IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11500 of 2000 Between: V.Rajeswari ..... PETITIONER AND The Commissioner & Director of Collegiate Education, Govt of A.P. Hyderabad and 2 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11500 of 2000 O R D E R: Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the 2nd respondent. None appears for Respondents Nos.1 and 3. It is the case of the petitioner that her husband died in a road accident on 17.08.1993 while working as Lecturer in History in the 2nd college. After demise of her husband she passed the State Level Eligibility Test in January 1999 and she was initially appointed as a Lecturer in History and therefore, the aided vacancy in Lecturer in History held by her is a clear vacancy in the 2nd respondent college. But the 2nd respondent issued paper advertisement dated 26.08.1998 calling for applications for filling up of vacancies of Lecturer in History. In the OC woman category as per the roaster point and she was selected by the Selection Committee as per the Rules. It is stated that her selection was also approved by the University and the 2nd respondent sent the proposals to the 1st respondent on 15.03.2000 for absorption of the petitioner in the aided post consequent to her selection by a regularly constituted Selection Committee, but no action has been taken by the 1st respondent. It is stated that in the instant case, the approval has been accorded by the concerned University also. While so, the 1st respondent vides his order in Rc.No.1128/Admn. V-3/2000, dated 23.06.2000 deputed the 3rd respondent to work as Lecturer in History in the place of the petitioner. It is stated that the petitioner has been working in the said aided post and her appointment was also approved by the University. It is stated that the aided post of Lecturer in History in the 2nd respondent college was not available and therefore, appointing the 3rd respondent on deputation in her place is illegal and unsustainable. It is further stated that admittedly, the petitioner’s husband died while working as Lecturer in the aided post of Lecturer in History in the 2nd respondent college and therefore, the petitioner is entitled for appointment on compassionate grounds subject to eligibility. It is stated that the petitioner on regular selection basis was selected and appointed as a Lecturer and in fact, the petitioner is entitled to be absorbed in the said aided post of Lecturer in History which her husband was holding. It is further stated that the 2nd respondent college vide proceedings dated 15.03.2000 submitted proposals for absorption of the petitioner in the aided post of Lecturer in History in the 2nd respondent college, but the 1st respondent without any justification whatsoever did not pass any orders. A counter was filed admitting that the husband of the petitioner while working as Lecturer in History in the aided post died in a road accident on 17.08.1993 and the said post falls vacant. It is further admitted that the said post was admitted into grant-in-aid w.e.f.16.04.1990. The only ground taken for not absorbing the petitioner is that there are backlog vacancies for scheduled castes and scheduled tribes. The particulars of the backlog posts have not been furnished. In fact it is the specific case of the petitioner that the said post is meant for OC woman category as per the roaster point and the petitioner being O.C.woman, is entitled to be appointed in the said post as well as on the ground that her husband while working in the said aided post died and therefore, she is entitled to be absorbed in the said post. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of and the impugned order dated 23.06.2000 of the 1st respondent, posting the 3rd respondent in the aided post of Lecturer in History in the 2nd respondent college is set aside and the respondents are directed to pass appropriate orders for absorption of the petitioner in the said grant-in-aid post of Lecturer in History, in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Dated: 02.12.2010 Dsr Note: Furnish copy in one week. B/o Dsr