THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.7441 of 2004 Dated:28.01.2011 Between: Hameedunnisa Begum …. Petitioner AND The District Educational Officer, (Hyderabad City) M.J.Road, Hyderabad and two others …..Respondents THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.7441 of 2004 ORDER: This writ petition is filed for issuance Writ of Mandamus declaring the action of the respondents in not reinstating, payment of arrears of salary, processing of pension papers, fixation of pension and payment of the same to the petitioner by the second respondent, contrary to the orders of the first respondent in R.C.No.297/14892/CVI/2003 dated 17.10.2003, as illegal, arbitrary. The case of the petitioner is that she was working as a Record Assistant in the second respondent School. She was removed from service by the orders passed by the 2nd respondent-management. Aggrieved by the same, she filed Writ Petition No.17281 of 2002 seeking a mandamus declaring the action of the 1st respondent in not disposing of the appeal filed by her under Section 80 of the Andhra Pradesh Education Act, questioning the orders of removal passed by the 2nd respondent. The said Writ Petition was disposed of by this Court on 01.10.2002. As the authorities failed to pass orders as directed by this Hon’ble Court, she filed Contempt Case No.139 of 2003 against the first respondent. Pursuant to the orders of this Court, the first respondent by proceedings dated 17.10.2003 passed an order setting aside the order of removal giving cogent reasons, as the management failed to follow the procedure, and directed the management to claim salaries and pay the same to the petitioner. Questioning the same, the management filed Writ Petition No.3926 of 2003. The said writ petition was disposed of by this Court on 30.04.2003 directing the first respondent to consider the case of the 2nd respondent (petitioner herein) afresh after giving opportunity to both the parties. Pursuant to the same, the first respondent issued notice to the petitioner herein and ultimately passed orders on 16.10.2003 setting aside the order of removal and directed to conduct enquiry following the procedure contemplated under law and the management agreed to implement the orders of reinstating the petitioner and to send the compliance report. Since no action was taken by the second respondent-management, the petitioner made a representation dated 27.10.2003 seeking to process her pension papers, pay arrears of salary and the other monetary benefits. Though the 2nd respondent-management received the said representation, the benefit of the orders of this Court was not extended to her. Hence, this writ petition. No counter-affidavit has been filed by the second respondent- management, but the counter affidavit filed by the first respondent- District Educational Officer reveals that pursuant to the orders passed by this Court on earlier occasion in W.P.No.3926 of 2003, the District Educational Officer, has addressed the management in R.C.No.297/14892/C VI/2003 dated 17.10.2003 as under:- “In pursuance of the orders issued by the Hon’ble High Court dated 13.04.2003, the District Educational Officer, Hyderabad, desires to have a hearing of both the parties and accordingly, the corresponded AKM High School and respondents 3 & 4 viz Smt. Hameedunnisa Begum and Sri Syed Meera Mohiuddin Quadri, have been requested to attend the hearing on 15.10.2003 in the chambers of the District Educational Officer, Hyderabad. Accordingly, the correspondent AKM High School and Smt. Hameedunnisa Begum, Sri Syed Meeran Mohiuddin Quadri Record Assts have attend the hearing. The following officers are also present during the course of hearing Sri Md. Hafeezullah, Gazeited Admint Officer, Sri S. Dhrma Raju, Dy Educational officer. The District Educational Officer, Hyderabad, has explained the Rule position with regard to intimation of disciplinary action against the Staff members and further informed that the correspondent cannot directly remove or termination the services of the staff members without following the rules as per G.O.Ms.No. I Edn. Dt 01-01- 1994 & Act of 1982. The correspondent himself has agreed that he did followed the procedure and rules in force in terminating the services of the staff members. The District Educational Officer, Hyderabad, has therefore, advised the correspondent to follow the procedure and implement the orders of the Department. However, the correspondent has agreed to follow the rules in force while initiating the action against the staff members and agreed to implement the orders of the District Educational Officer, Hyderabad, issued in the reference 2nd cited. In view of the above circumstances, the correspondent AKM High School Kachiguda Hyderabad is requested to implement the orders of the District Educational Officer, Hyderabad in the ref 2nd cited and submit the compliance report by 17.10.2003 without fail. The rectification proceedings should be acknowledged.” Further, paragraph 7 of the counter-affidavit also reveals that the management has contemplated enquiry against the petitioner about her intervened absence for 72 days on various dates, but so far no final orders are passed and the petitioner is not being provided any benefit. Under these circumstances, the second respondent Management is directed to complete the enquiry against the petitioner and pass appropriate orders on the reliefs sought for by the petitioner on processing of the pension papers, fixation of pension and payment of pension including the arrears of pension if any, if the petitioner is found to be eligible for such reliefs as per the rules within a period of two months from the date of receipt of a copy of this order. This Writ Petition is disposed of accordingly. No costs. _______________ G. CHANDRAIAH, J 28th January 2011 bud