HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 140 OF 2004 Between: K. Nithyanandam S/o C. Elumalai aged 48 years ………….Appellant AND The Commissioner and Director of School Education A.P., Nampally, Hyderabad and two others ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) Challenging the order-dated 13.06.2003 passed in Writ Petition No. 10802 of 2003 by the learned single Judge of this Court, the present Writ Appeal is filed. Brief facts of the case are that the appellant was initially appointed as a secondary grade teacher in the 3rd respondent-School in the year 1979 against a leave vacancy. The appellant applied for leave and worked in another organisation viz., Zilla Parishad School, Kuppam. It is stated subsequently, the appellant came to be absorbed against an aided vacancy. After verification of the records, it was found that certain entries in the Service Register were corrected and the 2nd respondent proposed to recover the salary paid to the appellant. The appellant submitted a representation to the second respondent, who in turn through proceedings dated 20.11.2001 observed that the appellant was not entitled for the service rendered by him prior to the date of his being absorbed against an aided vacancy. The said order was confirmed by the first respondent vide proceedings dated 19.4.2003. Aggrieved by the same, the appellant herein filed Writ Petition and a learned Single Judge confirmed the impugned proceedings dated 20.11.2001 of the second respondent as confirmed by the 1st respondent in his proceedings dated 19.4.2001, but however, directed the respondents not to recover any amounts from the appellant. Aggrieved by the same, the present Writ Appeal is filed. The learned counsel appearing for the appellant submits that the learned single Judge should have seen that the entries were already made in the appellant’s Service Register that he is continuing in the Grant-in-Aid post from 10.7.1979 sanctioned as per G.O.Ms.No. 759/Education dated 4.3.1982” which has been struck off and mentioned as ‘1-7.81 GO.Ms No. 195/Education dt. 4.3.1982” which is without notice to the appellant, as such, the same is in violation of principles of natural justice. The learned counsel appearing for the respondents submits that the order passed by the learned Single Judge is quite reasonable and there are no grounds to interfere with the same. Heard the learned counsel appearing for both sides and also perused the material made available on record. It is on record that the appellant was initially appointed against a leave vacancy and thereafter worked against unaided vacancy. His services were absorbed against aided vacancy only with effect from 1.7.1979 vide G.O.Ms.No. 195, Education, dated 4.3.1982. It is also on record that the appellant joined the service of Zilla Parishad School and has rejoined the 2nd respondent institution only on 22.6.1993. The District Educational Officer as well as the Commissioner and Director of School Education have dealt with the matter at length and arrived at a conclusion that certain entries in the service register were corrected, which is supported by sufficient reasoning as well as necessary material. As far as the recovery of salary is concerned, the learned single Judge observed that at any rate it is not at all permissible to recover the amounts, which were paid to the appellant, that too as emoluments, for the work done by him, after a period of 20 years. Hence, we do not find any illegality or irregularity in the order passed by the learned Single Judge and the Writ Appeal is liable to be dismissed. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 07.09.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.