THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.3029 of 2009 DATED:18.02.2009 Between: Vivekananda Educational Society, represented by its Secretary Smt. T.S.N.Lakshmi and another ...Petitioners AND P. Muralidhar Rao and others …Respondents THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.3029 of 2009 ORDER: Petitioner No.1 is a Society registered under the Societies Registration Act. Petitioner No.1-Society is managing petitioner No.2 School. One P. Venkata Rao was the Correspondent of the said school up to 14.06.1992. Thereafter, one P. Venkataratnam was the Correspondent of the School from 15.06.1992 to 18.02.1994. The present Correspondent of the School is one Smt. T.S.N. Lakshmi. P. Muralidhar Rao-1st respondent joined in the School as S.G.T. (aided) on 19.08.1985. The service of P. Muralidhar Rao came to be terminated and thereupon, he along with some others filed W.P.No.21213 of 1997 questioning their termination. The writ petition ended in dismissal on 08.06.1999. P. Muralidhar Rao and others filed O.A.No.3797 of 1997 and secured some interim orders. The first respondent and others also filed W.P.No.13996 of 1999. The said writ petition came to be disposed of on 08.07.1999 directing that an enquiry shall be conducted and pending enquiry the petitioners therein (respondent No.1 herein and others) shall not be terminated. An enquiry was conducted and thereafter, permission was sought for from the Director of School Education to dismiss the first respondent from service of petitioner No.2 School. The Director of School Education accorded approval for dismissal of the first respondent from service. Accordingly, the petitioners dismissed the first respondent from service on 10.01.2000. The first respondent filed W.P.No.1335 of 2000 and an order came to be passed in the said writ petition on 01.02.2002 directing the respondent therein not to take coercive steps. The first respondent filed W.P.No.31559 of 2000 seeking payment of salary up to 10.01.2000. The said W.P.No.1335 of 2000 came to be dismissed by an order, dated 13.12.2002, permitting the first respondent to prefer an appeal. Pursuant to the orders passed in the said writ petition the first respondent filed an appeal dated 22.12.2003. In the meanwhile APAT took up the O.A.No.3797 of 1997 and passed the following order:- “Be that as it may, so far the present OA’s are concerned, in view of the foregoing discussion, the impugned orders are liable to be set aside and are accordingly set aside and it is further held that the services of the applicants cannot be discontinued and they should be paid the salaries fixed in the revised pay scales granted from time to time considering it as regular service up to retirement and necessary steps should be taken in this regard. The OA’s are accordingly allowed.” The Government and the petitioners filed individual writ petitions. This Court granted interim suspension and the said writ petitions are pending consideration. The first respondent filed W.P.No.17188 of 2004 seeking direction to the Government to appoint him as S.G.T. teacher. The Government issued G.O.Rt.No.1068 Education (SE-PS- II) Department dated 11.12.2007 appointing the first respondent in O.C. (General ) quota vacancy in C.S.I. Elementary School, Subhadrapalem, Nallijarla Mandal, West Godavari District. The said order is under challenge in the present writ petition. When the writ petition came up for admission, Sri D. V. Madhusudhana Rao, the learned counsel takes notice on behalf of respondent No.1 and whereas the learned Government Pleader for School Education takes notice on behalf of respondents 2 to 4. Heard the learned counsel appearing for the parties. In G.O.Rt.No.1068 dated 11.12.2007 the Government permitted the Director of School Education to appoint the first respondent as a S.G.T. afresh in the O.C. (General) quota vacancy in C.S.I. Elementary School, Subhadrapalem, Nallijarla Mandal, West Godavari District. The petitioners are in no way prejudiced by the direction in the above referred G.O.Rt.No.1068. Therefore, the writ petition filed by the petitioners questioning the G.O.Rt.No.1068 dated 11.12.2007 is misconceived and accordingly, the same is hereby dismissed at the admission stage. No order as to costs. ________________________ B. SESHASAYANA REDDY,J 18th February, 2009 bud