Telangana High Court
WP/24338/2004 of S.Swarupa Rani, Vs The Government Junior College, Nagulavancha, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24338 of 2004 Between: 1. S.Swarupa Rani, d/o Sudarshanam, Hindu, aged 26 years,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24338 of 2004
Between:
1. S.Swarupa Rani, d/o Sudarshanam, Hindu, aged 26 years,Lecturer in Telugu, Govt. Junior College, Nagulavancha,Khammam District.2. I.V.Narayana, s/o Pullaiah, Hindu, aged 28 years,Lecturer in Maths, Govt.Junior College, Wazeedu, Khammam District.
AND
..... PETITIONERS
1. The Government Junior College, Nagulavancha,Khammam District, rep., by its Principal.2. The Government Junior college, Wazeedu, Khammam District, rep., by its Principal.
3. The Director of Intermediate Education,Govt. of A.P., Nampalli, Hyderabad.
4. The Government of A.P., rep., by its Secretary, Department of Higher Education, Secretariat, Hyderabad.
....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 Mandamusdeclaring the action of the respondents 1 and 2 in not continuing the petitioners as Telugu and Maths Lecturers respectively as per the agreement made between thepetitioners and respondents as illegal, arbitrary and in violation of principles ofnatural justice and consequently direct the respondents 1 and 2 to continue thepetitioners as Telugu and Maths Lecturers respectively till the end of agreementperiod i.e., 28-2-2005.
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Counsel for the Petitioner: MR.S.ABHAYA KUMAR SAGAR
Counsel for the Respondents: GP FOR HIGHER EDUCATION
The Court at the stage of admission made the following:
ORDER:
For not continuing the petitioners as lecturers as per the agreement made betweenthe petitioners and respondents, the present writ petition is filed.
2. The facts are not in dispute. The petitioners were appointed by the respondents 1and 2 as per the proceedings of the third respondent videNo.Rc.RD.Ser.112/2138/2003 dated 03.9.2004 on contract basis. The validity of thecontract period is up to 28.02.2005, and since then the writ petitioners have beendischarging their duties. Contrary to the terms of the contract of agreement, the writpetitioners were orally instructed not to attend the classes from 18.12.2004. The actof the respondents in terminating the services of the petitioners orally is contrary tothe terms of contract of agreement, which was in force till 28.02.2005.
3. Therefore, the writ petition is allowed, directing the respondents to continue thepetitioners as per agreement till 28.02.2005. No order as to costs.
Date: 27[th] December 2004.
____________
K.C.BHANU,J
Issue wire at party’s costs.
// B.O.//
BSB
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
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1. The Principal, Government Junior College, Nagulavancha, Khammam District. 2. The Principal,Government Junior college, Wazeedu, Khammam District,
3. The Director of Intermediate Education, Govt. of A.P., Nampalli, Hyderabad.4. The Secretary,Government of A.P., Department of Higher Education, Secretariat, Hyderabad.
5. Two CCs to the Government Pleader for Higher Education, High Court Buildings, Hyderabad (OUT).
6. Two CD copies
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