IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 17574 of 1999 Between: Smt.K.Anitha W/o.S.Dinesh Kumar D/o.Late K.Papalal R/o.House No.1-126, Saroornagar, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep: Secretary to Government, Education(School)Department, Secretariat, Hyderabad. 2 The Regional Joint Director of School Education Hyderabad. 3 The District Educational Officer Ranga Reddy District S.P.Road, Secunderabad. 4 Victoria Memorial Home and Industrial School Rep. by its Honorary Secretary, Saroornagar, Hyderabad. .....RESPONDENTS 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 an order or direction, more in the nature of Writ of Mandamus, declaring the inaction on the part of the respondents 1 & 2 in ratifying the appointment of the petitioner inspite of several letters issued by the 3rd respondent vide his Letter Rc.No.13228/B3/98, dated 17/1/1995, and also the reminder letter Rc.No.13228/B3/98, dated 28/7/1995, requesting the 2nd respondent to ratify the same as illegal, arbitrary, unjust and unconstitutional being violative of Articles 14,16 and 21 of the Constitution of India and consequently direct the respondents to ratify and regularize the services of the petitioner in the category of Scavenger-cum- Attender with all consequential benefits, including the arrears of salary in the scale of Rs.1375-2375 with usual allowances from the date of the intial appointment of the petitioner. Counsel for the Petitioner:MR.D.RAMESH Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : ORDER: When the matter is called, none appears for the petitioner. 2. The petitioner seeks to issue a writ of mandamus declaring the inaction of respondents 1 and 2 in ratifying her appointment as Scavenger-cum-Attender in the 4th respondent-Institution in spite of the recommendation made by the 3rd respondent-District Educational Officer, Rangareddy District, as illegal and arbitrary. 3. This Court, by order, dated 21.12.1999, in WPMP Nos. 21872 and 21871 of 1999, directed continuance of the petitioner in service as Scavenger-cum-Attender in the 4th respondent-Institution and she shall be paid salary attached to the post from the date of her initial appointment. 4. Learned counsel appearing for the respondents submits that the 3rd respondent issued proceedings in Rc.No.3444/B3/2000, dated 17.11.2000, admitting the claim of the 4th respondent-Institution for payment of salary to the petitioner and the arrears were paid. 5. No counter-affidavit has been filed on behalf of respondents 1 and 2 to show whether the appointment of the petitioner is ratified or not. 6. As no counter-affidavit is filed, I am of the opinion that there cannot be any justification on the part of the 2nd respondent in not ratifying the appointment of the petitioner as Scavenger- cum-Attneder, as recommended by the 3rd respondent, vide his letter in Rc.No.13228/B3/93, dated 17.01.1995, and the confirmation letter, dated 28.07.1995. As the averments made in the writ affidavit about the appointment of the petitioner in the existing post on compassionate grounds and the recommendation by the 3rd respondent for ratification are not disputed or controverted, the Writ Petition is allowed, as prayed for. No order as to costs. _______________ V.ESWARAIAH, J Dated:15.07.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary to Government, State of Andhra Pradesh, Education(School)Department, Secretariat, Hyderabad. 2 The Regional Joint Director of School Education Hyderabad. 3 The District Educational Officer, Ranga Reddy District S.P.Road, Secunderabad. 4. The Government Pleader for School Education, High Court Buildings, Hyderabad. (OUT) 5.2CD copies Form-NIC-OGS/WP{JCS}