IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYIETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33457 OF 2011 Between: N. Mala Kondaiah … Petitioner V/s. The Govt. of Andhra Pradesh Represented by its Principal Secretary Education (PS) Department, Hyderarbad & Ors. … Respondents Counsel for the Petitioner : Sri P. Lakshmana Rao Counsel for the Respondents : GP for School Education The Court made the following : (Order follows next page) THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33457 OF 2011 O R D E R : Heard the learned counsel for the petitioner and the learned Government Pleader for Education. 2. This writ petition is filed by the petitioner seeking mandamus, declaring the action of the respondents in not absorbing the petitioner in to their aided vacancies as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to absorb the petitioner into aided vacancy keeping in view of the Judgment of the Hon’ble Supreme Court in SLP.No. (C) 10941/2007, dated 06-09-2011 and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case. 3. The case of the petitioner is that he was appointed as Attender in un-aided post on 01-7-1988. While so, he has been absorbed from un- aided post to aided vacant post of attender w.e.f. 01-7-1992, as the vacancy arose due to retirement of one Sri Vaijnath on superannuation on 30-6-1992. Therefore, the case of the petitioner was recommended by the Correspondent with the concerned authorities seeking absorption of the petitioner. But the case of the petitioner was not considered on the ground that there is imposition of ban. 4. The learned counsel for the petitioner relied upon a decision of the Supreme Court in GOVERNMENT OF A.P. AND ORS. V/s. SRI SEVADAS VIDYA MANDIR HIGH SCHOOL AND ORS[1], wherein it is laid down thus: “Even the approval which was granted for filling up the vacant aided posts, had been granted after due scrutiny as to the requirements of the schools in question. Since it is well settled that administrative orders are prospective in nature, unless they are expressly or by necessary implication made to have retrospective effect.” 5. It is also submitted by the learned counsel for the petitioner that in response to the Government Memo.No. 13179/PS/2004-1, dated 03-9- 2004 and C and DSE AP Hyderabad Procdgs.Rc.No.3821/D2-2004, the Correspondent of R.B.Sir Bansilal Balika Vidyalaya High School, Begum Bazar, Hyderabad, who is the fifth respondent herein has addressed a letter to the District Educational Officer, Hyderabad district, which reads as hereunder: With reference to the subject cited above, I would like to submit the following few lines for your kind perusal and favourable action as the case is before ban. 1. It is submitted that Mr.N.Mala Kondaiah initially appointed temporarily as Attender in the un-aided post w.e.f. 01/7/1988 vide Proc.Rc.No.526 dated 01/7/1988 (copy enclosed). 2. It is also submitted that Mr.N.Mala Kondaiah working as Attender in the Un-aided post w.e.f. 01/7/1988 has been absorbed from unaided post to aided vacant post of Attender w.e.f. 01/7/1992 as the vacancy arised due to retirement on superannuation in respect of Sri V.A.Ijnath Attender (Aided), who retired on 30/6/1992 Afternoon vide Proc.Rc.No. 62, dated d01/7/1992 (copy enclosed). 3. It is also submitted that the Government and Commissioner and Director of School Education, A.P. Hyderabad clarified that the Regional Joint Director of School Education, Hyderabad, requested to examine the request made for approval of absorption of Sri Mala Kondaiah, Attender from unaided post w.e.f. 01/7/1992 in accordance with the rules vide reference 1st and 2nd cited above. The above orders were issued before the issue of ban orders. But whereas this case not considered at that time. Further the Government has considered the absorption issue Indira FTC Attender during the 02/9/2005 after the issue of ban orders. 4. In this connection, I request your goodself to kindly examine the matter with sympathetic and humanitarian grounds for approval of absorption of Sri Mala Konda, Attender working since 01/7/1988 and necessary orders may kindly be issued for the same in order to release the incumbent from the financial hardship and mental agony for which of actness, I shall be ever grateful to you. Thanking you, Yours faithfully, Sd/- Secretary R.B. Sir Bansilal Balika Vidyalaya High School, Begum Bazar Hyderabad. 6. Having regard to the facts and circumstances of the case and also having regard to the contents of the letter dated 28-2-2011 in Lr.No. 253/RBSBBVHS/BBR/2011 addressed by the fifth respondent to the District Educational Officer, Hyderabad district, it appears that the matter with regard to the absorption of the petitioner is pending with the authorities. In that view of the matter, the respondents 1 to 4 are directed to consider the case of the petitioner pursuant to the letter dated 28-2-2011 addressed by the fifth respondent to the District Educational Officer, Hyderabad district, and pass appropriate orders in accordance with law, preferably within a period of six weeks from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of at the stage of admission. No costs. _________________________ JUSTICE G. CHANDRAIAH. 20/12/2011 I s L THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO. 33457 OF 2011 CIRCULATION NO.55 DATE:20/12/2011 COURT MASTER : I S l COMPUTER NO. 43 [1] ) (2011) 9 SUPREME COURT CASES-613