IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 6829 of 1999 Between: Dr.S.somalinga Reddy, S/o s.Somi Reddy G.C.S.S.Junior College, Sangadigunta, Guntur 522 003 ..... PETITIONER AND 1 The Principal Secretary Department of Higher Education, Government of A.P.,Secretariat Buildings Hyderabad 2 The Secretary and Correspondent C.G.S.S.Junior College, Sangadigunta, Guntur-522 003 .....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 of mandamus declaring the inaction of the 1st respondent in not passing orders on the representation of the petitioner, dt. 27-2-1999 taking into account 8 years and 7 months of unaided service in fixing pensionas being illegal, unjust, arbitrary and violative of Atricles 14 and 21 of the Constitution of India Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondents : GP FOR HIGHER EDUCATION The Court made the following : ORDER: Both Sri E.V.Bhagiratha Rao, learned counsel for the petitioner, and the learned Government Pleader for Higher Education would agree that the relief sought for in the writ petition i.e., for taking into consideration of eight years and seven months of unaided service of the petitioner and treating it as aided service for the purpose of fixing pension, cannot be granted in view of the bar in Act 26 of 2006. Sri E.V.Bhagiratha Rao, learned counsel for the petitioner would, however, request this Court to grant liberty to the petitioner to challenge the vires of the said Act. Leaving it open to the petitioner, if he so desires, to challenge the vires of the Act, the writ petition fails and is, accordingly, dismissed. No costs. _________________________ RAMESH RANGANATHAN,J 22nd February, 2008 v v To 1.2CCs to 2.2CD copies