IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT: THE HON'BLE Mr. JUSTICE V. ESWARAIAH AND THE HON'BLE Mr. JUSTICE P. SWAROOP REDDY WRIT PETITION Nos.555 OF 1999 AND 2585 OF 2001 WRIT PETITION No.555 OF 1999 Between: Smt. Mantadaa Graceamma, W/o Prasad, C.B.C.N.C, Elementry School, Mala Lanka, Krishna Dist. ..... PETITIONER AND 1 The Interim Correspondent C.B.C.N.C., Upper Primary & Elementary Schools, East Vuyyuru Feild, Vuyyuru, Krishna Dist. 2 The Dist Educational Officer, Krishna Dist, Machilipatnam 3 T. Swarnalatha, W/o Ch. Dayakar Babu, C.B.C.N.C. Upper Primary School, Vuyyurugudem, Vuyyuru Mandal, Krishna Dist. (R-3 is impleaded as per the order dated 02-02-2001 in W.P.M.P. No.19582 of 2000) .....RESPONDENT(S) 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 a Writ, more in the nature of Mandamus, declaring the action of the respondent in not posting the petitioner as Headmistress in C.B.C.N.C. Upper Primary School, Vuyyurgudem, Krishna dist, as arbitrary,illegal, malafids, violating Art.14 &21 of the Constitution of India and contrary to the orders of the Hon'ble High court in WP.No.9254/96 Dt:31-3-97 which was upheld in WA.No.430/97 Dt:24-7-97 and issue consequential directions directing the respondents to post the petitioner forthwith as Headmistress, CBCNC Upper Primary School, Vuyyurugudem, Krishna Dist and pass Counsel for the Petitioner : Mr. P.V. KRISHNAIAH Counsel for Respondent No. : GP FOR SCHOOL EDUCATION WRIT PETITION NO : 2585 of 2001 Between: Smt. T. Swarnalatha, W/o Ch Dayakar Babu, CBCNC Upper Primary School, Vuyyurugudem, Vuyyuru Mandal, Krishna Dist. ..... PETITIONER AND 1 The Dist Educational Officer, Machilipatnam, Krishna Dist. 2 The C.B.C.N.C. Upper Primary School, Rep by its Correspondent East Vuyyuru Field, Vuyyuru, Krishna Dist. 3 Smt. Mantada Graceamma, W/o Prasad, CBCNC Upper Primary School, Vuyyurugudem, Vuyyuru Mandal, Krishna Dist .....RESPONDENT(S) 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 a Writ order or direction particularly one in the nature of Writ of Mandamus declaring the proceedings of the respondent No.1 bearing Rc.No.176/69/89 Dt:3-8-00 as illegal and ultra virus to the provisions of the Article 14 of the Constitution of India and also the mandatory provisions of A.P. Educational Act and the rules issued from time to time on the subject and pass Counsel for the Petitioner : Mr. V.S.R. ANJANEYALU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : COMMON ORDER: (Per Hon’ble Mr. Justice V. Eswaraiah) Since both the matters are interrelated and the parties are same, we are disposing of both these writ petitions by this common order. 2. W.P. No.555 of 1999 relates to posting of the petitioner Smt. Mantadaa Graceamma, who is respondent No.3 in W.P. No.2585 of 2001, as Head Mistress in C.B.C.N.C. Upper Primary School, Vuyyurugudem, Krishna District and W.P. No.2585 of 2001 is filed by Smt. T. Swarnalatha, who is respondent No.3 in W.P. No.555 of 1999, for declaration of the proceedings of the District Educational Officer, Krishna District, Machilipatnam as illegal and ultra virus. 3. The petitioner in W.P. No.555 of 1999 was aged 50 years in 1999 and has already attained superannuation in 2009. Therefore, we are of the opinion that both the writ petitions have become infructuous. 4. Therefore, both the Writ Petitions are dismissed as infructuous. ______________________ V. ESWARAIAH, J June 4, 2009. ______________________ P. SWAROOP REDDY, J PV/GK