IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 1046 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/07/2000 in WP NO : 34050 OF 1998 on the file of the High Court.) Between: 1 M. Radhakrishna Murthy S/o Lakshminarasaiah Secondary grade teacher, Near Raja Mahal, Kandukuru, Prakasam Dist. 2 K. Mallikarjuna Rao, S/o Kondaiah Secondary grade Teacher, Nancharamma Nagar, Kandukuru, Prakasam Dist. 3 J. Kanakaiah S/o Subrahmanyam Secondary Grade Teacher, Gandhi Nagar, Kandukuru, Prakasam Dist. ..... APPELLANT(S) AND 1 The District Educational Oficer Ongole, Prakasam Dist 2 The District Rationalisation Committee Chairman / Dist. Collector Ongole, Prakasam Dist. 3 The Commissioner and Director of School Education Govt. of A.P. Saifabad, Hyderabad 4 The Govt. of A.P. Secretary Education Dept., Secretariat Buildings, Hyderabad 5 B. Chechappanaidu Kesava Memorial Educational Society Kandukuru, Prakasam Dist. 6 The Secretary /Correspondent Kesava Memorial Educational Society Kandukuru, Prakasam Dist. .....RESPONDENT(S) Counsel for the Appellant:MR.KASAJAGANMOHAN REDDY Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL No.1046 of 2001 JUDGMENT: (Per Hon’ble Smt. Justice T.Meena Kumari) The present Writ Appeal is filed against the order, dated 19.07.2000, in W.P.No.34050 of 1998, which was filed by the petitioners questioning the action of the respondents in handing over Parasara Bharathi Oriental Elementary School, Kandukur to Keshav Memorial Educational Society and the counseling under rationalization, and seeking to declare the proceedings, dated 27.08.1998, 17.11.1998 of the 1st respondent and the proceedings of the 6th respondent dated 28.08.1998 as illegal. The District Educational Officer vide proceedings dated 27.08.1998 accepted the transfer of Parasara Bharathi Oriental Elementary School to Keshav Memorial Educational Society, Kandukur. Pursuant thereto, the Secretary and Correspondent of the Keshav Memorial Educational Society, Kandukur issued proceedings dated 02.09.1998 directing petitioners/teachers to join duty, questioning which the writ petition came to be filed. During the pendency of the writ petition, the Commissioner vide proceedings dated 16.09.1999 clarified and ordered re-deployment of four teachers to the needy Mandal Parishad and Zilla Parishad schools in Kandukur. He also held that transfer of recognized aided private schools to the new society was prohibited under the Rules. The writ petition was disposed of by the learned Single Judge directing the District Educational Officer to implement the orders of the Commissioner in proceedings dated 16.09.1999 immediately. The learned Single Judge further held that the teachers shall be entitled to treat the entire period of absence from Parasara Bharathi Oriental Elementary School as in service, but they shall not be entitled to any wages for the period during which they did not work as teachers either from Parasara Bharathi Oriental Elementary School through District Educational Officer or Zilla Parishad School. Aggrieved by the order of the learned Single Judge in denying them salary, the present appeal is filed. It is the main grievance of the appellants that they stood to loose nearly 1½ year’s salary and that the findings of the learned Single Judge in this regard were not justified. We have perused the order of the learned Single Judge. After going through the material on record, we are of the opinion that the learned Single Judge had safeguarded the interest of the appellants by directing the respondents to treat the period during which the appellants did not work, as in-service. However, having regard to the facts and circumstances of the case, the appellants are given liberty to make a representation to the authorities concerned for payment of salaries. As and when such application is made, the same shall be disposed of within a period of three months, in accordance with law. With the above observation, the writ appeal is disposed of. ______________________ T.MEENA KUMARI, J Date: 14.07.2008. ______________________________ RAMESH RANGANATHAN, J. GS