WP/23094/2004 of R. Surya Ramana S/o late R. Ramakrishna Rao Vs The Governmetn of Andhra Pradesh, rep by Secretary, on 30 December 2004

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 G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION No: 23094 of 2004

Between:

R. Surya Ramana S/o late R. Ramakrishna Rao R/o D. No. 1-115, Gudem Village & Post, Srikakulam (Mandal), SrikakulamDistrict

..... PETITIONER

AND

1 The Government of Andhra Pradesh, rep by Secretary, School EducationDepartment, Secretariat Building, Hyderabad 2 The Commissioner of Panchayat Raj & Rural Employment, Government ofAndhra Pradesh, Himayathnagar, Hyderabad.Andhra Pradesh, Himayathnagar, Hyderabad.

3 The District Educational Officer, Srikakulam, Srikakulam District.

4 The Chief Executive Officer, Z.P Srikakulam, Srikakulam District.

5 The District Collector, Srikakulam, 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 a Writ, order or direction more particularly one in the nature of Writ of Certioraricall for the records relating to the proceedings in RC.No.6518/E1-II/2003 dated24.9.2004 issued by the 3rd respondent and consequential letter No. 5167/2000/C4dt 8-11-2004 issued by the 4th Respondent and orders passed in O.A. No. 6372 of2004 dt 24-11-2004 and set a side the same as being illegal, arbitrary and violativeof Principles of natural justice.

Counsel for the Petitioner: MR.P.SRINIVASULUCounsel for the Respondents: GP FOR SERVICES I

The Court made the following:

ORAL ORDER:-(Per GB,J.)

This Writ Petition is filed against the order, dated 24.11.2004 passed by the Tribunalin O.A.No.6372 of 2004.

2.The petitioner was appointed as teacher on compassionate grounds on 6.1.2004.However, his services were terminated vide proceedings Rc.No.6518/EI.11/2003,dated 24.9.2004 passed by the respondent No.3. The said proceedings came to bechallenged before the Tribunal in O.A. The Tribunal refused to interfere with the saidorder and directed the Government to consider the appeal filed by the petitioner andpass appropriate orders within a period of one month from the date of receipt of acopy of the order. The said order was passed on 24.11.2004. Aggrieved by the saidorder, the present Writ Petition has been filed.

3. Learned counsel for the petitioner submits that the very termination order is illegaland contrary to law and the authority is bound to give an opportunity and also causean enquiry and without conducting enquiry, the termination order ought not to havebeen passed.

4. We are afraid we cannot accept the contentions raised by the learned counsel. Asthe petitioner has already filed an appeal before the Government, the Tribunaldirected the Government to dispose of the same and therefore, such an order cannot be said to be illegal.

5. Accordingly, the Writ Petition is dismissed. No costs. However, the Government isdirected to dispose of the appeal, if not already disposed of, within a period of fourweeks from the date of receipt of a copy of this order. If the petitioner seeks anypersonal hearing, the Government shall also extend such facility to the petitioner.

Sd/-SHAIK JOHN BASHA

ASSISTANT REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1 The Secretary, Government of Andhra Pradesh, School Education Department,Secretariat Building, HyderabadSecretariat Building, Hyderabad 2 The Commissioner of Panchayat Raj & Rural Employment, Government of Andhra Pradesh, Himayathnagar, Hyderabad.

3 The District Educational Officer, Srikakulam, Srikakulam District.

4 The Chief Executive Officer, Z.P Srikakulam, Srikakulam District.

5 The District Collector, Srikakulam, Srikakulam District.

6 2 CCs to the G.P. for Services I, High Court of A.P., Hyderabad (OUT).

7 2 CD copies.

8. One cc to Mr.P.Srinivasulu,Advocate (OPUC)

TRk

HIGH COURT

DATED: 30.12.2004