IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23570 of 1999 Between: M. Grace Nalini Joseph … Petitioner AND The Commissioner & Director of School Education, Govt., of A.P., Saifabad, Hyderabad & others. … Respondents Counsel for the petitioner : Sri K. Jaganmohan Reddy Counsel for respondents 1 to 3 &6: GP for School Education This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23570 of 1999 ORDER:- This writ petition is filed for a Writ of Mandamus to set aside order dated 06.09.1997 of respondent No.3 and the consequential endorsement dated 28.08.1999 of respondent No.6. The petitioner sought for a consequential direction to the respondents to approve her absorption into an aided post with effect from 11.06.1997 with all benefits. The petitioner is working as School Assistant in respondent No.4 School run by respondent No.5 (for short, ‘the Management’). She was initially appointed by the Management by proceedings dated 12.08.1986 in an unaided post as Science Assistant. Her services were confirmed with effect from 18.08.1987. By proceedings dated 11.06.1997, the Management absorbed the petitioner into an aided vacancy caused by the retirement of Sri E. Syam Sundar, subject to the approval of the Education Department and CSIRD Education Board. When approval of the said absorption was sought for, respondent No.3, by his order dated 06.09.1997, rejected the same on the ground that the posts held by the petitioner and another person by name Sri Reji Jacob, P.E.T., were not created and that their appointments were not approved by the competent authority. Respondent No.6 passed the consequential order. These two orders are questioned in this writ petition. Sri K. Jaganmohan Reddy, learned counsel for the petitioner contended that the reasons for rejection assigned by respondent No.3 are wholly unsustainable. He submitted that the Rules framed under G.O.Ms.No.524 dated 20.12.1988 came into effect in the year 1989 and that for the first time the said Rules envisaged approval of the appointments made into an aided or unaided post. The learned counsel invited my attention to the additional affidavit filed by the petitioner, wherein she specifically averred that Smt. J. Sankaramma, who was appointed along with her as Hindi Pandit under the common order, was absorbed into the aided post and so also Sri Reji Jacob, whose case was rejected along with her’s by respondent No.3 by the impugned order. The learned counsel invited my attention to proceedings dated 18.11.2002 and 28.03.2000 in case of Smt. Sankaramma and Sri Reji Jacob respectively. Learned Assistant Government Pleader for Education reiterated the ground contained in the impugned order passed by respondent No.3 that as the petitioner’s appointment was not approved by the competent authority under the Rules notified under G.O.Ms.No.524 dated 20.12.1988, the impugned order does not suffer from any illegality. The petitioner’s plea that prior to the Rules notified under G.O.Ms.No.524, there was no requirement of obtaining any permission for appointments is supported by report dated 17.10.2001 sent by the Commissioner and Director of School Education to the Secretary to Government, Education Department, Andhra Pradesh, in the context of the request of Smt. J. Sankaramma, Hindi Pandit, to approve her absorption into grant- in-aid post. In the said proceedings, a copy of which is filed by the petitioner, it is mentioned that the D.E.O, Chittoor, stated that Smt. J. Sankaramma was appointed when G.O.Ms.No.60 dated 28.01.1986 was in force and prior to coming into force of G.O.Ms.No.524 dated 20.12.1988 and that as such the approval of appointment at that stage could not be considered by the D.E.O. Curiously, while stating so, the Commissioner sought for relaxation from Rule 15 notified in G.O.Ms.No.524, which for the first time prescribed approval of the competent authority. Be that as it may, by proceedings dated 18.11.2002 the Government purportedly relaxed Rule 15 in case of Smt. J.Sankaramma and approved her absorption in the aided post in UMTS (Telugu Medium) High School with effect from 01.07.1998. Similarly, in the case of Sri. Reji Jacob, whose absorption was also turned down along with the petitioner’s, a similar order was passed in his favour vide proceedings dated 28.03.2000 of the Regional Joint Director of School Education, Kadapa, by approving his absorption into the aided post of P.E.T., with effect from 12.08.1997. The respondents have not filed any additional counter affidavit either denying or explaining the above proceedings. From the facts narrated above, it is clear that the petitioner is similarly situated as the other two persons, namely, Smt. J. Sankaramma and Sri Reji Jacob as she was also appointed prior to coming into force of the Rules notified under G.O.Ms.No.524 dated 20.12.1988. When the Rules that were in existence at the time of appointment of the petitioner did not contemplate any approval, there is no need for relaxation. Assuming that such a relaxation is being insisted upon, the petitioner is also entitled to such a relaxation. For the abovementioned reasons, the writ petition is allowed and the impugned orders are quashed. Respondent No.3 is directed to initiate and complete the process of absorbing the petitioner into the aided vacancy of Science Assistant with effect from 11.06.1997 on which date she was transferred to aided vacancy by the Management vide its proceedings dated 11.06.1997. He shall complete this exercise within a period of three months. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.22042 of 2008 is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 12.12.2008 ES