IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 17867 of 1998 Between: M.P. Syamala, D/o. Sri M. V. Perumal, Sri Sarvodaya College, Nellore. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Secretary, Education Department (Collegiate Education) Secretariat, Hyderabad. 2 Director of Collegiate Education, Government of Andhra Pradesh, Nampally, Hyderabad. 3 Sri Sarvodaya College, Rep. by its Correspondent, Nellore. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction especially one in the nature of Mandamus: 1) declaring the Memo.No.2556/CE.II.1/96-5, Dt: 24.02.1998 of the Government of Andhra Pradesh, Education (CE II-1) Department, communicated through Director of Collegiate Education, A.P., Hyderabad vide L.Dis.No.2820/PC II-1/96, Dt: 18.03.1998 as illegal, arbitrary and offends Article 14 of the Constitution of India; ii) compel the respondents to pay the arrears of salary and all other admissible allowances to the petitioner w.e.f., 28.08.1987 as in the case of Sri V. Madhusudana Rao; iii) to grant all consequential reliefs of refixation of pay, payment of salary, etc., and iv) to grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent Nos.1 to 3: GP FOR EDUCATION The Court made the following : ORDER This writ petition is filed seeking a Mandamus (i) to declare the Memo No.2556/CE.II.1/96-5, dated 24.2.1998 of the Government of Andhra Pradesh, Education (CE II-1) Department, communicated through Director of Collegiate Education, A.P., Hyderabad vide L.Dis.No.2820/PC II-1/96, dated 18.3.1998 as arbitrary and illegal (ii) to compel the respondents to pay the arrears of salary and all other admissible allowances to the petitioner with effect from 28.8.1987 as in the case of Sri V.Madhusudana Rao. There is no necessity to go into all the details. It is suffice to notice that earlier the petitioner herein filed WA No.489 of 1994 being aggrieved by an order passed in WP No.5834 of 1992, dated 23.3.1994 by the learned single Judge and the said writ appeal was disposed of while taking the fact into consideration that one V.Madhusudan Rao was appointed two months earlier to the petitioner in the same institution in a re-structured post in a different subject and that his post was admitted to grant-in-aid in pursuance of the directions given by this Court in WA No.1671 of 1989 filed by said V.Madhusudan Rao. Further, while observing that the post which the petitioner was occupying deserves to be admitted to grant-in-aid, the first respondent was directed to consider the representation of the petitioner for sanction of grant-in-aid and dispose of the same within a period of two months, according to law, in the light of the observations made therein. It appears that thereafter the case of the petitioner was taken up and G.O.Rt.No.566, Education, dated 14.5.199 was issued admitting the post to grant-in-aid with effect from 14.5.1996. In view of issuance of the said G.O and in view of the fact that the petitioner and the said V.Madhusuda Rao have been working in different institutions, the question of considering the case of the petitioner, on par with V.Madhusudan Rao, does not arise. Writ petition is devoid of merits and is liable to be dismissed. Writ petition is, accordingly, dismissed. No costs. _________ 17-04-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, Rep. by its Secretary, Education Department (Collegiate Education) Secretariat, Hyderabad. 2 Director of Collegiate Education, Government of Andhra Pradesh, Nampally, Hyderabad. 3 Sri Sarvodaya College, Rep. by its Correspondent, Nellore. 4. 2CD copies