IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4320 of 2008 Between: B. Venakata Rao S/o. Rao, Jandrapet, Chirala Mandal, Prakasam District. ..... PETITIONER AND 1 Government of A.P., rep. by its Prl. Secretary, Education Department, Secretariat, Hyderabad. 2 Director of School Education, Government of A.P., Hyderabad. 3 The Regional Joint Director, Guntur. 4 District Educational Officer, Prakasam Dist., Ongole. .....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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing proceedings in Rc.No.Spl-1/Spl.Officer/B4/2007 dt. 11.01.2008 by refusing to pay the salary to the aided staff of the B.V. & B.N. High School, Jandrapet, Chirala without assigning any valid reasons by merely mentioning the opinion obtained by them to wait for orders in writ petition as illegal, arbitrary, without jurisdiction, violation of Art. 14 and 21 of the Constitution of India and consequently direct the respondents to release the arrears of the salary liable to be paid to the aided staff of B.V. & B.N. High School, Jandrapet, Chirala forthwith and to pass such other order or orders Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.4320 of 2008 ORDER: The petitioner is the Head Master of B.V & B.N High School, Jandrapet, Chirala Mandal, Prakasam District. The Government had declared the existing Correspondent as unfit, to discharge the functions. The same is the subject-matter of a writ petition. In the meanwhile, the bills were being submitted, claiming the salaries of the staff members, by the same Correspondent. Obviously, because of the orders passed by themselves, the respondents did not honour the same. The petitioner contends that on account of the uncertainty prevailing in the matter, the other staff members are not being paid salaries for the last several months, and accordingly he seeks direction. Respondents filed counter-affidavit, making a reference to the proceedings, that have ensued so far. It is ultimately urged that the bills submitted by the Correspondent, who was declared unfit; cannot be honoured, at all. Heard the learned counsel for the petitioner and learned Government Pleader for School Education. The petitioner, as of now, does not represent the Institution. The question, as to who should be declared as Correspondent, is pending adjudication before this Court in W.P.No.18885 of 2007. However, the employees of the institution cannot be made to suffer. It is true that this Court passed an interim order, suspending the orders, declaring the Correspondent unfit, and appointing a Special Officer. There does not appear to be any further direction, as to the manner in which, the bills for the salaries of the employees must be submitted. Be that as it may, the interests of the parties can be protected by directing that the bills, to be submitted by the Head Master, and countersigned by the Deputy Educational Officer; be taken into account for disbursement of salaries. Hence, the writ petition is disposed of, directing that the bills, claiming the salaries for the employees of B.V & B.N High School, Jandrapet, Chirala Mandal, Prakasam District; shall be submitted by the Head Master to the Deputy Educational Officer, who in turn shall forward the same to the District Educational Officer, after verification. The bills for the corresponding month shall be released, within ten days from the date of submission. So far as the salaries payable for the past period is concerned, the Deputy Educational Officer shall cause necessary inspection, and after satisfying himself, as to the genuinity of the claims, shall take necessary steps and release the salaries, within a period of four weeks from today. This arrangement shall be subject to the outcome of the Writ Petition No.18885 of 2007. There shall be no order as to costs. ________________________ Dt.26-03-2008. L. NARASIMHA REDDY, J. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}