WP/33825/2011 of P. Vimala Reddy, Vs The Commissioner, on 30 December 2011

ORDER:

Heard the learned counsel for the petitioner. Though the matter was adjourned on 22-12-2011 at the request ofthe learned Standing Counsel appearing for the 3[rd]respondent, to day there is no representation.

2. The learned counsel for the petitioner submitsthat as per the age of the superannuation of the petitioner,the petitioner is due for retirement by 31-12-2011. Therefore, he submitted that necessaryorders may be passed in the writ petition.

3. This writ petition is filed seeking a writ ofmandamus declaring the action of the respondents in notpermitting the petitioner to join duty as Junior Lecturer inEconomics in the 1[st] respondent College or sanctioningnecessary leave on the applications forwarded to the 2[nd]respondent and take the petitioner on duty as JuniorLecturer in Economics and grant necessary leave to thepetitioner for the period of absence and permit her to

4. The case of the petitioner is that she wasappointed initially in the Saint Joseph’s Junior College,Hymayatnagar, Hyderabad by proceedings dated 05-06-1983 as a part time Junior Lecturer in Economics on aconsolidated pay of ` 600/- per month. Thereafter, byproceedings dated 25-01-1988, the 1[st] respondent -Boardof Intermediate Education, A.P., Hyderabad issued theproceedings by approving the appointment of thepetitioner in Saint Joseph’s Junior College,Himayatnagar. Thereafter, the petitioner was redeployedto New Government Junior College, Malakpet. While so,she suffered from ill-health. Therefore, she could not attend the duties andshe applied leave for the period of absence.

As soon as she became fit to join the duty, she reportedfor duty at New Government Junior College, Malakpet,Hyderabad, but the Principal of the New GovernmentJunior College, Malakpet did not allow the petitioner to jointhe duty. Basing on her application dated 31-10-2011 addressed to the 1[st]respondent-Commissioner of Intermediate Education, Hyderabad, the1[st] respondent by letter dated 02-11-2011 in Rc.No.483/Estt/NGJCM/2011, forwarded her application to the 2[nd] respondent for taking necessaryaction in the matter, but no action has been taken. Thelearned counsel for the petitioner has submitted that byvirtue of the age of superannuation, she would attain theage of superannuation by 31-12-2011.

5. The petitioner is a regular employee in the 2[nd]respondent college, and due to her ill-health she could notattend the duty for some-time and as soon as shebecame fit to join the duty, she reported to the 2[nd]respondent but the 2[nd] respondent did not allow her. Consequently, she is likely to loose her precious servicebenefits, if she is not allowed to join the duty. Therefore,he submits that necessary directions may be given to therespondents.

6. The material placed on record by the petitionershows that the petitioner was initially appointed as a parttime Lecturer in Saint Joseph’s College in the year 1983on payment of ` 600/- per month. Thereafter, byproceedings dated 25-1-1998, her appointment wasapproved by the Board of Intermediate Education videproceedings R.C.No.59513/E1-2/82, dated 25-01-1988. Thereafter, the petitioner was redeployed to the 2[nd]respondent-New Government Junior College, Malakpet, by proceedings, which is averred in the letter dated 01-03-2008 addressed by the petitioner to theCommissioner, Board of Intermediate Education,Nampally. The letter R.C.No.483/Estt/NGJCM/2011,dated 02-11-2011 addressed by the Principal, New Government Junior College, Malakpet, Hyderabad tothe Commissioner of Intermediate Education, AndhraPradesh, Hyderabad, reads as under:

“GOVERNMENT OF ANDHRA PRADESH

From To

The Principal, The Commissioner ofNew Govt.Jr.College, Intermediate Education,Malakpet, Hyderabad. A.P., Hyderabad.

[Trough DVEO, Hyderabad]

Letter Rc.No.483/Estt/NGJCM/2011Dated: 02-01-011

Sir,

Sub:NGJCM-Pvt.Aided Jr.Colleges Redeployed Staff-Submission Of Medical Certificate and Fitness Certificates for EOL Application of Smt. P. Vimala Reddy, JL in Economics of St. Joseph’s Jr.College, presently on O.D at this college – Regarding.

Ref:1] This office letter Rc.No.309/NGJCM/2006,Dt: 17-03-2006. 2] This office letter Rc.No.621/ NGJCM/2007,Dt: 21-04-2007. 3] This office letter Rc.No.802/Estt/NGJCM/2008,Dt:03-03-08. 4] This college letter Rc.No.772/Estt/NGJCM/2011,Dt:22-10-11. 5] Application of Smt. P. Vimala Reddy, JL, Dt:31-10-11, received in this office on 01-11-11, along with Medical and Fitness certificates addressed to the Commissioner, dt:31-10-11. ******

In continuation of the letters cited under references from 1 to 4, I hereby submit the application of Smt. P. Vimala Reddy, JL in Economics ofSt. Joseph’s Jr. College [who had been redeployed to this college] alongwith Medical and Fitness Certificates vide letter cited under ref.(5).

This is for your information and necessary action.

Yours Faithfully,

Encls:Nos.(04)

Principal

New Government College

Malakpet, Hyderabad

Copy to

Smt. P. Vimala Reddy JL in Economics51, Chikoti Gardents, Begumpet, Hyderabad-16For information.”

7. In that view of the matter, the writ petition isdisposed of as under:

“The respondents are directed to consider the case of the petitioner and pass appropriate orders in accordance with law.”

Date:30.12.2011.mrb

______________________

Justice G. Chandraiah