THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 22842 OF 2000 Dated: 04.02.2011 Between: B.V.S.Jithendra Nath ..... Petitioner AND The Govt. of A.P., and others .....Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22842 OF 2000 ORDER : This writ petition is filed seeking a declaration that the order dated 27.04.2000 passed by the 1st respondent is arbitrary and illegal. The petitioner also seeks a consequential declaration that he is entitled to grant in aid salary as Junior Lecturer with effect from 06.01.1993 together with all monetary benefits. The facts, which are not in dispute, are as under: The petitioner was appointed as a Junior Lecturer in Mathematics in the 3rd respondent College in the year 1993. The 3rd respondent College is a fully aided institution and the post in which the petitioner is working, is also admitted to grant in aid. It is also not in dispute that the petitioner was appointed as Junior Lecturer in a regular vacancy having been selected by a properly constituted selection committee on 06.01.1993. It is stated that though the selection committee recommended the names of all the selected candidates including the petitioner against aided vacancies, none of the selected candidates were appointed in the aided posts. In the circumstances, the petitioner along with other selected candidates filed Writ Petition Nos.511 and 663 of 1993 The said writ petitions were disposed of by this Court with directions and pursuant thereto the 1st respondent vide G.O.Rt.No.75, Education (C.E.III-2) Department, dated 24.01.1996 approved the appointment of the petitioner as Junior Lecturer in Mathematics against the O.C. Category. Thereafter by G.O.Rt.No.814, Education (CE.III) Department, dated 16.05.1997, the 1st respondent permitted the Commissioner and Director of Intermediate Education to admit the petitioner go grant in aid from the date of the said order i.e., 16.05.1997. Aggrieved by the same, the petitioner made a representation to the respondents bringing to their notice that similarly situated persons namely K.Ramanjaneyulu and V.Sailaja, who were also selected by the selection committee along with the petitioner on 06.01.1993 were admitted to grant in aid with effect from 06.01.1993 and requesting to consider his case also for admission to grant in aid with effect from 06.01.1993 instead of 16.05.1997. However, the petitioner’s request was rejected by the 1st respondent vide memo dated 27.04.2000 observing that there was no need to revise the earlier order issued in G.O.Rt.No.814 dated 16.05.1997. Challenging the said order dated 27.04.2000, the present writ petition is filed. In the counter affidavit filed on behalf of the 1st respondent, the fact that similarly situated persons, who were also selected along with the petitioner on 06.01.1993 were admitted to grant in aid with effect from 06.01.1993 has not been disputed. It is also stated that the Director of Intermediate Education by letter dated 25.06.2010 has requested the 1st respondent to take a decision on the request of the writ petitioner for admission of his post to grant in aid with effect from 06.01.1993 instead of 16.05.1997 and the same is under consideration. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Higher Education appearing for the 1st respondent. Having regard to the facts noticed above, which are not in dispute, particularly in view of the fact that the other similarly situated persons who were also selected by the selection committee along with the petitioner and were recommended for admitting the grant in aid with effect from 06.01.1993 were granted the relief vide orders passed in G.O.Rt.No.2646, Education (C.E.III-2) Department, dated 24.11.1995 and G.O.Rt.No.870, Education (C.E.III-2) Department, dated 14.07.1998, the impugned order passed by the 1st respondent denying similar benefit to the petitioner without assigning any reasons therefor, cannot be sustained. Accordingly, the impugned memo dated 27.04.2000 is hereby set aside and the Writ Petition is disposed of with a direction to the 1st respondent to consider the proposals submitted by the Director of Intermediate Education vide letter dated 25.06.2010 and pass appropriate orders in accordance with law taking into consideration G.O.Rt.No.2646, Education (C.E.III-2) Department, dated 24.11.1995 as well as G.O.Rt.No.870, Education (C.E.III-2) Department, dated 14.07.1998 as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of this order. No costs. ___________ G. ROHINI, J Date : 04.02.2011 Ivd