS, Kethepally Village and Mancal Nalgonda District 40. tvlacherla Swapna, D/o. tu4. Satyanrayana Aged about 30 years, Occ. Post Graduate Teacher (Maths) R/o. TGMS, Karivirala Village. lrladigudem Mandal ' Suryapet District 41.L. Sunitha, D/o. LSN Reddy Aged abor:t 46 years, Occ. Post Graduate Teacher (Nlaths) R/o. TGI\,4S, Dugyala [Vlandal, Nalgonda District.

42. R. Balu Naik, S/o. Bugga Naik Aged about 43 years, Occ. Post Graduate Teacher (Economics) R/o. TGM6, Kampasagar, Nalgonda District

43. C. Anjaiah, S/o. Venkataiah Aged about 38 years, O<;c. Post Graduate Teacher (Civics) Fl/o. TGIr,4S, Gotlapally Village, Peddemul Mandal Vikarabad District

44.A. Vasu, S/o. A. Narasimha Chary Aged about 54 years, Occ. Post Graduate Teacher (Physics) Rl/o. TGMS, Duggyala Village, P.A. Pall'l tvlandal Nalgonda District

45.Sk. Altaf Hussain, S/o. Chand Basha Aged about 44 years, Occ. Post Graduate Teacher (Tehgu) R/o. TGIvlS, Duggyala Village. P.A. Pally lVlandal Nalgonda District

46.G. Vijay Bhasker, S/o. G. Venkat Ramulu Aged about 4(l years, Occ lost Graduate Teacher (Economics) R/o. TGt\ilS, Duggyala Village, P.A. Pally Mandal Nalgonda District

47. C. Sunitha, W/o. Bhasker D/o. Narasimha Aged about 5rl years, Occ. Post Graduate Teacher (Commerce) Fl/o. TGtt/S, Duggyala Village, P.A. Pally Mandal Nalgonda District

48. K. Ganesh S/o. Bixapathi Aged about 50 years, Occ. Posl Graduate Teacher (English) R/o. TGIVS, Vedli Village, Raghunathpally lvlandal Jangoan District 49.P. Anapurna, Dlo. Panduranga Rao Aged about 50 years, Occ. Post .Graduate leacher (English) Rl/o. TGMS, Shankerpally Village and Mandal Ranga Reddy District

50. A. Hemalatha. D/o. Rajaiah Aged about 41 years, C)r;c. Post Graduate Teacher (Civics) R/o. TGMS, Thadlakunta Village, Sirikonda Mandal Nizamabad District

51.E. Venkata Krishna Reddy, S/o. E. Papi Reddy Aged about 52 years, Occ. Post Graduate Teacher (Zoology) PJo. TGMS, Gotlapally Village, Peddemul Mandal, Vikarabad District

52.Ramesh Goud, Sio. Keshanna Aged about 44 years, Ccc. Post Graduate Teacher (Economics) R/o. TGMS, Dhanwada Village, Narayanpet District 53. K. Sathya Pramodi, S/o.K. Ivladhava Rao Aged about 4lZ years, Occ. Post Graduate Teacher (lVaths) Rl/o. TGIvlS, Mirdoddi Village ard Mandal Siddipet District

54.Dasari Triveni, Dio. D. Prabakar Aged about 42 years, C)cc. Post Graduate Teacher ({Sivics) R/o. TGIVS, Bachannapet Village ancl lt4andal Jangoan District t"

55.Nagabelli Sadanandam, S/o. Swamy Aged about 51 years, Occ. Post Graduate Teacher (Telugu) R/o. TGIVS, Somaram Village, Saidapur Mandal Karimnagar District

56.N. Kavitha, D/o. Laxman tMurthy Aged about 40 years, Occ. Post Graduate Teacher (English) R/o. TGMS, Thimmapur Village and ltrlandal Karimnagar District

57. Vorem Vikram, S/o. Lingaiah Aged about 43 years, Occ. Post Graduate Teacher (Maths) R/o. TGIVS, Kamalapur Village and Mandal Hanumakonda District

58.M. Renuka, D/o. M. Sudershanarn Aged about 51 years, Occ. Post Graduate 'Teacher (English) RJo. TGI\/S, Thimmapur Village and Mandal Karimnagar District.

59. C. Nagaraju, S/o. Narasimhulu Aged about 38 years, Occ. Post Graduate Teacher (Physics) R/o. TGMS, Akshanpally Village, Andole Mandal Sanga Reddy District

60.V. Padma, D/o. Nagabhushanam Aged about 46 years, Occ. Post Graduate Teacher (Botany) R/o. TGMS, Mulkanoor Village, Bheemdevarpally lt/andal Hanumakonda District

61.Naga Prasanna, D/o. Chandramouli Aged about 44 years, Occ. Post Graduate Teacher ([/aths) Rl/o. TGIMS, Gollapally Village and Mandal Jagityal District

62.Kamre Prem Kumar, S/o. Mallesh Aged about 41 years, Occ. Post Graduate Teacher (Zoology) R/o. JGIvlS, Bhazarhatnoor lVandal, Adilabad Mandal and District

63. Sunkari Sailoo, S/o. Durgaiah Aged about 48 years, Occ. Post Graduate Teacher (Civics) Ryo. TGtMS, Tekmal Village and Mandal, tvledak District 64. M. Suresh, S/o. tvl. Galayya Aged about 41 years, Occ. Post Graduate Teacher (Economics) R/o. TGtViS, Bantwaram Village and Mandal Vikarabad District

65.Md. Azizuddin Ahmed, S/o. Ahmeduddin Aged about 44 years, Occ. Post Graduate Teacher (Maths) Ryo. TGMS, Narayanpur Mandal, Yadadri-Bhongir District

66.Sk. Shabbir Ahmed, S/o. Shaik Gundu Aged about 42 years, Occ. Post Graduate Teacher (Chemistry) R/o. TGMS, Mallapur Mandal, Jagtial District 6T.tanaparthi Mallesham, S/o. Lachaiah Aged about 42 yearc, Occ. Post Graduate Teacher (Economics) R/o. TGMS, Konaraopeta Village, Rajanna - Sircilla District 6S.Malothu Krishna, S/o. It/angtha Aged about 42 yearc, Occ. Post Graduate Teacher (Chemistry) R/o. TGA/S, Pasnoor Village, Nagaram Mandal Suryapet District.

69. K. Ravinder, S/o. K. Somla Aged about 39 years, Occ. Post Graduate Teacher (Chemistry) Ryo. TGil/S, Raikole lVlandal, Sangareddy District

70.Y. Nagaraju, S/o. Ramulu Aged about 41 years, Occ. Post Graduate Teacher (Chemistry) R/o. TGMS, Karivirala Village Nadigudem Mandal, Suryapet District

71. tvl. Nagaraju, S/o. Narsimha Aged about 40 years, Occ. Post Graduate Teacher (Botany) Rl/o. lbrahimnagar Village, Chinnakoduru Mandal Siddipet District

72.Boyini Kishtaiah, S/o. Saraiah Aged about 41 Teacher (Telugu) Rl/o. TG[/S, Somaram Karimnagar District. years, C)Cc. Post Graduate Village, Saidapur Mandal

73. Cherala Raman, S/o. Mallaiah Aged about 42 years, Or:c Post Graduate Teacher (Telugu) R/o. TGMS. Mulkanur Village, Bheemadevarpally Mandal Hanumakonda District

74.Fasi Ahmed, S/o. tr/ohd. Abdul Ghani Aged about 4€i years, Occ. Post Graduate Teacher (English) R/o. TGt\,4S, Kethepally Villagte and Korlapahad lVlandal Nalgonda District. T5.Sangeetha lr/aloth, D/o. Gopal Aged about 41 years, O:c. Post Graduate Teacher (Chemistry) Rl/o. TGMS, Bejjanki Village and Mancial Siddipet District 76. D. Naresh Kumar, S/o. Meenaiah Aged about 42 years, (:)cc. Post Graduate Teacher (Botany) F/o. TGMS, Nidamanoor Mandal, Nalgonda District TT.Cheruku Nagaaju, S/o. Chinanjaiah Aged about 39 years, Occ. Post Graduate Teacher (N,'l;tha) R/o. TGMS, Penchikalpalem Village, t)evakonda Mandal Nalgonda District

78.V. Sangeetha, D/o. Ir/allaiah Aged about 42 yearc Or:c. Post Graduate Teachei (Chemistry) R/o. TGIVS, Bazarhatnoor Village and Nrlandal Adilabad District

79.Ch. Ramesh, S/o. Satyam Aged about 43 years, Occ. Post Graduate Teacher (Economics) RJo. TGtt/S, 'Bollaram Village, Jinnaram lilandal Sangareddy District

80. R. Bhavya, D/o. Rammurthy Aged about 37 years, C)r;c. Post Graduate Teacher (English) R/o. TGMS, Gavicherla Village, Sangem Mandal, Warangal District

81. Boga Surender, S/o. Laxman Aged about 40 years, O':c. Post Graduate Teicher (Commerce) R/o. TGtMS, t\/edipally Village and ltlandal Karimnagar District

82. B. Ramesh, S/o. Narasaiah Aged about 43 years, Ctt;c. Post Graduate Teacher (Civics) R/o. TGMS, Namapuri Village, lvlustabad lVandal Rajanna - Sircilla District.

83.Md. Nayeem, S/o. Mohd. Yousuf Shareef Aged about 40 years, -Occ. Post Korlapahad Graduaie Teacher (English) R/o. TGIMS, Kethipally Mandal Nalgonda District "/illage, 84lMeravath Rama Naik, S/o. Thejya Aged about 42 yearc, Occ- Post Graduate Teacher (Commerce) R/o. TGttIS, Kampasagar, Tripuraranr lvlandal Nalgonda District S5.Lavoori Dhakya, S/o. Keshya Aged about 40 years, C)cc. Post Graduate Teacher (Che'mistry) Rl/o. TGIr/S, lvlattampally Village an,J [\/andal Suryapet District

86. Budiga Veerababu, Graduate Teacher Suryapet District S/o. Ramaswamy Aged about 46 years, Occ. Post (Civics) R/o. TGMS, Ir/atampally \/illage and Mandal

87.Janaki Ramulu Ananthula, S/o. Bakkaiah Aged about 44 years, Occ. Post Graduate Teacher (Telugu) Rl/o. TGlvlS, Vemulapally Village, Nalgonda District B8.Lavoori Vachya, S/o. Keriya Aged about 47 yea$, O:c. Post Graduate Teacher (Economics) F/o. TGMS, Shabad Village and lr,4erndal Ranga Reddy District. Bg.Bhojanna, S/o. Pandari Aged about 43 years, Occ. Post Graduate Teacher (Civics) F/o. TGIVS, Boath Village and lvlandal Adilabad District. g0.Sidhapangu Venkanna, S/o. Kotaiah Aged about 40 years, Ocg. Pqs! Graduate-Teacher (English) R/o. TGIVS, Gurrampod Village and Mandal Nalgonda District. 91-Deshapaka Anand, S/o. Sarvaiah Aged about 46 years, Occ. Post Graduate Teachi:r (Political Science) Fl/o. TGMS, Gurrampod Village and [Mandal Nalgonda District

92. Gajula Kurumurthy, S/o. Balaswamy Aged about 49 years, Occ. Post . Griduate Teacher (Telugu) R/o. TGIvlS, Khila Ghanpur, Wanaparthy District 93.[v1d. Nizamuddin Farwaz, S/o. Md. Abdul Rasheed Aged about 47 years, Occ. Post Graduate Teacher (English) R/o. TGMS, Khila Ghanpur, Wanaparthy District

94.GW Vijay Kumar, S/o. G. Manyam Aged about 47 yearc, Occ. Post Graduate Teacher (Zoology) F/o. TGMS, Khila Ghanpur, Wanaparthy District.

95.K. Sandhya, D/o. K. Nageshwar Rao Aged about 46 years, Oc_c. Post Graduate ieacher (Enqlish) R/o. TGMS, Khila Ghanpur, Wanaparthy District 96.8. Padma, D/o. B. Nagireddy Aged about 38 years, Occ. Post Graduate Teacher (Zoology) PJo. TGtVlS, Koder Village, Nagarkurnool District

97. B. Shashikala, D/o. B. Venkataiah Aged about 43 years, Occ. Post Graduate Teacher (Civics) Ri./o. TGMS, Khila Ghanpur, Wanaparthy District

98.K. Raghavendar, S/o.,K. Venkateshwarulu Aged about 41 .Lqars, Occ. Post Graduate Teacher (Maths) F/o. TGMS, Koder, Nagarkurnool District

99.V. Suguna Reddy, D/o. Anantha Reddy Aged about 44 years, O-cc. Post Graduate Teach6r (Telugu) R/o. TGMS, Vennached Village, Gandeed Mandal, Mahabubnagar District

100. Boddupally Nageshwar Rao, S/o. Narsaiah Aged about 37 years, Occ. Post Graduate Teacher (Chemistry) Fl/o. TGMS, Dharpally Village and Iti'landal Nizamabad District.

101. B. Hemalatha, D/o. B. Chandraiah Aged about 42 years, Occ. Post Graduate Teacher (Botany) Fi/o. TGIVIS, Komatipally, Ramayanpet, ltrlandal Medak. District. i AND ...PETlrroNER(s) '1 . The Government of Andhra Pradesh, Rep by its Principal Secretary Education Department, Secretariat Velagapudi, Amaravathi Guntur District, Andhra Pradesh t

2. The State of Telangana, Rep. by its Special Chief Secretary to Govt. Education Department, Secretariat, Hyderabad

3. The Commissioner and Director of School, Education Ex-officio Project Director, RlVlSA, Vijaywada Andhra Pradesh

4. The Commissioner and Director of School, Education Ex-officio Project Director, RMSA, Hyderabad Telangana

5. The Secretary (earlier known as Additional Directo|, Model Schools, Vijayawada, Andhra Pradesh b The Additional Director, Model Schools, Hyderabad .Ielangana ...RESPONDENTS t Petition Under ArticE 226 of the Constitution of lndia praying that in lhe circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not assigning the notional seniority , to the petitroners on par with the first phase candidates w.e.f 1410612013, thereby depriving the petitioners for the benefits of revised pay scales of 2015 and 2020 at par with first phase candidates pursuant to Notification No. 01/RMSA/Model Schools/2012 dated OG10212012 as arbitraty, illegal, unjust, contrary to the provisions of Rule 33(b) of the Telangana State and Subordinate Service Rules, 1996 and violation of Article 14, 16, 21 and 300-4 of Constitution of lndia besides being contrary to the Judgment of the Honouable Apex Court in Civil Appeal No. 9103 and 9104 of 2013 datedl6/0312018 and Judgment of this Honouable Court in WP Nos. 36093 and 35011 of 2022 dated 1711112022 and consequently hold that the petitioners are entitled to assign notional security on par with the first phase,candidates w.e.f 14lOGl2O13 in accordance with Rule 33(b) and 36(i) of the Telangana State Subordinate Rules, 1996 as observed and directed by this Honouable Court in WP Nos. 36093 and 350'l '1 of 2022 dated 1711112022 in the light of the Judgment of the Honouable Apex Court in Civil Appeal No. 9103 and 9104 of 20'l 3 dated 1610312018 pursuant to the Notification No. 01/RMStufvlodel Schools/2o12, dated 0610212012 and to extend the benefits of Revised Pay Scales 2015 and 2020 al par with first phase candidates with all consequential benefits including the arrears of salary and increments thereof. t I l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the ciroumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith extend the benefits of Rr:vised pay scales of 2015 and 2020 by duly assigning the notional seniority to lhe petitioners on par with the first phase candidate pursuant to the Notification \o. 01/RMSA/tVodel Schools/2O12, dated 0610212012 ds per the judgments of the Honouable Apex Court in C.A No. 9'103 and 9104 of 2013 dated 1610312018 and judgment of the Honouable Court in WP No. 36266 of 201 63 dated 161041201 i) and WP No. 36093 and 3501 1 of 2022 dated 1711112022, pending disposal of the main writ petition. Counsel for the Petitioners : SRI S.SANTOSH KUMAR, ADV,CCATE FOR SRI A,PHANI BHUSHAN Counsel for the Respondent Nos.1, 3 & 5 : SRI B.RAJESHWAR REDDY (G.P. FOR STATE OF ANDHRA PRADESH) Counsel for the Respondent Nos.2, 4, 6 : SRt SANTHAPUR SATYANARAYANA RAO, LEARNED G.P FOR SERVICES. I The Court made the following ORDER t a THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION No. 1 0578 0F 202s ORDER: (per Ilon'ble S.i Justice P.SanL KoshA) Heard Mr.A.Phani Bhushan, learned.counsel for the petitioners, Mr. Santhapur Saeranarayana, learned Government pleader for Services-l appearing for responderit Nos.2, 4, 6 and Mr. B. Rajeshwar Reddy, learned Government Pleader for the State Andhra pradesh, appearing for respondent Nos. 1, 3 & 5. Perused the material available on record 2 The instant writ petition has been filed seeking for the following relief "to issue Writ, Order, or direction more particulctrlg one in the nature of Writ of Mandamts declaing the action of the respond"ents in not assigning the notional senioitg to the petitioners on por uith the first phose candidotes u.e.f 14-06-2O13, thereby depiuing the pe\tioners for the beneftts of reuised pay scales of 2O15 and 2020 at par uith first phase candidates pursuant to Notification No.Ol/ RMSA/ Model Schools/ 2O12, dated.06 O2-2O12 as arbitrary, ittegal, unjust, contrary to the prouisions of Rule 33(b) of the Telangana State and Subordinate Seruice Rules,1996 and uiolation of Article 14, 16, 2 1 and 3OO-A of the Constitution of India besid_es being contrary to the judgment of the Hon'ble Apex Court tn in Ctuil Appeal No. 9103 and 91O4 of 2013, dated 16-03 2O1B and. Judgment of this Hon'ble Court in W.P.Nos.36O93 and 35O11 of 2022 dated 17-11-2022 and consequently hotd that the petitioners are entitled to assign the notional senioity on par uith the first phase candidates u.e.f.74-06-2o13 in accordance uith Rule 33(b) \ ond 36 (i) o.f the Telangana State ctnd Subordinctle Seruice Rules,1996 as obserued and directed bg thts Hon'ble Court in W.P.Nos..l6O93 and 35011 of 2022 doted 17 1 I 2'022 and W.P.I'{o.4873 of 2025 dated O2-04-2025in the tight of tlrc ludgment of the Hotr'ble Apex Court in in Ciuil Appeol No. 91O3 crnd 91O4 of 2013, rLcLted 16 03 2018 pursuant to the A'ott"fication No.Cl / RL'ISA/ Model Schoots/ 2012, dated.O6 02 2012 and to extend th.e benellts of Reuised Pag Scales 2015 and 2C20 at po,r tuith Jirst phctse candidates uith all consequentictl benefit: including the anrears of salary and increments thereof and to pcrss :;uch oth.er order or oders as thts Hon'bte'Court maA deemft and pntper".

3. The grievance of the petitioners in a nutshell is, that pursuant to an order passed by the .. Division Bench of this; High Court in W.P.Nos.36.,093 & 35011 of 2A22, decided on 17.71.2022, the respondents v.,ere specifically directed to draw a conlbine merit list of direct recrui+.s of 2Ol2 by interspersing Telugu Mec[ um and trnglish Medium Post Graduate teachers artd then determine inter se seniority of direct recruits based on the merit secured by each ,rf the candidates without regarcls to the date of joining and the roster point of t reservation. 4 . Admittedly, the aforesaid judgment of this FI igh Court dated

17.11.2022 bv efflux of time has attained finality. The Government of Telar-rgana a-1so has principally accepted the said judgment to be binding upon th e department so far as the impiernentation of the instructions/ clirections given in the said judgment is croncerned

5. In the process, as a consequence of the disposal of those two writ petitions, the respondents were required to publish a fresh seniority list consisting of candidates belonging to the two mediums and inter se seniority was required to be provided in terms of the merit secured by each of the candidates in the selection process.

6. Down the line, the grievalce of the petitioners as on date is that the seniority list that the respondent/ State of Telangana has now prepared would provide the seniority to the petitioners in accordance with the orders passed in the afuresaid two writ petitions. 7 . However, for the reason that the persons who had given joining on earlier period i.e., the first batch having joined on 14.06.2013 were drawing more salar5r than the petitioners herern, even though the seniority has been rectihed and the petitioners were granted seniority at par with the first batch of caldidates. B It ls this disparity in the pay between the two set of candidates who were granted seniority from the same date of joining of the first batch i.e., 14.06.2013 which has led to the filing of the present writ pet1tlon.

9. The two Governments i.e., the State of Andhra Pradesh as also the State of Telangana have filed their respective counters. The State of Andhra Pradesh has washed their hand off in their counter stating that the granting of seniority artd the pay in the instant case is exclusively r.r'ithin the domain of the State of TelzL:-rgana as all the petitioners are u'orking in the State of Telangana arLrl therefore, there is no liabilitv or responsibility as such casted upon the State of Anclhra Pradesh.

10. The learn ed Government Pleader appearing for the State of Telalgana fairly conceded that' they are bound by tLLe decision of the Division Bench of this High Court in W.P.Nos.36093 & 35011 of 2022 which stands decidecl on 17.I1.2O22. He further ':ontends that in terms of the dircctions in the said judgment of the I)ivision Bench of this High Court as also in term of Rule 33(B) of the State Sub-Ordinate Service Rules 1996, the inter se seniority betweetr the two set ol candidates have been rectified and the petitioners have also been granted seniorit-r, at par with the first batch of can<lidates who r'r'ere given joining on 14.06.20 i3. Thus the order of Divi:;ion Bench of this Couit stands fulh' honoured.

11. So far as disparity in the salary among the two set of candidates are concerncd, the learned Government Pleader appearing for the State of TelarLgana submits that the disparity that has arisen because of the fact that the employees/ officers who were ap[)ointed and given joining on 14.06.2013 and the fact that they had ,:ome in the State cadre earlier to the petitioners they were getting higher salary AS compared to the petitioners whose date of joining was much subsequent

12. Learned Government Pleader further submits that for the reason so far as the date of joining of the petitioners herein being of a subsequent period, the salary was bound to be lesser than the people who were appointed in the earlier period of time. Thus, the Government has ensured that the inter se seniority is provided strictly in accordance with the directions given by the Division Bench of thrs High Court in the aforesaid two writ petitions decided on 17.1 1.2022

13. Given the aforesaid factual matrix of the case, all that we need to consider at this juncture is whether in the given factual circumstances, the petitioners in the present writ petition would be entitle for parity of pay at par with the candidates who have granted joining r,lith effect from 14.06.2013 or not

14. It would be relevant at this juncture to take note of the operative part of the order passed by the Division Bench in the aforesaid two writ petitions which stood disposed of on 17 .II.2022

23. Further, the assertion of the respondent authorities on scope of General Rule 33 shows their poor understalding of the Rules. Generai Rule 33 mandates determination of inter se seniority of direct recruits \ \\ :l based or-r merit secured in the recruitment exzr.rrination and not based on date of joining. Further, p roviso to General Rule 33 (b) requires assigning notiona.l dates of commencement of probation to caldidates jolned later based r;n order of merit. Rule 36 (i) is more e'mphatic on this aspect. Thus, on a combined reading of General Rules 33 (b) and 36 (i), it is very clear that seniority of direct recruits has to be determined based on merit secured in the recruitment examination irrespective of date o[ joining ald wherever necessary tc assign notional dates of commencement of probation. 24. Be[ore deterrnining seniority of Post r]iraduate teachers thc slgrn6filary requirement is to draw a combined merit list ol candidates belonging tc, Telugu Medium and English Medium streams sele,cted in pursuan[ to recruitment notification dated 06.(t2.2012. This exercise is yet to be undertaken, even tholrgh long ago Hon'ble Supreme Court directed to de,termine common merit of all candidates irrespective of their medium of study. There calnot be a seniorit.T list of direct rccruits \^ it hout a merit list- 25. One otl-rer aspect need to be noticed is that the selectior-rs w.ere made before division of combin.r:d State of A.P. 'Iherefore, the authorities ought to han't: drawn combinect merit list of all candidates appointecl in both States pursuant to 2012 selections. No such combined list is dralr,n so far. Alternatively, the employer in Telangana State ought to have drawn the nermes of candidates appointed in Telangana Sta te by .\ interspersing Telugu Medium and English Medium candidates according to their merit and then proceed to determine inter se seniority of Post Graduate Teachers recruited in pursuant to 2012 recruitment. 26. Thus, the provisional seniority list impugned herein is vitiated on several counts, ex-facie illegal, contrary to statutory mandate, principles of law'and directions of Hon'ble Supreme Court. It amounts to arbitrary exercise of power. It deserves to be set aside and is accordingly set aside. The respondent-employer is directed to draw combined merit list of direct recruits of 2Ol2 by interspersing. Telugu medium and English medium Post Graduate Teachers and then to determine inter se seniority of iirect recruits based on the merit secured by them, without regard to date of joining and roster points for reservation.

27. The Writ Petitions are accordingly allowed. Pending miscellaneous applications, if any, shall stand dismissed.

15. The plain perusal and observing the directions given by the Division Bench in the aforesaid paragraphs makes it amply clear that the Division Bench of this High Court had struck down the provisional seniority list that was earlier prepared by the department and had directed the State Government to prepare a combine merit list and thereafter to provide seniority to each of the candidates in accordarce with their respective merits position --,-- ={ Page 8 of L0

16. Further, rvhat is also reflected from the order of the Division Bench is that apart from directing the State Government for preparation of neu, combined merit list and seniorilr list, it was also directed that the seniority has to be prepared ignoring the date of joining of the candidates which in other words m t:ans that all the candidates r.r'ould have to be granted seniority strictly in accordance with their merit position irrespective of the date of joining. 17 . Thus, the car-rdidates who were given joining orL 14.06.2013 and the candidates who have given their joining on subsequent period all would have to be granted seniority with effect lront 14 .06 .2O 13 and their senioritt- list inter se has to be prepared in accordance with therr merit position in the list.

18. In the course of fixing the seniority for the pr:titioners as well frorn 14.06.20 13 which has been accepted by the Strate of Telangana, we do not fincl any good reason as to why even thereafter any disparity f of pay between the two set of candidates who have been granted appointment/ seniority from the same date should remain. This in other words also lead to a situation where though the order of the Division Bench in the two writ petitions decided on 17.11.2022 would stand complied rvith but the beneficiary i.e., the candidates who had given joining on subsequent period r.r,ould not be able to reap the fruits from the said seniority list so prepared by the respondents. Their grievance in other way still remains though their writ petition earlier stood allowed.

19. In the given factual circumstances we are inclined to allow the writ petition so far as protecting the petitioners to the extent of granting pay parity with notional seniority to them at par with their counter parts who have been granted joining with effect from

14.06.2013 onwards. However, we make it clear that the benefits that shall be given to the petitioners,herein would only be notional fixation from 14.O6.2013 till O1.O7.2O25 and henceforth from O1.O7.2025 onwards the petitioners would be entitle for the benefits of the salary at par with the candidates who were given appointment and joined with effect frorn 14.06.2013 onwards

20. With the aforesaid directions, the instant writ petition stands allowed. f,{o order as to costs Asa sequel, miscellaneous applications pending if any, shall stand closed. To I //TRUE COPY// SD/.MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER esh, Education ntur District, Andhra

1. The Principal Secretary, Government of Andhra p Department, Secretariat Velagapudi, Amaravathi Pradesh. Secretariat, State of Telangana at Hyderabad.

2. The Special Chief Secretary to Government, Education Department, 3. The Commissioner and Director of School, Education Ex-officio project 4. The Commissioner and Director of School, Education Ex-officio project 5. The Secretary (earlier known as Additional Director), Model Schools, Director, RMSA, Vijaywada Andhra Pradesh. Director, RI\/SA, Hyderabad Telangana. Viiavawada. Andhra Pradesh ff1

6.. The Additional Director, Model Schools, Hyderabad Telang ana. 7. Two CC's to G P FOR SERVICES - l, High Court for the S;late of Telangana B. One CC to SRI A.PHANI BHUSHAN, Advocate [OPUC] 9. One CC to SRI B.RAJESHWAR REDDY (G.P. FOR STATE: OF ANDHRA at Hyderabad. (OUT) PRADESH ) Advocate [OPUC]

10. Two CD Copies SA GJP \ t j I .,4-,,- //i ,, .\ 'r i .; l,,ll ,c "'' 1 0 Jtr 2025 tl(' +:1,,,/ ,:v9/ PAT( HIGH COURT DATED:25l06tz\2| I I ORDER WP.No.10578 of 2O2S \ ALLOWING THE W.P WITHOUT COSTS. @ ,aK \0