IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND SIX :PRESENT: THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9765 of 2005 Between: K.Sridevi, D/o. Laxminarsimhachary, Working as Crafts Teacher, R/o. H.No. 2-6-931,KLN Reddy Colony, Subedari, Hanamkonda , Warangal. ..... Petitioner AND 1 The Director of School Education, Nampally Hyderabad. 2 The Regional Joint Driector of School Education, Warangal , Warangal District. 3 The District Educational Officer, Warangal, Warangal District. 4 Secretary-cum-Correspondent, Dr.V.Malleshwar Memorial Govt., Aided Saraswathi High School , Kareemabad, Warangal. 5 Govt. of A.P. rep. by its Secretary, School Education, Secretariat, Hyderabad ( R5 is impleaded as per court order dt. 19-9-2005 in WPMP 25862 of 2005 ) .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents in not granting the approval and seeking clarification under the impugned letter in Rc.No. 2629/B3/2003 dated 14.3.2005 with reference to government Memo No. 12080/C&DSE/A2/2004-4 dated 20.10.2004 and not releasing and paying the salary to the petitioner from 28.8.2003 against the sanctioned aided post of 'Craft Instructor ' as totally illegal, without jurisdiction and in violation of Articles 14 and 16 of the constitution of India and consequently direct the respondents to release and pay the salary to the petitioner with effect from 28.8.2003 with all arrears and other consequential benefits. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the order of the High court dated 19-9-2005 made in WPMP.No. 12732 of 2005 and upon hearing the arguments of Sri S. Lakshma Reddy, Advocate for the Petitioner and of the Govt. Pleader for Education for the respondents, the court made the following: ORDER: In the main writ petition, the petitioner seeks direction to release and pay salary attached to the grant-in-aid post of Craft Instructor. It is the case of the petitioner that, she was appointed as Craft Instructor by the duly constituted Staff Selection Committee, but however, without any reason, when the proceedings are sent for approval of the competent authority. I.e. Regional Joint Director of School Education, Warangal District, no orders have been passed. It is stated that as much as no orders have been passed within one month, as per the rules framed in G.O.Ms.No. 1, Education, dated 1-1-1994, the proceedings are deemed to have been approved; as such, the petitioner is entitle for salary attached to the post of grant-in-aid post. Contd…. -2- It is submitted by the learned Government Pleader appearing for the respondents that, earlier, orders have been passed by the Regional Joint Director of School Education in proceedings Rc.No. 2629/B3/2005, dated 28- 10-2005 stating that the Management has violated the rules in making appointments. However, the order dated 28-10-2005 is only an order wherein request for payment of salary to the petitioner attached to the grant-in- post from 28-8-2003 onwards was rejected. It is submitted that the proposals sent by the fourth respondent school are pending consideration and no orders have been passed indicating reasons either for approval of rejecting the same, in that view of the matter, the competent authority i.e. Regional Joint Director of School Education, Warangal, is directed to pass appropriate orders on the proposals sent by the fourth respondent –school and communicate the same within a period of six weeks from today. Post W.P. after six weeks. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Director of School Education, Nampally Hyderabad. 2 The Regional Joint Driector of School Education, Warangal , Warangal District. 3 The District Educational Officer, Warangal, Warangal District. 4 The Secretary-cum-Correspondent, Dr.V.Malleshwar Memorial Govt., Aided Saraswathi High School , Kareemabad, Warangal. 5 The Secretary, Govt. of A.P. School Education, Secretariat, Hyderabad ( 1 to 5 by Rpad) 6.2 CCs to the Govt. Pleader for Education, High court of A.P.Hyd. (O.U.T) 7. One C.C.to Sri S.Lakshma Reddy, Advocate. (OPUC) 8. One spare copy. Bsr HIGH COURT RSR.J. DATED 24-8-2006 POST W.P. AFTER SIX WEEKS. ORDER W.P.NO. 9765 OF 2005 DIRECTION BSR DT.26-8-2006 HIGH COURT RSR.J. DATED 24-8-2006 POST W.P. AFTER SIX WEEKS. ORDER W.P.NO. 9765 OF 2005 DIRECTION