IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27570 of 2008 Between: A. Anasurya D/o. Kishtaiah R/o. Bommalaramaram, Nalgonda, Nalgonda District. ..... PETITIONER AND 1 The Andhra Pradesh Residential Educational Institutions Society (REGD), Rep. by its Secretary, Gagan Vihar, IIIrd Floor, Nampally, Hyderabad. 2 The Special Officer K.G.B. Vidyalaya, Bommalaramaram Nalgonda 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 issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not continuing the petitioner in service as T.G.T.C.R.T (Social) K.G.B. Vidyalaya Bommalaramaram Nalgonda District as appointed by the petitioner vide Proceedings Rc No. 9566/A2-2/2005 dt5-12-2005 even after submission of Medical Certificate dt. 8-4-2008 as illegal arbitrary and violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to continue the petitioner as T.G.T.C.R.T. (Social) K.G.B. Vidyalaya, Bommalaramaram, Nalgonda District in the 2nd respondent School by renewing with all other benefits and pass Counsel for the Petitioner: MR.K.BUCHI BABU Counsel for the Respondents: MR.K.DURGA PRASAD The Court made the following : ORDER: This writ petition has been filed by Ms. A. Anasuya questioning the action of the second respondent-the Special Officer, K.G.B. Vidyalaya, in not continuing her in service as TGTCRT. The petitioner was appointed as a Trained Graduate Teacher (TGT) on 16.05.2005 on contract basis. She remained absent from 23.01.2008 onwards. Subsequently, she made an application to the respondents seeking permission to join duty by explaining reasons for her absence. Since the second respondent did not take her into service, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, Sri K. Durga Prasad, learned Standing Counsel of A.P. Residential Educational Institutions Society received notice on behalf of respondents 1 & 2. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. Learned counsel appearing for the petitioner submits that the petitioner failed to attend the duty because of her ill health and after recovery, she submitted a representation seeking permission to join duty by explaining the reasons for her absence. It is stated that TGTCRT (Social studies) post in the second respondent school is still vacant. Indisputably, the appointment of the petitioner was on contract basis for a specific period, and she remained absent. The learned Standing Counsel on instructions reported that, as on today there is no vacancy in the second respondent school to accommodate the petitioner, and by termination of contract, she has no vested right to seek reappointment. In that view of the matter, nothing survives for adjudication in this writ petition, and the same is accordingly dismissed at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 21st January, 2009 Js.