THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25443 OF 2005 Dated:21.10.2010 Between: Ch.Lakshmi Kameswari and others .. Petitioners And The District Educational Officer, Visakhapatnam, Visakhapatnam District and others .. Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25443 of 2005 ORDER: This writ petition is filed seeking a writ of Mandamus to declare that the petitioners are entitled for regular absorption into aided vacancies by allotting surplus vacancies of other managements to 5th respondent aided school in terms of Rules issued in G.O.Ms.No.1, Edn., dated 01.01.1994, with all consequential benefits by holding the action of the respondents in not considering the genuine claim of the petitioners into the grant-in-aided vacancies, as illegal and arbitrary. Heard learned counsel for the petitioners, learned Government Pleader for School Education appearing for respondent Nos.1 to 4 and Sri K.Srinivasa Murthy, learned counsel appearing for respondent No.5. It appears, the petitioners are working as teachers in the 5th respondent school since 1987 onwards. Government also issued G.O.Rt.No.274, dated 05.03.2004, relaxing the condition laid down in Rule 15 of the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools) Rules, 1988 (for short, ‘the Rules’) issued in G.O.Ms.No.524, Education Department, dated 20.12.1988, and their appointment was approved against unaided vacancies from the date of their appointment. G.O.Rt.No.274, date 05.03.2004, reads as under: Accordingly in exercise of the powers conferred under Rule 21 of the aforesaid Rules Government hereby relax the condition laid down in Rule 15 of the said Rules in favour of the following nine teachers in unaided posts of the Zink Smelter Primary/High School, Visakhapatnam and approved their appointments with effect from the dates as mentioned against each. ______________________________________________________ Sl.No. Name of the Teacher Qualification Date of appointment ------------------------------------------------------------------------------------------ 01. Smt.Ch.L.Kameswari B.Sc., B.Ed. 12.08.1987 02. Smt.T.Varalakshmi M.A., B.Ed. 30.12.1992 03. Sri.V.Sriram Basha Praveena 17.08.1987 Pandit Training 04. Smt.G.V.M.L.Kumari B.Sc., B.Ed. 12.07.1990 05. Sri.S.Krishna Rao B.Sc., B.Ed. 04.08.1990 06. Smt.G.Punyavathi M.A., B.Ed. 01.07.1991 07. Smt.B.Anja Kumari B.Sc., B.Ed. 07.08.1989 08. Smt. B.Santha Kumari B.Sc., B.Ed. 12.07.1990 09. Sri B.H.S. Sekhar B.Sc., B.Ed. 13.08.1990 The Commissioner and Director of School Education shall take necessary further action in the matter. Therefore, the contention of the learned Government Pleader that they are not entitled for regularization of their services, since their very appointment against unaided vacancies was not approved by the Government, cannot be countenanced. Further, it is stated by the learned Government Pleader that ban has been imposed by the Government vide Memo No.1280/COSE/A2/2004-4, dated 20.10.2004, therefore, the case of the petitioners even though recommended prior to imposition of ban on 22.03.2004 for regularizing their services and absorption against aided vacancies, cannot be considered. This issue has no more res integra. The similar question arose in W.A.No.1578 of 2005 and batch, dated 29.12.2006, in which this Court held that the ban imposed by the Government with effect from 20.10.2004 is prospective and has no retrospective operation. In the case on hand, admittedly, the petitioners were recommended for absorption on 22.03.2004 much prior to the imposition of ban vide Memo dated 20.10.2004. Therefore, the contention of the Government that they are not entitled for absorption cannot be accepted. In the circumstances, the Writ Petition is allowed and the respondents are directed to consider the case of the petitioners for absorption into the regular vacancies available in the 5th respondent – institution or in any other institution wherever there are surplus vacancies of aided posts by transferring them. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The writ petition is, accordingly, allowed. No order as to costs. _______________ C.V. RAMULU, J 21.10.2010 KH