IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13678 of 2002 Between: E.Syama Sunder, S/o.E.Subba Rao, R/o.Madanapalli, Chittoor District. ..... PETITIONER AND 1 The Hope High School, rep. by its Secretary & Corrspondent Madanapalli, Chittoor District. 2 The District Educatonal Officer, Chittoor District. .....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 to issue orde direction more particularly in the nature of writ of Mandamus declaring the action of the respondents in not paying the remuneration payabe to the petitioner for the period he worked as full-fledged Head Master as illegal, unconstitutional and consequently direct the respondents to pay the remuneration payabvle to the petitioner along with pena interest of 24% and such other order, orders as this Hon'ble court may deem fit and proper in the interest of Justice. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.13678 of 2002 ORDER: Heard both the counsel. The case of the petitioner is that while he was working as First Assistant in Hope High School, Madanapalli, he was posted as Head Master of the 1st respondent school in the year 1994 giving him full additional charge of the Head Master by the Management. It is stated that as he was worked as Head Master holding the full additional charge, it is stated that he is entitled for the salary of the Head Master for the services rendered by him as Head Master. A counter has been filed stating that a regular Head Master was retired on 31.08.1993 and the management sought permission from the Department to appoint the writ petitioner as temporary Head Master till the permanent Head Master is appointed. Accordingly, the Department accepted to appoint the petitioner to act as full additional charge of the Head Master to operate the special fee fund of the institution till the regular Head Master is appointed. It is stated that the 1st respondent Hope High School management is to follow the procedure and sent proposals to appoint the senior most assistant as Head Master. But, in the instant case, the 1st respondent has sought approval of the Department only to appoint the petitioner as full additional charge Head Master to operate special fee fund of the institution. It is stated that the petitioner was not appointed as Head Master in accordance with Rules, but he was only holding the full additional charge Head Master to operate the special fee fund of the institution and therefore, the Department is not liable to pay the full additional charge allowance, and accordingly, the Department informed the petitioner to approach the 1st respondent for payment of full additional charge allowance, as per the proceedings in RC.No.11768/B2/01, dated 29.04.2002. As the 1st respondent has not sent any proposal to promote the petitioner as Head Master, the 1st respondent alone is liable to pay the allowance to the petitioner for his work as full additional charge Head Master to operate special fee fund of the institution, and as the petitioner is not regular Head Master, the Department is not liable to pay any allowances payable to the regular Head Master. Having regard to the facts of the case, I am of the opinion that the as petitioner has not been appointed as Head Master after following the due procedure and as the 1st respondent school has not sent any proposal, recommending the name of the petitioner for his appointment and in the absence of any regular approval by the Department, appointing the petitioner as Head Master, the Department is not entitled to pay the remuneration, and therefore, the writ petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to take appropriate steps for recovery of remuneration payable to him for his working as full additional charge Head Master from the 1st respondent management. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 17.06.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Hope High School, rep. by its Secretary & Corrspondent Madanapalli, Chittoor District. 2 The District Educatonal Officer, Chittoor District. 3 2. 2CCs to 4. 2CD copies