HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT APPEAL No.1921 of 2005 ORDER: (per Honourable Sri Justice B.Prakash Rao) Heard both sides. The unsuccessful writ petitioner is the appellant herein, who filed this appeal, under Clause 15 of the Letter Patent Appeal, in dismissing the Writ Petition, wherein he sought for a mandamus to declare the action of the respondents in not considering his case either for conversion of waterman post into Class-IV post or to absorb him in the post of attender, which was lying vacant in the fourth respondent-School, as illegal, arbitrary and unjust, and to direct the respondents to consider his case for appointment in the post of attender. Facts, in brief, are that the appellant-petitioner was appointed as a waterman in the fourth respondent-School on 31.08.1985 in the place of Sri P.Ramudu, who left the fourth respondent-School. The appellant would state that the Government had issued G.O.Ms.No.237, dated 04.04.1985, prescribing the guidelines for conversion of contingent staff to Class IV staff and provided that the persons who have completed 10 years of service as on 01.04.1985 were eligible to be absorbed as Class-IV staff. The appellant would state that though he has completed 20 years of service, his case remained unconsidered. Hence, he filed W.P.No.22220 of 2003 before this Court. The said writ petition was contested by the fourth respondent-School. The main contention urged, on behalf of respondents 1 to 3 herein, before the Learned Single Judge was that since the very appointment of the petitioner was not against a sanctioned post, no right confers on him to seek the relief under G.O.Ms.No.237, dated 04.04.1985. The Learned Single Judge having taken into consideration the submissions of the respective parties did not favour the appellant and dismissed the writ petition following the principles laid down in A.Uma Rani V. Registrar of Cooperative Societies[1]. Hence the appeal. Learned Counsel for the appellant submitted that having regard to the long service put in by the appellant, that in view of the decision of the Supreme Court in A.Manjula Bhashini v. A.P. Women’s Cooperative Finance Corporation Limited[2] and in terms of G.O.Ms.No.212 dated 22.04.1994, his case is entitled to be considered. Learned Counsel for the fourth respondent-School would submit that the very appointment was in a non-existing post, the question of converting waterman post into Class-IV post does not arise. Having considered the submissions made by the learned counsel and on a perusal of the material available on record, it is clear that though the petitioner was appointed in a non-sanctioned post, his case has to be considered in terms of G.O.Ms.No.212 dated 22.04.1994. Be that as it may, the Deputy Educational Officer, Nellore, vide letter dated 27.10.1999, informed to the third respondent-District Educational Officer of the existing posts, that appointments made thereunder with regard to the non-sanctioned posts and that the proposals submitted by the fourth respondent- School be considered for conversion of waterman post into Class- IV post. On enquiry, it was submitted by the learned Government Pleader for Higher Education that the third respondent has not passed orders as yet. No counter affidavit is filed by the respondents, either in the writ petition or in this appeal, with regards the proposals sent by the Deputy Educational Officer, Nellore. In view of the same, as long as the decision is not taken, the appellant cannot make any claim against any post. Hence, we deem it appropriate to direct the third respondent-District Educational Officer to consider the proposals submitted by the fourth respondent-School and pass orders within a period of one month from the date of receipt of a copy of this order. However, it is made clear that consideration of the case of the appellant would be subject to the orders that may be passed therein on the proposals submitted by the fourth respondent-School. The Writ Appeal is, accordingly, disposed of. No order as to costs. B.PRAKASH RAO,J G. BHAVANI PRASAD,J Date:11.08.2010 usd [1] 2004(7) SCC 11 [2] 2009(8) SCC 431