High Court for State of TelanganaWP/10824/2002allowed no costs

A.B.U.P.School,Pushadapuvaripalem, v. Secry,Education Dept,Hyd

2017-12-14Abhinand Kumar Shavili4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [ Special Original Jurisdiction ] THURSDAY THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND SEVENTEEN PRESENT HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 10824 OF 2002 Between:

A.B. Upper Primary School, Pushadapuvaripalem, Cherukupalli Mandal, Represented by its Manager & Correspondent Sri P. Ram Prasad ...

Petitioner V/s.

The State of Andhra Pradesh Represented by its Secretary, Government Education Department, Secretariat, Hyderabad & Ors.

....

Respondents Counsel for the Petitioner :

Sri N. Subba Rao Counsel for the Respondents :

GP for School Education [AP] The court made the following:

[order follows]

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 10824 OF 2002 O R D E R :

This writ petition is filed seeking a writ of mandamus directing the respondents to pay the maintenance grant at 6% to the respective schools of the petitioners herein w.e.f. 01/04/1978 onwards till the percentage is fixed by the Government by declaring the inaction of the respondents in not paying the maintenance grant as illegal and void.

2. Heard Sri N. Subba Rao, learned counsel for the petitioners and learned Government Pleader for School Education [A.P.].

3. Learned counsel for the petitioners and Learned Government Pleader appearing for the respondents submit that the issue involved in the present writ petition is squarely covered by the orders passed by this Court in WP.No. 3449 of 2003, dated 30/09/2016 and therefore pray to pass similar orders in this writ petition also.

5. Following the orders passed by this Court in WP.No. 3449 of 2003, dated 30/09/2016, this writ petition is allowed, directing the

respondents to pay the maintenance grant within a period of three months from the date of receipt of a copy of this order.

6. Registry is directed to annex a copy of the orders passed by this Court in WP.No. 3449 of 2003, dated 30/09/2016.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stands closed.

_______________________________ JUSTICE ABHINAND KUMAR SHAVILI.

14/12/2017 I s L

HONOURABLE JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 10824 OF 2002 Date: 14/12/2017 Circulation No. 73 Court Master : I s L.