THE HON’BLE SMT JUSTICE T. MEENA KUMARI Writ Petition No. 6196 of 2000 ORDER : 01. This writ petition is filed seeking a writ of Mandamus to declare the order of the 1st respondent herein in Rc.No. 15274/B8/99 dated. 8-12-1999 is illegal, arbitrary and consequently to issue a direction to the respondents to regularize the services of the petitioner in terms of proceedings of the 2nd respondent in Rc.No. 6368/B3/97 dated. 19-3-2000 and under Act 27 of 1998. 2. The case of the petitioner she is working as Scavenger in 4th respondent school, which is a minority institution running with the aid of the Government and that there were three contingent posts in the said school since more than three decades and that the Government issued G.O.Ms.No. 237 Education Department, dated. 4-4-1985 converting the contingent posts of the aided schools into last grade subject to certain conditions. Accordingly, 1st respondent passed orders in RC No. 2399.A3/85 dated. 31-1- 1986 converting the 3 contingent posts in the 4th respondent school into last grade service and absorbed the incumbents in the scale of Rs 290-425 with effect from 1-4-1985 and provision was also made in the budget for payment of salaries. It is also her case that when one P Kondamma, sweeper, died the petitioner was appointed in the said vacancy vide order dated 8-5-1993 and proposals were submitted to 1st respondent for approval. But the respondentNo.1 rejected the proposals vide Rc No.15274/88/99 dated. 8-12-99. It is also stated that recently the respondents have regularized the services of one Sri K C S Vijay Kumar vide Rc.No. 6368/B3/97 dated. 19-3-2000 and he was absorbed against regular post only with effect from 1-8-1994 by virtue of the directions given by this Hon’ble Court in W.P.No. 2592 of 1998 dated 14-07- 1999, whereas the petitioner was appointed against regular post on 6-5-1993 as such she is entitled for regularization in terms of the above proceedings dated. 19-3-2000. Hence, the present writ petition. 3. It is stated in the counter filed on behalf of official respondents that the petitioner was appointed in the vacancy caused by the demise of one P Kondamma without getting prior permission of the competent authority of the department and that the proposals sent by the 4th respondent school for absorption were rejected by 1st respondent vide proceedings dated 3-1-1994 but the case of K C S Vijaya Kumar (Writ Petition No.2592/98) was considered based on the guidelines issued in GOMs No.212 dated. 22-4-1994. As the petitioner was appointed without prior permission of the respondents, she is not entitled to claim for the appointment to the regular post w.e.f.6.5.93. 4. Learned counsel for the petitioner submitted that the petitioner is working as scavenger in the 4th respondent institution since 1993 and the proposal for absorption into regular vacancy was submitted to respondents authorities was rejected by the 1st respondent vide proceedings dated 3-1-1994 (impugned proceedings). Learned counsel also submitted that the proceedings dated. 3-1-1994 issued by the 1st respondent stating that there was no provision in the rules for filling up of the contingent posts converted to class IV category in aided schools by other persons, was set aside in W.P. No. 2592/1998 and the said judgment became final. Learned counsel further submitted that in view of the said judgment of a learned single Judge of this court, the petitioner is also entitled for absorption and requested this court to pass a similar direction. 5. Learned Government Pleader for School Education appearing on behalf of official respondents submitted that the proposals submitted by 4th respondent school were rejected based on the proceedings dated 3-1-1994, but the fact remains that the said proceedings were set aside by a learned single Judge of this Court in W.P.No. 2592 of 1998. 6. The record shows that no representation on behalf of 4th respondent even though notices are served. 7. Having heard the learned counsel for petitioner and also the Government Pleader for School Education and following the judgment in W.P. No. 2592 of 1998 dated 14-7-1999, it would suffice if the impugned order of the 1st respondent is set aside and the matter is remanded to the respondent Nos. 1 & 2 to consider the same afresh in accordance with law. 8. This writ petition is allowed accordingly and the impugned order dated. 8-12-1999 of 1st respondent is set aside and the matter is remanded to respondents Nos. 1 & 2 to consider the same afresh, in accordance with law, within a period of three months from the date of receipt of a copy of this order. _____________________ T. MEENA KUMARI, J Dt. 15-7-2010 kvrk THE HON’BLE MRS JUSTICE T. MEENA KUMARI Writ Petition No. 6196 of 2000 Dated: 15-07-2010 THE HON’BLE MRS JUSTICE T. MEENA KUMARI Writ Petition No. 6196 of 2000 Dated: 15-07-2010 Between S.Saramma , w/o. Issac, Age 40 years, Occ; Sweeper-cum- Scavenger, C.S.I. High School, Cuddapah, Cuddapa District ..Petitioner And 1. The District Educational Officer, Cuddapah And another Respondents