IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2272 of 2009 Between: V, Hima Bindu W/o. Devananda Reddy Polavaram Village, Puthalapattu Mandal, Chittoor District. ..... PETITIONER AND 1 The Secretary, APREI SOCIETY (REGD) Gagan Vihar, III Rd Floor, Nampally Hyderabad. 2 The Special Officer, Kasturibha Gandhi Balikala Vidyalayam K.V. Palli Village and Mandal, Chittoor. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in not permitting the petitioner to attend the classes in the above School as illegal, arbitrary discrimination and against law and to direct the respondent to join the petitioner by granting permission with continuity of service and all other benefits. Counsel for the Petitioner: MR.INENIVENKATA PRASAD Counsel for the Respondent No.1: MR.K.DURGA PRASAD The Court made the following : ORDER: The petitioner joined the 2nd respondent School as TGT- Mathematics teacher. She applied for maternity leave for four months and subsequently she did not report duty after availment of maternity leave. She reported duty on 16.03.2007 and worked upto 30.06.2007. Again in the month of July, 2007, she remained absent. She claims to have applied leave from 01.07.2007 to 31.07.2007. She made representations along with medical certificate and requested the respondents to permit her to join as CRT-Mathematics teacher. There being no response from the respondents, she approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 2. When the writ petition came up for admission hearing, Sri K.Durga Prasad, learned Standing Counsel of APREL Society received notice on behalf of the respondents. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 4. Learned counsel appearing for the petitioner submits that though the petitioner was appointed on contract basis on a year to year, she was continued in service and during the pregnancy period she applied maternity leave and thereafter she fell ill and therefore, she could not report duty till 31.07.2007. He further submits that the post of CRT- Mathematics teacher is still vacant in the 2nd respondent School and there cannot be any impediment for the respondents to consider and appoint the petitioner as CRT-Mathematics teacher. 5. Per contra, learned Standing Counsel appearing for the respondents submits that notification for filling up the post of CRT- Mathematics teacher in the 2nd respondent School is likely to be issued within a short period and therefore, the petitioner cannot be taken into service now. 6. It is represented that the petitioner remained absent for a period of one year. According to the petitioner, she fell ill and therefore, she could not report to duty. The appointment of the petitioner is on tenure basis. Once the tenure is completed, unless the tenure renewed, the petitioner has no claim over the post. Since the notification calling for applications to fill up the post of CRT-Mathematics teacher in the 2nd respondent School is likely to be issued, the petitioner is at liberty to apply for the same. As on this day, no direction can be given to the respondents to admit the petitioner into service since the petitioner remained absent unauthorisedly for more than one year and period of contract has been expired by afflux of time. 7. Accordingly, the writ petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:10th February, 2009. Note: Issue C.C. within a week. B/o cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}