Telangana High Court
WP/6408/2003 of P.JASMINE SEC/BADAND2 ORS Vs DIR.OF SCHOOL EDCU HYDAND4 ORS on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 6408 of 2003 Between: 1. Premila Jasmine, D/o Sri J.K.Christy, Aged about 45 years, SGBT
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OF NOVEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE C.V.RAMULU
WRIT PETITION NO : 6408 of 2003
Between:
1. Premila Jasmine, D/o Sri J.K.Christy,Aged about 45 years, SGBT Assistant,Keyes High School for Girls,Secunderabad.
2. C.K.Vanitha Rekha, W/o P.L.Krishna,
Aged about 50 years,SGBT Assistant,Keyes High School for Girls,Secunderabad.3. G.Shashi Kumari,W/o G.Vijaya Goud,Aged about 46 years,Assistant Teacher, Keyes High School for Girls,Secunderabad.
AND
..... PETITIONERS
1. Director of School Education,
2. State of Andhra Pradesh, rep. by its
Secretary, Education Department,
Secretariat Buildings, Hyderabad.
3. Regional Joint Director of School,
Education, Hyderabad.
4. District Education Officer,
Hyderabad District, Hyderabad.
5. Keyes High School for Girls,
Secunderabad, rep. by its Secretary &Correspondent.Correspondent.
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.....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 or order or direction especially one in the nature of Mandamus : (i)declaring that the petitioners are eligible and entitled to be considered for absorptioninto aided vacancies in the 5[th] respodent school in the concerned subjects; (ii) directthe respondents to consider absorption of the services of the petitioners into theavailable aided vacancies from the date of availability of the vacancies and grant allconsequential benefits and (iii) to grant such other relief or reliefs.
Counsel for the Petitioner: MR.V.JOGAIAH SARMA
Counsel for the Respondent Nos.1 to 4: GP FOR SCHOOL EDUCATIONCounsel for the Respondent No.5: Mr.G.VIDAYSAGAR
The Court made the following:
O R D E R:
W.P.M.P.No.32579 of 2003 is filed seeking a direction to respondentsto absorb the petitioners as Secondary Grade (SGBT) Teachers inthe aided vacancies in fifth respondents’ school and to grant suchother reliefs. Since the relief prayed in the writ petition and WPMP isone and the same, the main writ petition itself is taken up for hearingwith the consent of both counsel.
A detailed counter-affidavit has been filed on behalf of therespondents 1 to 4 stating that the procedure for selection andappointment of the teachers was prescribed under G.O.Ms.1,Education, dated 01-01-1994. Though the petitioners were appointedmuch later to that date i.e., 01-01-1994, the procedure as prescribed in the said GOMs was not followed by the fifth respondent-school.Therefore, even if the petitioners are working for more than five years,they are not entitled for absorption into regular vacancies (aidedvacancies).
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Be that as it may, since it is not disputed by the respondents that thepetitioners are not working for the last more than eight years as ofnow, the respondents are directed to consider the case of thepetitioners for absorption into the existing aided vacancies if thepetitioners are otherwise eligible and pass appropriate orders within aperiod of three months from the date of receipt of a copy of this order.
The writ petition is disposed of with the above direction. No order asto costs.
Lrkm/Mdaa.
23-11-2004.
_______________
To
1. The Secretary,
Education Department,
2 Director of School Education,
State of Andhra Pradesh, Saifabad, Hyderabad.
Secretariat Buildings, Hyderabad.
3. The Regional Joint Director of School, Education, Hyderabad.
4. The District Education Officer,
Hyderabad District, Hyderabad.
5 2CCs to the Government Pleader for School Education, High Court Buildings, High Court of A.P., Hyderabad (O.U.T).
6. 2CD copies.
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