Telangana High Court
WP/25847/2005 of G.Vijay Kumar Raju Vs Govt. of A.P.rep by its Principal on 27 December 2005
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25847 of 2005 Dated 27-12-2005 Between: G.Vijay Kumar Raju and others. .. PETITIONERS AND Government of A.P., represented by its Principal Secretary, School Education Department and others. .. RESPONDENTS ORDER The petitioners claim that
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.25847 of 2005
Dated 27-12-2005
Between:
G.Vijay Kumar Raju and others.
.. PETITIONERS
AND
Government of A.P., represented by its Principal Secretary, School EducationDepartment and others.
.. RESPONDENTS
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ORDER
The petitioners claim that they are the Teachers of fifth respondent school workingsince last several years. They assert that their services have been regularizedagainst the existingaided vacancies. Their grievance is that the District EducationalOfficer, the fourth respondent herein, is taking steps to transfer and post Teachersfrom other institutions, against the existing vacancies in the fifth respondent school.
The matter was adjourned twice on earlier occasions to enable the learnedGovernment Pleader for School Education to obtain instructions. He contends thatthe services of the petitioners were not regularized at all and with the collusion ofcertain employees in the fifth respondent school,the petitioners have fabricated therecord, particularly, the proceedings, dated 27-12-2004, to depict as though theirservices have been regularised.
Heard the learned counsel for the petitioners and the learned Government Pleaderfor School Education.
The petitioners felt aggrieved by the allotment of teachers from other institutionsagainst the existing vacancies in the fifth respondent school. Such a measure istaken in pursuance of the process of rationalization, which is undertaken in therecent past. In several cases, this court permitted the individual candidates or theManagements of the schools, as the case may be, who felt aggrieved by suchtransfers, to approach the appellate authority under Section 89 of the A.P.EducationAct. In the instant case, this court finds it difficult to follow the same course of actionfor the reason that there is some doubt as to the very status of the petitioners asTeachers working against aided vacancies. The Management would be the properauthority to take necessary steps in this regard.
For the foregoing reasons, the writ petition is disposed of, leaving it open to thepetitioners to approach the Management to protect their rights. In case, the fifth respondent is of the view that the petitioners are the Teachers appointed againstaided vacancies and such appointments were approved by the competent authority,they can prefer an appeal before the Director of School Education, the secondrespondent herein, and seek appropriate interim orders. No order as to costs.
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27-12-2005
Note:
Issue C.C. in three days.
(B/o)
Prv