Telangana High Court
WP/24883/2004 of S.Srinivasa Rao, Vs The Government Junior College, Mudigonda, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 24883 of 2004 Between: S.Srinivasa Rao, S/o. Rangaiah, Hindu, Aged 27 years, Occ: Lecturer
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION No. 24883 of 2004
Between:
S.Srinivasa Rao, S/o. Rangaiah, Hindu,
Aged 27 years, Occ: Lecturer in Maths Govt. Jr. College, Mudigonda, Khammam District.
AND
..... PETITIONER
1 The Government Junior College, Mudigonda, Khammam District, Rep by its Principal.2 The Director of Intermediate Education, Government of A.P.
Nampalli, Hyderabad.
3 The Government of A.P. Rep by its Secretary,Department of Higher Education, Secretariat, Hyderabad.4 The Regional Joint Director, Intermediate Education, Warangal.
.....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 to issue aWrit order or direction more particularly one in the nature of Writ of Mandamus declaring theaction of the Respondent in not continue the petitioner as Maths Lecturer as per theagreement made between the petitioner and Respondents as illegal, arbitrary and inviolation of principles of National Justice and consequently direct the Respondents tocontinue the petitioner as Maths Lecture till the end of agreement period i.e. 28-2-2005 andpass such other order or orders Counsel for the Petitioner: MR.S.ABHAYA KUMAR SAGAR
Counsel for the Respondents: GP FOR HIGHER EDUCATION
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ORDER:
For not continuing the petitioner as Maths Lecturer as per theagreement made between the petitioner and respondents, thepresent writ petition is filed.
The learned counsel or the petitioners contended that for the posts ofjunior lecturers though under a regulation is made, those proceedingswere kept in abeyance by the Regional Joint Director of IntermediateEducation, Warangal. The learned Government pleader opposed thesame.
The facts are not in dispute. The petitioner was appointed by the 2[nd]respondent vide proceedings No.Rc.RD Ser.112/2138/2003, dated06.10.2004 on contract basis. The validity of the contract period is upto 28.02.2005, and since then the writ petitioner has beendischarging his duties. Contrary to the terms of the contract ofagreement, the writ petitioner was orally instructed not to attend theclasses from 27.12.2004. The act of the respondents in terminatingthe services of the petitioner orally is contrary to the terms of contractof agreement, which was in force till 28.02.2005.
Therefore, the writ petition is allowed directing the respondents tocontinue the petitioner as per agreement till 28.02.2005. No order asto costs.
Note:
_________30.12.2004
Issue operative portion
By wire at party’s costs
B/o.
Dsr
To:
1. The Principal,
The Government Junior College,Mudigonda, Khammam District
2. The Director of Intermediate Education,Government of Andhra Pradesh,Nampalli, Hyderabad
3. The Secretary,
Department of Higher Education,
Government of Andhra Pradesh,
Secretariat, Hyderabad
4. The Regional Joint Director,
Intermediate Education, Warangal
5. Two CCs to the Government Pleader
for Higher Education, High Court Buildings, Hyderabad
6. Two CD copies.