THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.2605 of 2003 Dated:24.03.2011 Between: Bathu Prasada Rao …. Petitioner AND The Collector, Guntur District, Guntur and two others …..Respondents THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.2605 of 2003 ORDER: This writ petition is filed by the petitioner seeking for issuance of Writ of Mandamus declaring the action of the respondents in not renewing sanction of the post of Librarian-cum-Sweeper in the office of the 4th respondent-Executive Officer/Secretary, Gram Panchayat, Mellaempudi, Tadepalli Mandal, Guntur District, as illegal and arbitrary and consequently to direct respondents No.1 to 3 to renew sanction accordingly for the periods 2002-2003 and 2003-2004. The case of the petitioner is that there was a post of Librarian- cum-Sweeper in the office of the 4th respondent. The 4th respondent passed a resolution to fill up the post on tender basis for the emoluments of Rs.2400/- per month on consolidated basis. The sanctions were being accorded for the said post by the second respondent herein from time to time since 1994 till 2001. Thereafter, the same was not renewed for the periods 2002-2003 and 2003-2004. Anticipating the renewal, the petitioner worked in the post till 2003. For want of sanction, he has not received any emoluments for the periods 06.01.2002 to 05.01.2003 and prays that non-renewal of the tender for the periods 2002-2003 and 2003-2004 be declared illegal. Hence, this writ petition. In the counter-affidavit filed by the 4th respondent, it is stated that the Gram Panchayat passed a resolution on 12.12.2001 resolving that the sanction for the post of Sweeper-cum-Attender and Librarian- cum-Sweeper was being over by 05.01.2002. Further, it has resolved to request the District Panchayat Officer, Guntur, to fill up those posts by tender process by issuing public notification and if any amount is to be paid to the petitioner from 06.01.2002 to June, 2003 it has to be given only at the rate of Rs.1-/- per month and not more than that. This writ petition is filed to declare the action of the 4th respondent in not renewing the tender for the periods 2002-2003 and 2003-2004. Since the said period is already over, the question of taking any further action as regards the renewal of sanction does not arise. The proceedings of the 2nd respondent-District Panchayat Officer, Guntur, in Roc.No.1412/2003-66, dated 23.09.2003, reads as under:- “Sanction is hereby accorded to Mellempudi gram panchayat in Tadepalli Mandal for the continuation of the post of Librarian cum Sweeper on contract basis on monthly wages of Rs.2200/- for a period of one year from 6.1.2002 to 5.1.2003.” Further, in the counter-affidavit filed by the 4th respondent it is admitted that the petitioner is to be paid towards remuneration for the period from 06.01.2002 to 05.01.2003. Having regard to the same as the petitioner worked as a Librarian-cum-Sweeper during the period from 06.01.2002 to 05.01.2003, respondents No.2 to 4 are hereby directed to consider the case of the petitioner and pay the remuneration to him in accordance with law within a period of two months from the date of receipt of a copy of this order. Subject to the above, this Writ Petition is disposed of. No costs. _______________ G. CHANDRAIAH, J 24th March 2011 bud