Telangana High Court
WP/28176/2008 of Y.Appala Naidu Vs The Commissioner and Director of School Education, on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:28176 of 2008 Between: Y.Appala Naidu S/o.Venku Naidu R/o.Uddavolu (V), Therlam
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION NO:28176of2008
Between:
Y.Appala Naidu S/o.Venku Naidu R/o.Uddavolu (V), Therlam Mandal, Vizianagaram District.
..... PETITIONER
AND
1 The Commissioner and Director of School Education, Government ofAndhra Pradesh, Saifabad, Hyderabad.
2 The District Educational Officer, Srikakulam District, Srikakulam.3 The Correspondent, Hima Bindu Un-Aided School, China Kamba,Seethampet Mandal, Srikakulam District.
4 The Manager, A.U.P. School, Makivalasa (V), Jalumuru Mandal,Srikakulam District.
.....RESPONDENTS
Counsel for the Petitioner:MR.KARRI SURYANARAYANA
Counsel for Respondent Nos.1 & 2:AGP FOR SCHOOLEDUCATION
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ORDER:
This writ petition is filed for a writ of mandamus to declare theinaction of the respondents in taking steps in pursuance of proceedings,dated 09.12.2005 issued by respondent No.1 as illegal and arbitrary.
The petitioner is working in respondent No.3 school as aSecondary Grade Teacher. The Single Teacher post in the said schoolwas an aided one till 1999. The said post was transferred to respondentNo.4 school in the said year. Since then, there had been efforts made tosee that the aided post was re-transferred to respondent No.3 school. On the representation made by the General Secretary of AndhraPradesh Teachers Federation, Hyderabad (APTF), respondent No.1issued proceedings, dated 09.12.2005 wherein while enclosing a copyof representation, dated 16.10.2005 made by the General Secretary,APTF, respondent No.1 directed respondent No.2 to examine therequest for re-transferring the aided post to respondent No.3 school andtake necessary action duly following the instructions issued regardingrationalization of the surplus teachers duly taking into account theeligibility, strength and workload of the school.
The grievance of the petitioner is that though more than threeyears elapsed since the date of the issue of the said proceedings,respondent No.2 has not taken any follow-up action.
As the grievance of the petitioner is innocuous, the writ petition isdisposed of at the admission stage after hearing the learned Assistant Government Pleader for School Education with the direction torespondent No.2 to consider and pass appropriate order on the above-mentioned proceedings of respondent No.1 regarding re-transfer ofaided post to respondent No.3, within a period of four (4) weeks from thedate of receipt of a copy of this order. Respondent No.2 shallcommunicate the order to the petitioner.
As a sequel to disposal of main petition, WPMP.No.36931 of2008 filed by the petitioner for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
26[th] DECEMBER, 2008.
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