Telangana High Court
WP/24817/2004 of M. Ramulu, Vs The Government of Junior College, on 29 December 2004
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 K.C. BHANU WRIT PETITION NO : 24817 of 2004 Between: M. Ramulu, S/o. Gurappa, Hindu, Govt. Jr. College, Banswada,
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 K.C. BHANU
WRIT PETITION NO : 24817 of 2004
Between:
M. Ramulu, S/o. Gurappa, Hindu,
Govt. Jr. College, Banswada, Nizamabad District.
AND
..... PETITIONER
1 The Government of Junior College, Banswada, Nizamabad District, Rep by itsPrincipalPrincipal 2 The Director of Intermediate Education, Govt. of A.P. Nampalli, Hyderabad.
3 The Government of A.P. Rep by its Secretary, Department of Higher Education, Secretariat, Hyderabad. Secretariat, Hyderabad.
.....RESPONDENT(S)
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 a Writ order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the Respondent in not continue the petitioner asCommerce Lecturer as per the agreement made between the petitioner andRespondents as illegal, arbitrary and in violation of principles of Natural justice andconsequently direct the Respondents to continue the petitioner as CommerceLecturer till the end of agreement period i.e. 28-2-2005 in proceedings and dt. 3-9-2004 pass such other order or orders Counsel for the Petitioner:MR.S.ABHAY KUMAR SAGAR
Counsel for the Respondent.: GP FOR HIGHER EDUCATION
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ORAL ORDER:
For not continuing the petitioner as Lecturer of Commerce as per theagreement, dated 6.10.2004 made between the petitioner and therespondents, the present writ petition is filed.
Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Higher Education.
The facts are not in dispute. The petitioner was appointed by the 2[nd]respondent as Lecturer of Commerce on contract basis videproceedings No.Rc.RD Ser.112/2138/2003, dated 16.9.2004. Thevalidity of the contract period is upto 28.2.2005, and since the date ofhis appointment, the writ petitioner has been discharging his duties.Contrary to the terms of the contract of agreement, the writ petitionerwas orally instructed not to attend the classes from 27.12.2004. Theact of the respondents in terminating the services of the petitionersorally is contrary to the terms of contract of agreement, which was inforce till 28.2.2005.
Therefore, the writ petition is allowed directing the respondents tocontinue the petitioner as per agreement till 28.2.2005. No order as tocosts.
______________
(K.C. BHANU,J.)
29[th] December, 2004.
Bcj
To
1 The Government of Junior College, Banswada, Nizamabad District, Rep by itsPrincipalPrincipal 2 The Director of Intermediate Education, Govt. of A.P. Nampalli, Hyderabad.
3 The Government of A.P. Rep by its Secretary, Department of Higher Education, Secretariat, Hyderabad. Secretariat, Hyderabad.
4 Two C.Cs. to the Government Pleader for Higher Education, HighCourt Buildings, Hyderabad (OUT)Court Buildings, Hyderabad (OUT)
5 Two C.D. copies