THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.209 OF 2004 O R D E R Heard both the counsel. 2. This writ petition is ﬁled for a writ of mandamus declaring that the petitioners are entitled for regular absorption in the existing grant-in-aid vacancies in terms of G.O.Ms.No.301 Edn., dated 25.9.1997 and G.O.Ms.No.75 dated 23.9.2002 in the 4th respondent school – Sri Vidyanaranya English Medium School, Ananthapur, Anantapur District with all consequential beneﬁts and consequently to declare the action of the respondents in not considering the case of the petitioners for absorption into grant-in- aid vacancies and further resorting to ﬁlling up the vacancies by outsiders, as illegal and arbitrary. 3. The petitioners are three in number. Their case, as set out in the aﬃdavit ﬁled in support of the writ petition, is that they are appointed as Secondary Grade Teachers in the 4 th respondent – School in the year 1992. The 4th respondent – school is an aided school and they are being paid consolidated pay and are continued in unaided vacancies. The management of the 4th respondent – school passed resolution no.2 dated 30.11.1995 to regularize the services of the petitioners from the date of their ﬁrst appointment, subject to the condition that they do not get monetary benefits for that period and accordingly proposals were sent to the 1st respondent – District Educational Oﬃcer on 30.7.1998 and also subsequently on 20.3.2002. As per the judgment of this court in W.P.No.15921 of 1989 dated 31.12.1996, the Government have issued G.O.Ms.No.301 Edn., dated 25.9.1997 to constitute a committee of oﬃcials, region wise or state wise, which shall go into the performance, service records and basic qualiﬁcations of the teachers who have been irregularly appointed by the private managements concerned, contrary to G.O.Ms.No.524 Edn., dated 20.12.1988. Accordingly the 4th respondent – school sent the service particulars to the 1st respondent on 9.1.1999. The 1st respondent – District Educational Oﬃcer also issued proceedings in Rc.No.1407/B5/2001 dated 15.3.2001 directing all the Correspondents to submit the particulars of irregular appointments made by the private management in the aided schools in violation of the orders issued in G.O.Ms.No.524 Edn., dated 20.12.1988 in the prescribed pro-forma and the 4th respondent school sent proposals on 6.6.2001 to the 2nd respondent – The Commissioner and Director of School Education, A.P., Hyderabad. The Government also issued G.O.Ms.No.75 Edn. Dated 23.9.2002 to ﬁll up the existing aided vacancies by the in-service teachers who are qualiﬁed and working on temporary basis in the private managements. The further case of the petitioners is that the Government also issued Memo No.12663/PS-1/2000-2 dated 19.12.2000 approving the appointments of one Mr.N.Tulasi Das Hindi Pandit Gr.II, who was working in S.C.Railway Aided High School, Marripalem, Visakhapatnam and further he was absorbed into grant- in-aid Hindi Pandit Gr.I Post. Now the grievance of the petitioners is that though they are fully qualiﬁed and are working with meager salaries since 1992 without any break in service and the 4th respondent – School also sent proposals in accordingly with the G.Os. issued by the Government for absorption in the aided vacancies, the oﬃcial respondents have not taken any action and further the 4th respondent – school issued notiﬁcation dated 19.12.2003 inviting applications from the eligible candidates to various posts including four Secondary Grade Teachers and the same is illegal and arbitrary and consequently sought for a direction to absorb them into the aided vacancies with all the consequential benefits. 4. The 1st respondent – District Educational Oﬃcer ﬁled counter aﬃdavit and stated inter alia that the petitioners are not eligible for absorption into the aided vacant posts because they were appointed on ad hoc basis and the posts to which they were appointed by the management, were not sanctioned posts and further their appointments were not approved by the competent authority as per recruitment procedure and guidelines issued by the Government in G.O.Ms.No.524 Edn. Dated 20.12.1988 and further the vacant posts are available in S.V. Aided Oriental High School, Anantapur, whereas the petitioners are working in SE(EM) HS, Anantapur. 5. From the above averments, there is no dispute that the petitioners are working as Secondary Grade Teachers in the 4 th respondent – school which is an aided school and they are working in unaided posts, since 1992 and the case of the petitioners is that the management of the 4th respondent – school has also passed resolution no.2 dated 30.11.1995 to regularize their services and accordingly proposals were also sent to the 1st respondent – District Educational Oﬃcer on 30.7.1998 and 20.3.2002. The further case of the petitioners is that they are fully eligible for being absorbed into the aided posts. Pursuant to the orders of this court in W.P.No.15921/1989 dated 31.12.1996, the Government issued G.O.Ms.No.301 Edn. Dated 25.9.1997 to constitute a committee of oﬃcials, regional wise or state wise, which will go into the performance, service record and basic qualiﬁcation of the teachers who have been irregularly appointed by the private managements concerned contrary to G.O.Ms.No.524 Edn. Dated 20.12.1988 and the case of the petitioners is that the 4th respondent – School has sent the service particulars of the petitioners on 9.1.1999. Further the 1st respondent – District Educational Oﬃcer has also issued proceedings in Rc.No.1407/B5/2001 dated 15.3.2001 directing all the correspondents to submit the particulars of irregular appointments made by the private managements in the aided schools in violation of the orders issued in G.O.Ms.No.524 Edn., dated 20.12.1998 and in pursuance of the said proceedings, the case of the petitioners is that the 4th respondent sent the proposals pertaining to the petitioners for approval. In the counter aﬃdavit ﬁled by the 1st respondent – District Educational Oﬃcer, it is stated that the particulars of the petitioners were submitted pursuant to the proceedings dated 15.3.2001 to the Commissioner and Director of School Education, Hyderabad for further course of action and their appointments were not approved either by the Commissioner and Director of School Education, A.P., Hyderabad or by the Government, because their posts were non-sanctioned and not approved by the competent authority. From the material on record, it could be seen that no proceedings have been passed rejecting the claim of the petitioners. As noted above, the petitioners are admitted working since 1992 in unaided vacancies in the 4th respondent – school, which is aided and the case of the petitioners is that they are fully eligible. The Government also issued G.O.Ms.No.75 Edn., dated 23.9.2002. In these circumstances, I pass the order as under: “The oﬃcial respondents 1 to 3 shall consider the case of the petitioners for regular absorption in the existing grant-in-aid vacancies in the 4th respondent – school in terms of G.O.Ms.No.301 Edn. Dated 25.9.1997 and G.O.Ms.No.75 Edn., dated 23.9.2002, and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order.” 6. The writ petition is accordingly disposed of. No costs. AVS ----------------------------------------- 16—07—2008 .