THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2818 of 2009 ORDER: The petitioner is working as Secondary Grade Teacher in St. Mary’s Elementary School, Nirmala Nagar, Vinukonda, Guntur, the 2nd respondent herein. The institution is admitted to grant-in-aid. The petitioner, however, was working against unaided vacancy. The post of Secondary Grade Teacher admitted to grant-in-aid has fallen vacant, on account of the retirement of one M.Japamala. Thereupon, the institution approached the 1st respondent seeking permission to absorb the petitioner against the aided vacancy. Such permission was accorded through proceedings, dated 17.10.2004. On the basis of such permission, the 2nd respondent appointed the petitioner against aided vacancy through order, dated 13.10.2004 and submitted the same for approval to the 1st respondent. The grievance of the petitioner is that his appointment against aided post was not approved and that he has not been paid salary payable to an aided post. The 1st respondent filed a counter-affidavit. The fact that, the petitioner is working against unaided vacancy, that permission was accorded to fill that post and that such proposal was submitted, is admitted. It is, however, stated that before the 2nd respondent appointed the petitioner against the aided vacancy and submitted proposals, the Government imposed ban through proceedings dated 20.10.2004, against creation of new posts, or filling up of existing vacancy in aided schools. Heard learned counsel for the petitioner and learned counsel the respondents. There is no denial of fact that the petitioner was entitled to be absorbed against aided vacancy. All the formalities for this purpose were completed. The Government imposed ban through proceedings, dated 20.10.2004, against filling up of the aided vacancies in private educational institutions. The proposal for absorption of the petitioner was submitted 10 days thereafter. Hence, it cannot be said that there was any in action, or illegality on the part of the 1st respondent. The validity of the ban imposed by the Government is pending adjudication before the Hon’ble Supreme Court. Unless a clear picture emerges regarding the same, the 1st respondent cannot be expected to pass any orders, at this stage. Hence, the Writ Petition is disposed of, leaving it open to the petitioner to pursue the matter, after the ban imposed by the Government through proceedings dated 20.10.2004, is either set aside by a Court of law, or withdrawn by the Government. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.28.10.2010. GJ