IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF DECEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE GULAM MOHAMMED AND THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.1288 of 2011 Between: The District Educational Officer, Kakinada East Godavari District and others. … Appellants And B. Satyanarayana Murthy … Respondent This Court made the following: THE HON’BLE MR. JUSTICE GULAM MOHAMMED AND THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.1288 of 2011 JUDGMENT: (Per Hon’ble Sri Justice Gulam Mohammed) This Writ Appeal is filed against order, dated 24.12.2010, in Writ Petition No.4087 of 2008, whereby the learned Single Judge allowed the Writ Petition with a direction to the appellants to condone the break period from 12.10.1996 to 13.08.2000 in the service of the respondent for all purposes except seniority. The brief facts of the case are as follows: The respondent was appointed as a Secondary Grade Teacher in Kammara Aided Elementary School, Chinnampalem, Gangavaram Mandal, East Godavari District on 20.09.1990. Being the senior most teacher, he was made as Head Master of the School. While so, after returning from leave, when he reported to duty on 22.03.1997, the Correspondent of the School did not permit him to do so. Though appellant No.1 directed the Correspondent of the School by letter dated 11.08.1997 to issue posting order to the respondent as Head Master of the School, the Correspondent had refused to join him but permitted him to join as an Assistant with certain conditions. However, it appears that the Correspondent proposed to surrender of the post held by the respondent along with him. Thereupon, appellant No.1 sought sanction of the Zilla Parishad, East Godavari District to take over the said post along with the incumbent for utilization in any primary/upper primary schools under its control. After exchange of correspondence in this regard, the post as well as the respondent was transferred and allotted to the Mandal Parishad Elementary School, Venkatanagaram, Rajahmundry Rural, under proceedings, dated 11.08.2000 issued by appellant No.1 and accordingly he joined service on 14.08.2000 as a Secondary Grade Teacher in the new School. The grievance of the respondent is as to the denial of continuity of service from 12.10.1996 to 13.08.2000. In this regard, he approached the authorities concerned for redressal but appellant No.1 by proceedings, dated 26.06.2007 rejected his request for condonation of the break in his service. Hence, the writ petition. The learned Single Judge has considered the matter and observed that though under the proceedings dated 13.08.2000, the Mandal Educational Officer, Rajahmundry Rural, specifically stated that the petitioner would take the last place in the seniority list, he did not choose to question the same, and therefore, he cannot claim seniority in the existing post on the basis of his past service, and accordingly, directed that his past service has to be taken into account for all other purposes including pay, allowances, pensionary benefits etc. We have heard the learned counsel for both the parties and perused the record. Learned counsel for the appellants submitted that the learned Single Judge failed to appreciate that it is not a lapse on the part of the department but the consequential back wages should be recovered from the management only, that the department has no role in this case as the matter was chased continuously with the field officers within time; that the respondent joined in the present school on 14.08.2000 and he sought condonation of the break in his service from 12.10.1996 to 13.08.2000; that the respondent did not work anywhere during such period and that the order impugned in this Writ Appeal may be set aside. A reading of the impugned order would show that the learned Single Judge has come to the conclusion that the appellants failed to initiate action against the management of the school all through and for no fault of the respondent, he cannot be denied continuity of service and accordingly, condoned the break period and directed the appellants to take into account his past service for all other purposes except seniority. As rightly observed by the learned Single Judge, under proceedings, dated 13.08.2000, the Mandal Educational Officer, Rajahmundry Rural, while directing admission of the respondent in service in Mandal Parishad Elementary School, Venkatanagaram, Rajahmundry Rural, specifically stated that he would take the last place in the seniority list and that the respondent did not choose to question the same. In view of the same, the respondent cannot claim seniority in the existing post on the basis of his past service. Having regard to the above, we are of the opinion that the learned Single Judge has rightly allowed the Writ Petition. The writ appeal is accordingly dismissed. No costs. GULAM MOHAMMED, J NOOTY RAMAMOHANA RAO, J Date: 28.12.2011 ES