Telangana High Court

WP/24888/2004 of Choudari Appalanaidu, Vs The Government of Andhra Pradesh, on 31 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24888 of 2004 Between: Choudari Appalanaidu, S/o. Sanyasi Appadu, R/o. Sainagar,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 24888 of 2004

Between:

Choudari Appalanaidu, S/o. Sanyasi Appadu, R/o. Sainagar, Amadalavalasa, Srikakulam District.

AND

..... PETITIONER

1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Education (P.S), Department, Secretariat Building, Hyderabad.

2 The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad.

3 The District Educational Officer, Srikakulam.

4 The Manager and Correspondent, Gandhi Dheena Bandhu Ashram U.P.

School, Amadalavalasa, Srikakulam District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction more particularly one in the nature ofWrit of Mandamus declaring the action of the Respondents in not considering thecandidature of the Petitioner for reappointing as B.Ed.Assistant (Science) in SriGandhi Dheena Bandhu Aided Ashram U.P. School Amadalavalasa, the 4thRespondent herein in the vacancy caused due to the death of J. Samba Murthy isillegal, arbitrary, erroneous, violative of principles of equality and fundamental rightsbeing guaranteed under the Constitution of India and consequently direct theRespondents to reappoint the Petitioner as B.Ed. Assistant (Science) in Sri GandhiDheena Bandhu Aided Ashram U.P. School, Amadalavalasa, 4th Respondentherein in the vacancy caused due to the death of J. Sambha Murthy with all consequential benefits.

Counsel for the Petitioner: MR.Y.V.RAVI PRASADCounsel for the Respondents 1 to 3: GP FOR SCHOOL EDUCATIONCounsel for the Respondent No.4.

The Court made the following :

THE HON’BLE SRI JUSTICE K.C.BHANU

Writ Petition No.24888 of 2004

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ORDER:

The main writ petition itself is taken up for disposal at the stage of admission, sincethe prayer in the main writ petition itself is an innocuous prayer to consider thepetitioner’s case to re-appoint as B.Ed. Assistant (Science) in the vacant post of the4[th] respondent-school, which caused due to the death of one J.Samba Murthy.

Consequent upon the death of its employee J.Samba Murthy, appropriate decisionhas to be taken by the 3[rd] respondent in accordance with the rules and regulations.

Therefore, the Writ Petition is disposed of with a direction to the 3[rd] respondent totake appropriate decision in accordance with the rules and regulations and inpursuance of the representation of petitioner dated 08-12-2004, within a period ofthree months from the date of receipt of a copy of this order. No costs.

____________

K.C.BHANU, J.

Dated 31-12-2004.SKMR

To

1 The Principal Secretary, the Government of Andhra Pradesh, Education (P.S), Department, Secretariat Building, Hyderabad.

2 The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad.

3 The District Educational Officer, Srikakulam.

4 The Manager and Correspondent, Gandhi Dheena Bandhu Ashram U.P.

School, Amadalavalasa, Srikakulam District.

5. 2CCs to G.P. for School Education, High Court Buildings, Hyderabad(OUT).

6. 2CD copies

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