Telangana High Court

WP/42997/2018 of SSRS Oriental High School (Sanskrit (Aided), Vs The State of Andhra Pradesh on 28 December 2018

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SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.42997 of 2018 Order: Heard the counsel for the petitioner, Government Pleader for respondent Nos.1 to 4 and Sri V.Maheswara Reddy for respondent No.5. 2. Petitioner has assailed proceedings dated 27.03.2018 of the 3rd respondent, rejecting the

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Order:

Heard the counsel for the petitioner, Government Pleader for respondent Nos.1 to 4 and Sri V.Maheswara Reddy for respondent No.5.

2. Petitioner has assailed proceedings dated 27.03.2018 of the 3[rd]respondent, rejecting the proposals submitted by the petitioner for promotion of eligible aided staff.

3. It is not in dispute that the proposals were directly submitted by the petitioner to the 3[rd] respondent on 25.07.2017, for promotion of teaching and non teaching staff and they were returned by the 3[rd]respondent to the 4[th] respondent directing the petitioner to submit the same through the Deputy Educational Officer (as per Ex.P6 dated 09.08.2017).

4. The petitioner resubmitted the same through Deputy Educational Officer on 31.07.2017. However, they were returned on the ground that they were belated, by the impugned order dated 27.03.2018.

5. Admittedly, the resubmission by the petitioner was on 31.07.2017 before the promotion exercise was done between 3[rd] and 7[th] August, 2017 and therefore, the 3[rd] respondent could not have rejected the proposals made by the petitioner on the ground that they are belated.

6. Therefore, the impugned order dated 27.03.2018 of the 3[rd]respondent is set aside and the 3[rd] respondent is directed to reconsider the issue by treating the proposals made by the petitioner, as having been made within the prescribed time, if necessary by giving notice to the 5[th] respondent also, if he is likely to be affected in any manner by such consideration. This exercise shall be completed within six weeks.

7. Writ petition is disposed of accordingly.

8. Miscellaneous petitions if any, stand closed.

______________________________

(M.S.RAMACHANDRA RAO, J)

Date:28.12.2018

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