IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 19956 of 2008 Between: N. Ramajogeswara Sharma, S/o. Srirama Murthy, Telugu Pandit Grade-II, Govt. Tribal Welfare Ashram, U.P. School, Tarli, Srikakulam District. ..... PETITIONER AND 1 The Project Officer, I.T.D.A., Seethampet, Srikakulam District. 2 The District Educational Officer and Member Secretary, D.S.C. 2002, Srikakulam. 3 The District Collector & Chairman, D.S.C. 2002, Srikakulam. 4 The Director of School Education, A.P., Hyderabad. 5 The Commissioner of Tribal Welfare, A.P., Hyderabad. 6 Government of Andhra Pradesh, Rep. by its Secretary, Education Department, Secretariat, Hyderabad. .....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 to issue an appropriate writ, order or direction more in the nature of Writ of Mandamus, declaring that the petitioner is deemed tohave been regularly appointed as Telugu Pandit Grade-II in pursuance to the Notiﬁcation RC No. 858/2000/H, dt. 8.12.2000 issued by the Project Oﬃcer, ITDA, Seethampet, in Srikakulam Dist. on par with other. Telugu Pandit Grade-II who are also recruited in pursuance of the above notiﬁcation dt. 8.12.2000 with all consequential beneﬁts by holding the action of respondent in describing the petitioner as SGT on contract basis even though the petitioner has been selected and appointed as Telugu Pandit Grade-II in pursuance of the process of selection on par with regular counter parts in terms of same notiﬁcation while the action of the respndents in seeking to ﬁll of the post of Telugu Pandit Grade-II by recruitment / promotion vide Proc. No. D(3)/4846/01 dt. 3-8-2002 issued by the Commissioner of Tribal Welfare, A.P. Hyderabad r/w Notiﬁcation dt. 10-5-2002 issued by the Commissioner and Director of School Education, A.P., Hyderabd is illegal, arbitrary, discriminatory, unjust and subversive article 14, 16 and 21, 39 (d) & 311 (2) of constitution of India and and also contrary to the General rules and service rules while setting aside the orders of Hon'ble A.P. Administrative Tribunal in O.A.No. 7855/2002 dt. 28-5- 2008 and pass such other order or orders Counsel for the Petitioner:MR.Y.V.SATYANARAYANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20036 of 2008 Between: N.Lal Bahadur S/o.M.V.Ramana Murthy Govt. Tribal Welfare Ashram High School, Donubai, Seethampet Mandal, Srikakulam District. ..... PETITIONER AND 1 The Project Officer I.T.D.A. Seethampet, Srikakulam District. 2 The District Educational Officer and Member Secretary, D.S.C. 2002 Srikakulam. 3 The District Collector & Chairman, D.S.C. 2002 Srikakulam. 4 The Director of School Education, A.P., Hyderabad. 5 The Commissioner of Tribal Welfare, A.P., Hyderabad. 6 Government of Andhra Pradesh, rep. by its Secretary, Education Department, Secretariat, Hyderabad. .....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 to issue an appropriate writ, order or direction more in the nature of Writ of Mandamus, declaring that the petitioner is deemed to have been regularly appointed as School Asst. (Science) in pursuance to the Notiﬁcation RC No.858/2000/H, dt. 8.12.2000 issued by the Project Oﬃcer, ITDA, Seethampet, Srikakulam Dist. on par with other School Assts. (Science) who are also recruited in pursuance of the above notiﬁcation dt. 8.12.2000 with all consequential beneﬁts by holding the action of respondent in describing the petitioner as SGT on contract basis even though the petitioner has been selected and appointed as School Asst. (Science) in pursuance of the process of selection on par with regular counter parts in terms of same notiﬁcation while the action of the resposndents in seeking to ﬁll of the post of School Asst. (Science) by direct recruitment / promotion vide Proc. No.D(3) 4846/01 dt. 3.8.2002, issued by the Commissioner of Tribal Welfare, A.P. Hyderabad r/w the notiﬁcation dt. 10.5.2002, issued by the Commissioner and Director of School Education, A.P. Hyderabad is as illegal, arbitrary, discriminatory, unjust and subversive article 14, 16 and 21, 39 (d) & 311 (d) of constitution of India and also contrary to the General rules and service rules while setting aside the orders of Hon'ble A.P. Administrative Tribunal in O.A.No.7861/2002 dt. 28.5.2008 and pass such other order or orders. Counsel for the Petitioner:MR.Y.V.SATYANARAYANA Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE Mr. JUSTICE GHULAM MOHAMMED AND THE HON’BLE Mr. JUSTICE G. BHAVANI PRASAD W.P. NOs.19956 and 20036 of 2008 Common Order: ( Per HON’BLE Mr. JUSTICE GHULAM MOHAMMED ) Writ Petition Nos.19956 and 20036 of 2008 have been directed against the common order dated 28-5-2008 passed in O.A.Nos.7855 of 2002 and 7861 of 2002 respectively, by the Andhra Pradesh State Administrative Tribunal, Hyderabad. The facts leading to ﬁling of these writ petitions are that in pursuance of the notiﬁcation dated 8-12-2000 issued by the 1st respondent inviting applications from eligible candidates for appointment as B.Ed., Assistants, Telugu Pandits, Secondary Grade Teachers etc., in the schools under ITDA, Seethampet, the petitioners have applied for the posts of Telugu Pandit Grade II and School Assistant (Science) respectively, however, they were appointed as Secondary Grade Teacher on contract basis with honorarium of Rs.4,000/- per month. The grievance of the petitioners is that even though they possess the requisite qualiﬁcation, and applied for the post of Telugu Pandit Grade II and School Assistant respectively, against the notiﬁed vacancies, their were being appointed on contract basis as Secondary Grade Teachers. The Tribunal, on consideration of the rival claims came to the conclusion that though the petitioners were called for selection against regular vacancies, in pursuance of the notiﬁcation issued on 8-12-2000, the appointments were made subsequently on contract basis and they have been working as such. The petitioners did not protest and oppose to their appointment on contract basis, when they were considered as such, in pursuance of the notiﬁcation to ﬁll up the regular posts and therefore, declined to entertain the O.As. In the circumstances, we do not see any ground to interfere with the impugned order. However, considering the circumstance that the petitioners are working on contract basis from a considerable period, we direct the petitioners to make representation to the Government to consider their cases for absorption and regularization in their respective posts, within a period of eight weeks from today, and on such representation being ﬁled by the petitioners the same shall be considered by the Government by passing appropriate orders within a period of eight weeks thereafter, on the same terms and guidelines contained in G.O.Ms.No.91 Social Welfare (TW.Ser.III) Department dated 21-6-2008 and G.O.Ms.No.59, Social Welfare (RS.I ) Department, dated 10- 8-2007. Till the ﬁnal orders are passed by the Government, the petitioners should be continued in service. With the above directions, both the writ petitions are disposed of. No costs. _____________ GM, J ____________ GBP, J 15-9-2008 KK THE HON’BLE Mr. JUSTICE GHULAM MOHAMMED AND THE HON’BLE Mr. JUSTICE G. BHAVANI PRASAD W.P. NOs.19956 and 20036 of 2008 15-9-2008