THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.34133 of 2011 Date:27.12.2011 Between: Ms. Ashraf Farzana and others. ……….Petitioners. And The Government of A.P., Rep by its Principal Secretary, Education (PS) Dept., Secretariat, Hyderabad and others. ……….Respondents. THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.34133 of 2011 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for School Education appearing for the respondents. 2. This writ petition is filed by the petitioners seeking a writ of mandamus declaring the action of the respondents in not absorbing the petitioners into Aided Vacancies as illegal and arbitrary and it amounts to unconstitutional and violation of Articles 14, 16 & 21 of the Constitution of India and consequently direct the respondents to absorb the petitioners into aided vacancies, with effect from the date from which the aided vacancy arose, in terms of the judgment of the Hon’ble Supreme Court reported in GOVERNMENT OF A.P., AND OTHERS Vs. SRI SEVADAS VIDYAMANDIR HIGH SCHOOL AND OTHERS[1]. 3. The case of the petitioners is that all the petitioners are working as Secondary Grade Teachers, Hindi Pandits, Urdu Pandits and Attenders in the 6th respondent-Model High School (English Medium) and Princes Durru Shehvar Girls High School, Dabeerpura, Hyderabad. They have been appointed against the unaided vacancies in between 1998 to 2003. Their case is that they are entitled for absorption against the aided vaccines since the aided vacancies arose in the 6th respondent school. The Deputy Educational Officer, Charminar, Hyderabad vide letter No.1723/CMZ/2003, dated 14-09-2003 sent the proposals to the District Educational Officer, Hyderabad District furnishing all the particulars of the petitioners and requested for absorption of the petitioners from unaided posts to aided posts. 4. The learned counsel for the petitioners submits that the petitioners’ case is kept pending on the file of the 5th respondent-Deputy Educational Officer without processing the file on the ground that there is a ban imposed by the Government by Memo dated 20-10-2004 and therefore, no action has been taken. He further submits that recently the Hon’ble Supreme Court vide Judgment reported in (1 Supra) held that the said memo issued by the Government imposing ban on the recruitments has no retrospective effect. He further submitted that as aided vacancies arose, the Deputy Educational Officer, Charminar area had recommended for absorption of the petitioners from unaided to aided vacancies. Though the petitioners’ submitted the representation dated 03-12-2011 to the 1st respondent who is the Principal Secretary to the Department of Education, the same is pending on the file of the 4th respondent-District Educational Officer. The petitioners’ counsel also submitted that the petitioners made a representation to the 1st respondent-Principal Secretary, Education (PS) Department, Government of A.P., while marking the copy to all the respondents including the Deputy Educational Officer. 5. In that view of the matter, having regard to the letter dated 14-09-2003 addressed by the Deputy Educational Officer, Charminar, Hyderabad to the District Educational Officer, Hyderabad District for absorption of the petitioners from unaided posts to aided posts, the respondents are directed to consider the case of the petitioners for absorption into aided posts in the 6th respondent school, within four months from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No costs. ______________________ Justice G. Chandraiah Date:27.12.2011. mrb .[1] (2011) 9 SUPREME COURT CASES 613