THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.Nos.3951 & 6626 of 2005 COMMON ORDER: W.P.No.6625 of 2005 This writ petition is filed seeking a Mandamus declaring the proceedings Rc.No.6797/A1/2001 dated 16.3.2005 issued by third respondent as arbitrary, illegal, discriminatory and contrary to G.O.Ms.No.100 and set aside the same and consequently direct the respondents to pay the petitioner the regular pay scale attached to the post of Gr.I Hindi Pandit. According to the petitioner, she was appointed as Hindi Pandit Gr.I in the fifth respondent school in an unaided vacancy and subsequently, she was absorbed into aided vacancy with effect from 12.6.1997 vide proceedings of the third respondent dated 17.6.2002. However, it is the complaint of the petitioner that though she was absorbed into the aided vacancy, she was not paid the regular pay scale attached to the post of Hindi Pandit Gr.I and she was being paid the minimum basic pay only, that too, with effect from 17.6.2002. Therefore, she filed W.P.No.3951 of 2005 before this Court and the said writ petition was admitted on 2.3.2005 and notices were ordered to the respondents. During the pendnency of the said writ petition, the impugned proceedings dated 16.3.2005 have been passed canceling the earlier orders passed by third respondent dated 17.6.2002 and directing the fourth respondent to take action for payment of stipend as per G.O.Ms.No.100 Edn. Dated 16.8.2001 and to fix pay of the petitioner in regular scale of pay after completion of two yeas stipendary period as required under the rules. Hence this writ petition. After elaborate arguments, it came to light that no notice of any kind has been issued by the respondents before passing the impugned order dated 16.3.2005. Therefore, the impugned order suffers from gross violation of principles of natural justice. The respondents having passed the orders dated 17.6.2002 absorbing the services of the petitioner into aided vacancy, ought to have issued notice to the petitioner before passing the impugned order dated 16.3.2005. Therefore, I am of the opinion that on this ground alone, the impugned order is liable to be set aside and accordingly set aside. W.P.No.3951 of 2005 In view of disposal of the above writ petition, it must be deemed that the petitioner is entitled for regularization of her services with effect from 12.6.1997. Apart from that, she is also entitled for pay fixation, as per law, with effect from the said date. Therefore, the respondents are directed to fix the pay of the petitioner attached to the post of Gr.I Hindi Pandit with effect from 12.6.1997 notionally till 15.9.2001, the date on which permission was accorded by the Government for filling up the vacancy by the petitioner. Thus, the petitioner is entitled for increments from 12.6.1997 to 17.6.2002 notionally. This exercise shall be completed within a period of three months from the date of receipt of this order. Both the writ petitions are accordingly allowed. No order as to costs. ______________ C.V.RAMULU, J Date: 13.4.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.Nos.3951 & 6626 of 2005 13.4.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.Nos.3951 & 6626 of 2005 Date: 13th April, 2010 Between: Smt.P.Hema .. Petitioner in both W.Ps. And Government of Andhra Pradesh, rep. by its Secretary (Edn.), Primary School Department, Secretariat, Hyderabad and others. .. Respondents in both W.Ps.