IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 33659 of 1998 Between: 1 D.A. Jagannadha Rao S/o Suri Naidu Working in R.C.M. High School, Konda Dabha, Vizianagaram Dist. 2 B. Satyanarayana Naidu S/o late Erranna Naidu R.C.M. High School, Konda Dabha, Vizianagaram Dist. 3 G.V. Satyanarayana S/o Laxmana Murthy R.C.M. High School, Konda Dabha, Vizianagaram Dist. 4 R. Suryanarayana S/o R.L.K. Murthy R.C.M. High School, Konda Dabha, Vizianagaram Dist. 5 R.S.N. Murthy S/o Appala Narasimha Charyulu R.C.M. High School, Konda Dabha, Vizianagaram Dist. 6 Smt. G. Ramani W/o Vijay Kumar R.C.M. High School, Konda Dabha, Vizianagaram Dist. 7 K. Raju S/o Paidytallli R.C.M. High School, Konda Dabha, Vizianagaram Dist. 8 Fr.S.M. Arokia Swamy S/o Muttappan St. Peters HighSchool, Gnanapuram, Visakhapatnam ..... PETITIONER(S) AND 1 The Govt. of A.P. Rep. by Secretary, Education Department, Secretariat, Hyderabad 2 The Director of School Education, A.P., Hyderabad 3 The Regional Joint Director of School Education, Kakinada, E.G. Dist. 4 The District Educational Officer Vizianagaram Dist. Vizianagaram .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ in the Nature of Certiorari or any other appropriate Writ direction by calling for the records relating to the proceedings of the 3rd respondent bearing Rc.No.245 A4/98, dt: 23-11-1998 and set- aside the same and consequently direct the respondents to approve the appointments of the petitioners and absorb them in Grant-in-Aid posts w.e.f. 1-4-1992, when the Grant-in-Aid was admitted to the posts in which the petitioners have been working under G.O.Rt.No.354, Education (SSE) Dept., dt: 5-3-1992, with all consequential benefits, and to pass. Counsel for the Petitioner:MR.S.GOPAL RAO Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following Order: The order of the third respondent dated 23-11-1998 rejecting the claim of the petitioners for absorption into grant- in- posts from 01-04-1992 is questioned, in this writ petition, as illegal and arbitrary. Petitioners also seek a consequential direction to the respondents to absorb them in grant-in-aid posts with effect from 01-04-1992, when grant-in-aid was extended to the posts in which they have been working, under G.O.Rt.No.354, dated 05-03-1992. While several contentions are raised, it is wholly unnecessary for this Court to examine all of them since the writ petition is required to be allowed, and the impugned order quashed, for violation of principles of natural justice. Under the impugned order, while the request of the petitioners for being absorbed into grant-in-aid posts prior to 12-07-1994 i.e. with effect from 01-04-1992 was rejected, the auditor in the District Educational Office, Visakhpatnam, was directed to proceed to the respondent-school, audit the pay fixation, arrive at the excess amount paid and submit his report. Needless to state that, since the action which the respondents may take for recovery of the amounts already paid would affect the petitioners’ civil rights, the impugned order could not have been passed without putting the petitioners on notice and without giving them an opportunity of being heard. In case the respondents choose to recover the amounts already paid to the petitioner, they shall be entitled to be heard before an order of recovery is passed. It is made clear that on being given an opportunity to show cause, the petitioners can raise all contentions, raised in this writ petition, before the competent authority. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. ______________ 25-02-2008 usd .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Govt. of A.P., Education Department, Secretariat, Hyderabad 2 The Director of School Education, A.P., Hyderabad 3 The Regional Joint Director of School Education, Kakinada, E.G. Dist. 4 The District Educational Officer Vizianagaram Dist. Vizianagaram 5 Two CCs to G.P. for School Education, High Court Buildings, Hyderabad (OUT). 6 Two CD copies. Form-NIC-OGS/WP{MUK}