IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 13353 of 2005 Between: T. Anitha SW/o. Sri K.V.Varaprasad, Sri Satya Sai Vidya Nilyam, Kollapur, Mahaboobnagar District. ..... PETITIONER AND 1 State of A.P. , Rep. by its Principal Secretary, School Education, Secretariat, Hyderabad. 2 Regional Joint Director of School Education, Hyderabad. 3 District Educational Officer, Mahaboobnagar. 4 Sri Satya Sai Vidya Nilayam, High School, Kollapur, Mahaboobnagar District. Rep. by its Correspondent. .....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 issue a writ or order or direction, especially one in the nature of writ of Mandamus; i) declare that the petitioner is entitled for absorption into aided vacancy of Telugu Pandit Grade -II in the fourth respondent school w.e.f. 3-9-2004 and for all the consequential benefits; ii) direct the respondents to absorb the petitioner into aided vacancy of Telugu Pandit Grade-II in the fourth respondent school w.e.f. 3-9-2004 and to grant all consequential benefits; and iii) to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.KRISHNA REDDY Counsel for the Respondent : GP FOR SCHOOL EDUCATION FOR R27.6.05,APP1TO3 The Court made the following : THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.13353 of 2005 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus to declare that the petitioner is entitled for absorption into aided vacancy of Telugu Pandit Grade-II in the fourth respondent school w.e.f.03.9.2004 and for all consequential benefits and also to direct the respondents to absorb the petitioner into aided vacancy of Telugu Pandit Grade-II in the fourth respondent school w.e.f. 03.9.2004 and to grant all consequential benefits. 2. The case of the petitioner is that she was appointed as Telugu Pandit Grade-II in an unaided post in the fourth respondent school on 11.6.2001 for meager salary. It is also stated that one M.Shankaraiah who was working as Telugu Pandit Grade-II in an aided vacancy in the fourth respondent school was absorbed into the aided vacancy of Telugu Pandit Grade-I sanctioned in G.O.Ms.No.13 Education, (PS-2) Department, dated 24.2.2003. Thus a clear aided vacancy of Telugu Pandit Grade-II has arisen w.e.f. 3.9.2004 and thereby the petitioner became eligible for absorption into the said vacancy. It is also stated that she possesses the requisite qualification for absorption into the post of Telugu Pandit Grade-II in the 4th respondent school. She also made a representation on 17.11.2004 to the 4th respondent for her absorption into the aided vacancy of Telugu Pandit Grade-II in the 4th respondent school. Since the said representation was not considered, she filed the present application. 3. The petitioner filed WPMP No.3179 of 2008 seeking direction to the 3rd respondent to send proposal to the second respondent to consider the same for her absorption into the post of Telugu Pandit Grade-II in the 4th respondent school. 4. The counter-affidavit has been filed by the District Educational Officer –3rd respondent herein stating that the petitioner was appointed as Telugu Pandit Grade-II by the 4th respondent vide proceedings Rc.No.SSVN/Estt/80/2001, dated 11.6.2001 and the petitioner joined in the 4th respondent school on 11.6.2001 with norms of the apprentice teacher as the consolidated pay/stipendiary Rs.1200/- per month for first year and Rs.1500/- per month for 2nd year and indicating on completion of 2 years probationary period she may be absorbed in grant-in-aid post when Telugu Pandit Grade-II falls vacant. But it is stated that the 4th respondent is not competent to incorporate such conditions in the proceedings. The petitioner is working at 4th respondent school in un- aided post Telugu Pandit Grade-II had submitted representation to the 4th respondent on 17.11.2004 stating that she is working w.e.f.11.6.2001 and she had passed predegree course (PDC) and TTC eligible for Telugu Pandit Grade-I, promotion with effect from 3.9.2004 due to promotion M.Sekharaiah, Telugu Pandit Grade-II, promoted as T.P.I. as per G.O.Ms.No.13 dated 24.2.2003 and through the Proceedings No.4165/AII/04 dated 13.8.2004 of the 3rd respondent and joined on 3.9.2004 in the 4th respondent school as Telugu Pandit Grade-I. As per the rules contained in G.O.Ms.No.1Edn. dated 1.1.1994, even the unaided appointment should be made by the staff selection and such appointment should have been approved by the District Educational Officer/Regional Joint Director of School Education as the case may be only such unaided appointments will be absorbed into aided posts. In respect of the appointment of the respondent No.1 was not made as per the guidelines issued in the said G.O. Hence there is no claim to the respondent No.1 to consider into grant in aid post of Telugu Pandit Grade-I. 5. Admittedly, in this case, the petitioner is working in the 4th respondent school in unaided post and there appears to be a clear vacancy of the post of Telugu Pandit Grade-II arisen consequent to the promotion of one Mr.M.Shankaraiah, who was working as Telugu Pandit Grade-II in an aided vacancy in the fourth respondent school and absorption into the aided vacancy of Telugu Pandit Grade-I sanctioned in G.O.Ms.No.13 Education, (PS-2) Department, dated 24.2.2003. Thus a clear aided vacancy of Telugu Pandit Grade-II has arisen w.e.f. 3.9.2004 and thereby the petitioner became eligible for absorption into the said vacancy. 6. The learned counsel for the petitioner submitted that the petitioner therefore made a representation dated 17.11.2004 seeking for absorption into the aided vacancy of Telugu Pandit Grade-II in the 4th respondent school. It is stated by the learned counsel for the petitioner that the said representation was made to the 4th respondent and in turn, the 4th respondent has forwarded the same to the concerned authority seeking passing of the appropriate orders and absorption, but the authorities have not passed any order on the said report. She submitted that not passing of any orders on the representation dated 17.11.2004 is illegal and void. Though in the counter it is submitted that as per G.O.Ms.No.1 of 1994 even the unaided appoints should be made by the Staff Selection and such appointments should have been approved by the District Educational Officer/Joint Director of School Education as the case may be, and then only such unaided post will be absorbed into the aided post, the second respondent did not deny the factum of the petitioner working in the 4th respondent school from the date of her appointment ie. 11.6.2001. Learned counsel for the petitioner submitted that she is working against a clear vacancy. 7. Having regard to the submissions made by the petitioner and also in view of the counter averments made in the counter, I am of the view that it is just and proper to dispose of the writ petition with the following direction. 8. Accordingly, the writ petition is disposed of directing the respondent to consider and dispose of the representation dated 17.11.2004 filed by the petitioner seeking absorption of her services as Telugu Pandit Grade- II in the 4th respondent against the aided vacancy as per the rules and pass appropriate orders within two months from the date of receipt of copy of this order. ________________ G.CHANDRAIAH,J 13th June, 2008. PNV To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.13353 of 2005 13th June, 2008