THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.24806 of 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The petitioner approached the Tribunal seeking to declare the action of the respondents in treating the date 01-12-1998 as joining duty instead of 27-10-1998 i.e., the date on which the applicant has submitted her joining report, as illegal and arbitrary and consequently to direct the respondents to reckon the joining duty as 27-10-1998 and pay scale all consequential benefits. The Tribunal vide its order, dated 19-08-2009, dismissed the said O.A. Aggrieved by the same, the present writ petition is filed. The petitioner was appointed as Hindi Pandit Grade-II in DSC-2008 vide proceedings of the District Educational Officer, Karimnagar, dated 26-10- 1998, wherein she was informed to join into service within 45 days from the date of receipt of appointment order. It is the case of the petitioner that she has reported before the Head Master, Zilla Parishad High School, Peddapally, and handed over joining report on 27-10-1998, but the Head Master did not accept the same stating that there was no vacancy existing in the School. Thereafter, the petitioner approached the Chairman, Zilla Parishad, seeking permission to join duty in any other School. The Chairman, Zilla Parishad, in turn gave an option to the petitioner to choose any of the School where the post is vacant. Accordingly, the petitioner has chosen Zilla Parishad Secondary School, Peddapally, Karimnagar District. It is the case of the petitioner that though she had submitted her joining report on 27-10-1998, the Head Master refused to join her and thereafter, she joined duty on 01-12-1998, pursuant to her representation before the Chairman, Zilla Parishad. Therefore, the petitioner is entitled for regularisation of her services with effect from 27-10-1998 instead of 01-12-1998. A counter has been filed on behalf of the respondents stating that though the petitioner received appointment order, dated 26-10-1998, she neither submitted joining report to the Head Master, Zilla Parishad High School, Peddapally nor approached the Chairman, Zilla Parishad, seeking modification of the posting order for joining in any other School. The allegation that the Head Master did not accept the joining report and returned the same on the alleged ground that there was no vacancy existing in the School was also denied and stated that the allegations made by the petitioner are incorrect and baseless. In fact, the Head Master addressed a letter to the District Educational Officer stating that the applicant has not submitted her joining report within 45 days from the date of receipt of the said appointment order. It is further stated that as the place of posting at Peddapally was not convenient to her, she did not join duty at that place and made number of trials for change of her place of posting to her convenient place but all her efforts could not be materialized. Lastly, she joined duty at Zilla Parishad Secondary School, Peddapally on 01-12-1998. Therefore, the question of treating the joining duty as 27-10-1998 instead of 01-12-1998 does not arise. Learned counsel for the petitioner has not placed any material showing that the petitioner has given joining report on 27-10-1998 except enclosing copy of the alleged joining report, dated 27-10-1998 without any acknowledgment and she has not made any representation about the said allegations made against the Head Master either before the District Educational Officer or the Zilla Parishad. The date of appointment order itself is 26-10-1998 and, therefore, it cannot be said that she has received the appointment order and submitted the joining report on the next day. Absolutely, no material has been placed either before the Tribunal or before this Court. Therefore, we are of the opinion that the Tribunal had rightly rejected the application of the petitioner for regularisation of her services with effect from 27-10-1998, as she joined duty on 01-12-1998. Therefore, the writ petition is devoid of any merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 05-12-2009 Prv