IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 5687 of 2005 Between: J.John Victor, s/o Israel Andrews, Manager & Correspondent of CBM Centenary High School, Samalkot, E.G.District. ..... PETITIONER AND 1 The Commissioner & Director of School Education, A.P.Hyderabad. 2 The Regional Joint Director of School Education, Kakinada, East Godavari District. 3 The District Educational Officer, Kakinada, East Godavari District. 4 Deputy Educational Officer, Kakinada, East Godavari District. 5 CBMC High School, Samalkot, East Godavari District rep., by its Correspondent. .....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 an appropriate writ more in the nature of a writ of mandamus declaring the action of the respondents 3 and 4 in not releasing the arrears of salary for the period which the petitioner was illegally kept under suspension, despite the clear directions issued by the Commissioner dated 3-7-2004 in his Rc.No.2641/D1-4/2001 as being arbitrary and illegal and issue a consequential direction to the respondents 3 and 4 to honor the pay bills presented by the management for the release of arrears of salary of the petitioner. Counsel for the Petitioner: MR.CH.SAMSON BABU Counsel for the Respondents 1 to 4: GP FOR EDUCATION The at the admission stage Court made the following : ORDER: Questioning the action of the respondents 3 and 4 in not releasing the arrears of salary for the period which the petitioner was illegally kept under suspension, despite the clear directions issued by the Commissioner dated 3-7-2004 in his Rc.No.2641/D1-4/2001, the petitioner filed the present writ petition. For certain irregularities said to have been committed by the petitioner, he was placed under suspension from 2-7-2001 to 21.5.2004. Thereafter, it seems no enquiry has been conducted. The Secretary, Board of Education CBCNC, the fifth respondent by order dated 28.10.2004 regularized the services of the petitioner from 2.7.2001 to 21.5.2004 by treating the entire period as on duty for all purposes. The District Educational Officer in his proceedings No.22-A9/2001 dated 21-11-2004 returned the same to the self designated secretary, Board of Education of CBCNC, Vuyyuru, Krishna District, so as to forward the same to the Deputy Educational Officer. Accordingly, the first respondent by its letter dated 9-2-2005 forwarded the same to the District Educational Officer, Kakinada. Therefore, the third respondent has to take appropriate decision in accordance with the proceedings of the fifth respondent dated 9.2.2005. Hence, without going into the merits of the case, the Writ Petition is disposed of directing the third respondent to take appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. _____________________ K.C. Bhanu, J. 7th April 2005 js. To 1 The Commissioner & Director of School Education, A.P.Hyderabad. 2 The Regional Joint Director of School Education, Kakinada, East Godavari District. 3 The District Educational Officer, Kakinada, East Godavari District. 4 The Deputy Educational Officer, Kakinada, East Godavari District. 5 The Correspondent, CBMC High School, Samalkot, East Godavari District 6 Two CCs. to G.P. for Education, High Court Buildings, Hyderabad. 7 2 CD copies.