THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.33825 of 2011 Date:30.12.2011 Between: P. Vimala Reddy ……….Petitioner. And The Commissioner, Board of Intermediate Education, Andhra Pradesh, Hyderabad and others. ……….Respondents. THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.33825 of 2011 ORDER: Heard the learned counsel for the petitioner. Though the matter was adjourned on 22-12-2011 at the request of the learned Standing Counsel appearing for the 3rd respondent, to day there is no representation. 2. The learned counsel for the petitioner submits that as per the age of the superannuation of the petitioner, the petitioner is due for retirement by 31-12-2011. Therefore, he submitted that necessary orders may be passed in the writ petition. 3. This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in not permitting the petitioner to join duty as Junior Lecturer in Economics in the 1st respondent College or sanctioning necessary leave on the applications forwarded to the 2nd respondent and take the petitioner on duty as Junior Lecturer in Economics and grant necessary leave to the petitioner for the period of absence and permit her to superannuate from service. 4. The case of the petitioner is that she was appointed initially in the Saint Joseph’s Junior College, Hymayatnagar, Hyderabad by proceedings dated 05-06- 1983 as a part time Junior Lecturer in Economics on a consolidated pay of ` 600/- per month. Thereafter, by proceedings dated 25-01-1988, the 1st respondent -Board of Intermediate Education, A.P., Hyderabad issued the proceedings by approving the appointment of the petitioner in Saint Joseph’s Junior College, Himayatnagar. Thereafter, the petitioner was redeployed to New Government Junior College, Malakpet. While so, she suffered from ill-health. Therefore, she could not attend the duties and she applied leave for the period of absence. As soon as she became fit to join the duty, she reported for duty at New Government Junior College, Malakpet, Hyderabad, but the Principal of the New Government Junior College, Malakpet did not allow the petitioner to join the duty. Basing on her application dated 31-10-2011 addressed to the 1st respondent- Commissioner of Intermediate Education, Hyderabad, the 1st respondent by letter dated 02-11-2011 in Rc.No.483/Estt/NGJCM/2011, forwarded her application to the 2nd respondent for taking necessary action in the matter, but no action has been taken. The learned counsel for the petitioner has submitted that by virtue of the age of superannuation, she would attain the age of superannuation by 31-12-2011. 5. The petitioner is a regular employee in the 2nd respondent college, and due to her ill-health she could not attend the duty for some-time and as soon as she became fit to join the duty, she reported to the 2nd respondent but the 2nd respondent did not allow her. Consequently, she is likely to loose her precious service benefits, if she is not allowed to join the duty. Therefore, he submits that necessary directions may be given to the respondents. 6. The material placed on record by the petitioner shows that the petitioner was initially appointed as a part time Lecturer in Saint Joseph’s College in the year 1983 on payment of ` 600/- per month. Thereafter, by proceedings dated 25-1-1998, her appointment was approved by the Board of Intermediate Education vide proceedings R.C.No.59513/E1-2/82, dated 25-01-1988. Thereafter, the petitioner was redeployed to the 2nd respondent-New Government Junior College, Malakpet, by proceedings, which is averred in the letter dated 01-03-2008 addressed by the petitioner to the Commissioner, Board of Intermediate Education, Nampally. The letter R.C.No.483/Estt/NGJCM/2011, dated 02-11-2011 addressed by the Principal, New Government Junior College, Malakpet, Hyderabad to the Commissioner of Intermediate Education, Andhra Pradesh, Hyderabad, reads as under: “GOVERNMENT OF ANDHRA PRADESH From To The Principal, The Commissioner of New Govt.Jr.College, Intermediate Education, Malakpet, Hyderabad. A.P., Hyderabad. [Trough DVEO, Hyderabad] Letter Rc.No.483/Estt/NGJCM/2011 Dated: 02-01-011 Sir, Sub:NGJCM-Pvt.Aided Jr.Colleges Redeployed Staff-Submission Of Medical Certificate and Fitness Certificates for EOL Application of Smt. P. Vimala Reddy, JL in Economics of St. Joseph’s Jr.College, presently on O.D at this college – Regarding. Ref:1] This office letter Rc.No.309/NGJCM/2006,Dt: 17-03-2006. 2] This office letter Rc.No.621/ NGJCM/2007,Dt: 21-04-2007. 3] This office letter Rc.No.802/Estt/NGJCM/2008,Dt:03-03-08. 4] This college letter Rc.No.772/Estt/NGJCM/2011,Dt:22-10-11. 5] Application of Smt. P. Vimala Reddy, JL, Dt:31-10-11, received in this office on 01-11-11, along with Medical and Fitness certificates addressed to the Commissioner, dt:31-10-11. ****** In continuation of the letters cited under references from 1 to 4, I hereby submit the application of Smt. P. Vimala Reddy, JL in Economics of St. Joseph’s Jr. College [who had been redeployed to this college] along with Medical and Fitness Certificates vide letter cited under ref.(5). This is for your information and necessary action. Yours Faithfully, Encls:Nos.(04) Principal New Government College Malakpet, Hyderabad Copy to Smt. P. Vimala Reddy JL in Economics 51, Chikoti Gardents, Begumpet, Hyderabad-16 For information.” 7. In that view of the matter, the writ petition is disposed of as under: “The respondents are directed to consider the case of the petitioner and pass appropriate orders in accordance with law.” ______________________ Justice G. Chandraiah Date:30.12.2011. mrb