IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 21379 of 1999 Between: Razia Sultana D/o Syed Abdul Samad Govt. Girls Junior College Jagital, Karimnagar Dist ..... PETITIONER AND 1 The Secretary to Govt Education (IE) Department, Secretariat, Hyderabad 2 The Director of Intermediate Education AP, Hyderabad 3 The Regional Jt. Director of Higher Education Warangal 4 The Principal Govt. Junior College for Girls, Jagatial, Karimnagar, .....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 or order or Directions, more particularly in the nature of Writ of Certiorari calling for the records in O.A.No.5999/97 dt. 17/08/99 on the file of Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same and consequently direct the respondents to regularise the service of the petitioner from 1978 to 1992 with fixation of salary and arrears, and consequently promote the petitioner as Principle/Degree College Lecturer on par with her juniors and Counsel for the Petitioner: MR.VARADA RAJULU VELLAMAYINA Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) 1. This Writ Petition is filed against the orders of A.P. Administrative Tribunal, Hyderabad in OA 5999/97 dated 17.8.1999. The said OA was filed by the petitioner seeking regularization of her service from 1978 to 1992 with fixation of salary and arrears, and consequently promote her as Degree College Lecturer on par with her junior. 2. The petitioner was terminated from service earlier by the Regional Joint Director of Higher Education vide proceedings in R.C.No.124/C2/85 dated 9.6.1987 for her unauthorized absence for a period of five years. The said proceedings dated 9.6.1987 were questioned by the petitioner in R.P.No.1315/1988 on the file of the A.P Administrative Tribunal, Hyderabad and the Tribunal vide its order dated 4.9.1992 made the following order: “Though it is specifically asserted on behalf of the applicant that she reported for duty after expiry of leave and to that effect submitted several representations, the counter is not specific whether the representations submitted by the applicant were received in the office or she has not at all submitted the same. This could be done by verifying the in ward registers maintained in the concerned office. Without verifying the same, the respondents have filed the counter. Therefore, the whole matter has to be reviewed by the respondents. We direct the respondents to review the matter with reference to the specific averments made by the applicant particularly of the assertion that she has reported for fully and in that regard submitted several representations on various dates. The applicant be given an opportunity before recording finding and passing orders. This exercise should be completed as expeditiously as possible. The applicant should cooperate with the authorities to conclude the enquiry and pass final orders in the matter. In the meanwhile, we direct the respondents to issue posting orders forthwith to the applicant, subject to the result of the enquiry and passing of fresh orders. The question of regulating the period of absence could be determined after the result of the enquiry and passing the final orders by the respondents. The case is accordingly disposed of. No costs.” 3. It is stated that pursuant of the said orders, the petitioner was reinstated and posted as Junior Lecturer in Urdu at Government Junior College, (Girls) Jagtial subject to the result of the enquiry and passing of the fresh orders vide proceedings of the Regional Joint Director of Higher Education, Warangal dated 13.10.1992 in R.C.No.124/C2/85. An enquiry was ordered with regard to the unauthorized absences period of the petitioner and the Regional Joint Director, Higher Education, Warangal conducted an enquiry and submitted a report dated 15.4.1993. When the enquiry was pending, the petitioner filed OA No.5999 of 1997 seeking regularization of her service from 1978 (infact 1987) to 1992 during which period she was kept under termination. Pursuant to the said enquiry report, the Government vide Memo No.34476/IE.1/97-2, dated 26.2.98 informed the Director of Intermediate Education, Hyderabad that the leave applications submitted by the petitioner may be treated as leave to which she is eligible as per rules, and the period of unauthorized absence not covered by any leave application has to be treated as “Dies- non” under the provisions of Fundamental Rule 18, and accordingly requested him to finalise disciplinary action against the petitioner expeditiously and also file appropriate counter in OA No.599/1997 filed by the petitioner. 4. It is the case of the petitioner that pursuant to the earlier orders of the Tribunal in RP No.1315/1988, the petitioner was reinstated in service subject to the result of the enquiry and passing of the fresh order for regularization of the period of absence, depends upon the result of the enquiry. But the Government neither initiated any disciplinary proceedings nor conducted any enquiry with regard to the unauthorized absence of the petitioner. It is stated that the enquiry conducted by the Regional Joint Director and passing of orders by the Government in Memo dated 26.2.1998 is against the principles of natural justice, as no prior notice was issued and no opportunity of being heard was given to the petitioner. 5. The learned counsel appearing for the petitioner submitted that as the petitioner was not furnished the copy of the enquiry report and the said Government memo, the order of the Tribunal is required to be set aside. But, however, during the course of arguments, the learned counsel appearing for the petitioner submitted that as the petitioner has already been retrenched from service, she may be given a reasonable opportunity to make a representation before the competent authority ventilating all her grievances with regard to regularization of her services for the period during which she was under termination from 1987 till date of reinstatement. The Government Pleader furnished the copy of the enquiry report dated 15.4.1993 and the Government memo dated 26.2.1998 so as to enable the petitioner to make a representation before the Government. 6. Having regard to the submissions made by the learned counsel for the petitioner, without going into the merits of the case, we dispose of the writ petition, permitting the petitioner to make a representation ventilating all her grievances within a period of 3 weeks from the date of receipt of a copy of this order and on filing such representation, the same may be considered and disposed of in accordance with law. No order as to costs. _________________ V.ESWARAIAH,J _____________________ P.SWAROOP REDDY,J Date:08.06.2009. gk/dsr THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 21379 of 1999 Date:08-06-2009