Telangana High Court
WP/20957/2003 of Satya N.v. Vs Government of Andhra Pradesh repby its Secretary on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 20957 of 2003 Between: Satya N.v. s/o late Basaveswara Rao LPCT, Gujarati
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAOWRIT PETITION NO : 20957 of 2003
Between:
Satya N.v. s/o late Basaveswara Rao
LPCT, Gujarati Vidyalaya, Vijayawada-520 001
..... PETITIONER
AND
1 Government of Andhra Pradesh repby its Secretary School Education,Secretariat, Hyderabad 2 The Commissioner and Director of School Education, Government of AP
Hyderabad
3 District Educational Officer, krishna district, Machilipatnam AP
4 LPCT. Gujarati Vidyalaya, RR Appa Rao Street, Vijayawada pin 520 001
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue Writ of Mandamus or any other appropriate Writ or order or direction: (a)declaring that the Memo bearing No. 6613/PS.I/2003-1 dt 7-7-2003 issued by thefirst respondent as arbitrary, illegal and unjust, 9b) declaring that the action of therespondents in not absorbing the petitioner as Craft Teacher in aided service in the4th respondent school, as arbitrary, illegal and unjust and issue a Consequentialdirection directing the respondents to absorb the petitioner as Craft Teacher in aidedservice with all consequential benefits Counsel for the Petitioner:KUM.C.SINDHU KUMARI
Counsel for the Respondents: G.P. for School Education.
The Court made the following :
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ORDER:
Heard both sides and at their request the main Writ Petition itself is taken upfor disposal.
Petitioner herein, who has been working as Craft Teacher with the fourthrespondent School herein, filed this Writ Petition, inter alia, seeking for Mandamuschallenging the correctness of the impugned proceedings dated 7.7.2003, rejectinghis case or converting her post of Craft Teacher into that of an aided one and alsodeclare that the action of the respondents in not absorbing the petitioner as CraftTeacher in aided service with the 4[th] Respondent School as arbitrary and illegal.
The brief facts of the case are that the petitioner was appointed on 26.9.1995in the 4[th] respondent School as a Craft Teacher and subsequently, as per theproceedings dated 20[th] January 1996, the third respondent-competent authority hassanctioned one un-aided Crafts Post to the said school. In view of the same,petitioner has made a representation to the authorities for converting the said postinto aided one, which was rejected by the respondents as per the order dated7.7.2003 inter alia on the ground as per the permitted staff pattern as contemplatedin G.O.Ms.No. 39 dated 3.5.2002, the question of sanctioning such aided post doesnot arise.
Having heard the learned counsel on either side and also on perusal of thematerial, the only question that calls for consideration is as to whether the petitionerhas any right to seek such conversion of the existing post with the fourth respondentor not.
The learned counsel appearing on either side also brought to the notice ofthis court the subsequent proceedings of the Government issued in Memo No.18598/PS-2/2004-1 dated 23.12.2004, wherein it was clarified as to whether thepetitioner’s request can be considered for the purpose of transferring her to aMunicipal School in a aided post.
Having regard to such proceedings and especially there being no bar muchless any letters not to transfer the petitioner to Municipal Corporation Schools, itwould suffice in the interest of justice to direct the respondents to consider the caseof the petitioner and pass appropriate orders in accordance with law instead ofconverting the existing post with the fourth respondent to that of aided post.
Conclusion
Accordingly, the Writ Petition is disposed of directing the respondents toconsider the request of the petitioner and transfer her to Municipal CorporationSchools, Vijayawada and pass appropriate orders in accordance with law. It isneedless to mention till the finalization of the said aspect, the petitioner shall not bedisturbed from the fourth respondent School.
______________
29.12.2004
To
1. The Secretary, Government of Andhra Pradesh, School Education, Secretariat,Hyderabad 2 The Commissioner and Director of School Education, Government of APHyderabadHyderabad 3 District Educational Officer, krishna district, Machilipatnam AP
4 LPCT. Gujarati Vidyalaya, RR Appa Rao Street, Vijayawada pin 520 001.
5. 2 CCs to G.P. for School Education, High Court of A.P., Hyderabad. (OUT)
6. 2 CD copies.