IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.18433 of 2008 Between: G. Kashinadham S/o. Trupathaiah H.No.12-2-133, Girimillavari Street, Warangal, Warangal District. ..... PETITIONER AND 1 The High Court of Andhra Pradesh, rep. by its Registrar, High Court Building, Hyderabad. 2 The Principal District and Sessions Judge, Warangal, Warangal District. .....RESPONDENTS 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the order dated 16.06.2008 passed by the 2nd respondent as illegal, arbitrary, unconstitutional, without jurisdiction, void ab initio and violative of petitioners fundamental rights guaranteed under article 14 & 21 of the Constitution of India and to set-aside the same with all consequential benefits and to pass Counsel for the Petitioner: MRGANDRAMOHAN RAO Counsel for the Respondent No.: SMT.M.BHASKARA LAKSHMI (SC FOR APHC) The Court made the following: Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.18433 of 2008 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner questions the order dated 16.06.2008 in terminating his services from the post of the Head Clerk. It is the case of the petitioner that he was working as Head Clerk on contract basis in V Additional District and Sessions Court (Fast Tract Court), Warangal. He worked earlier in the Judicial Department in different categories and retired from service as Superintendent of C.C.S.District Court, Warangal on attaining superannuation. After retirement, he made an application before the 2nd Respondent-District Judge, Warangal for appointment as Head Clerk in Fast Track Courts on contract basis. Considering his service record, the petitioner was appointed as Head Clerk in the V Additional District & Sessions Court (Fast Tract Court), Warangal on contract basis fixing his remuneration at Rs.6,000/- plus 20% HRA per month. The petitioner has executed a Deed of Agreement dated 05.01.2008 in favour of Andhra Pradesh High Court, represented by the District & Sessions Judge, Warangal and joined as Head Clerk in the V Additional District & Sessions Court (Fast Track Court), Warangal. It is stated that the 2nd respondent issued a notice dated 15.05.2008 stating that the petitioner has not been attending the duties and his work is unsatisfactory and therefore, proposing to terminate his services as per Condition No.4(vii) of the Agreement with effect from 15.06.2008. For the said notice, the petitioner submitted his explanation. Ultimately, the 2nd respondent terminated the services of the petitioner without assigning any reasons and without casting any stigma to the petitioner. The petitioner was working as Head Clerk on contract basis only. Admittedly, the contract provides for termination of the contract by issuing one month prior notice or on payment of Rs.10,000/- in lieu of one month notice. In the instant case no reasons were assigned for terminating the contract services of the petitioner. But ultimately the termination order was passed after expiry of one month without casting any stigma to the petitioner. Therefore, it cannot be said that the petitioner is disentitled from applying for the similar post or being considered for any substitute post. The writ petition is accordingly disposed of. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ SANJAY KUMAR,J Dated: 27.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The High Court of Andhra Pradesh, rep. by its Registrar, High Court Building, Hyderabad. 2 The Principal District and Sessions Judge, Warangal, Warangal District. 3 2. 2CCs to 4. 2CD copies