HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRI PETITION Nos.23153, 23154, 23210, 23240, 23580 of 2000 COMMON ORDER: Since common point is involved in all these writ petitions, they are being disposed of by this common order. These Writ Petitions are filed seeking a Writ of Mandamus declaring the proceedings No.E2-A/766/2000 dated 16.11.2000 issued by the 1st respondent, as being illegal and arbitrary and consequently sought for a declaration that the petitioners are eligible to be appointed as Teachers in different villages of Kothauda Mandal, Warangal District in place of selected candidates, by calling for the record relating to the selection list notified on 31.05.1998. Brief facts in W.P.No.23153 of 2000 are taken as facts of all the cases. In pursuance to the notification dated 28.04.1998 issued by the 1st respondent inviting applications for the post of Teachers in Girijana Vidya Vikasa Kendra in 113 villages, the petitioners applied and appeared for a written test. Results were declared and since the petitioners were not selected, although they secured highest marks than those who were selected, they filed W.P.Nos.15630, 15693, 15644, 16862 of 1998 respectively and this Court, by its order dated 05.04.1999, while setting aside the appointment of the 2nd respondent in all the writ petitions except W.P.No.23580 of 2000, allowed the said writ petitions and remitted the matter to the 1st respondent with a direction to consider the cases of petitioners on merit as against the 2nd respondent afresh and pass appropriate orders. Pursuant to the said orders, the 1st respondent considered the cases and appointed the petitioners as Teachers in the existing vacancies on 31.05.1999 and since then they are working as teachers without any adverse remarks. It is further stated that on a representation made by tribal organisation that the then Project Officer, ITDA, Eturnagaram, had made some illegal appointments of teachers, the 1st respondent had appointed the Development Officer (FAC), Eturunagaram as an Enquiry officer to conduct an enquiry into the matter. Accordingly, the Development Officer (FAC), Eturunagaram, issued memo dated 19.10.2000 calling for explanation of the petitioners herein and also to submit records/documents of evidence, if any, against their recruitment as teachers. In pursuance of the same, the petitioners submitted their explanations on 02.11.2000. However, the 1st respondent issued the impugned proceedings dated 16.11.2000 terminating the services of the petitioners on the basis of the report of the enquiry officer. Questioning the same, the petitioners filed the present writ petitions. A detailed counter-affidavit has been filed on behalf of the respondents contending that the then Project Officer has issued irregular appointment orders to the petitioners violating the procedural norms for the recruitment of GVVK teacher posts during his tenure. It is further contended that the Commissioner of Tribal Welfare, Hyderabad, basing on the representation made by the local leaders, appointed the Development Officer (FAC), Eturunagaram, as an enquiry officer to enquire into the matter and report and accordingly the Enquiry officer after thorough investigation into the matter submitted a report stating that there is procedural violation in issuing the appointment orders by the then Project Officer. It is further contended that since the procedural norms have been violated by the then Project Officer, the 1st respondent issued the impugned proceedings terminating the services of the petitioners. Heard both sides. While admitting the writ petitions, this Court, on 29.11.2000, directed the respondents to maintain status quo obtaining as on that day and subsequently the impugned orders were suspended. Learned Counsel for the petitioners submits that if at all there are any illegal or irregular appointments of teachers, the same were set aside by this Court in the earlier writ petitions filed by the petitioners and the present interference by the 1st respondent is unwarranted. It is further submitted that even before submission of the explanations to the show cause notices, the enquiry officer submitted his report, on the basis of which the impugned proceedings were passed and hence the impugned proceedings are void since they are opposed to the principles of natural justice. It may be remembered that there were some representations from the tribal organizations stating that the then Project Officer, ITDA, Eturnagaram had made some illegal appointments of teachers, but on that score it cannot be said that the appointments of the petitioners herein are illegal. In fact, the petitioners herein on an earlier occasion approached this Court questioning the said appointments made by the 1st respondent and this Court by its order dated 05.04.1999 came to the conclusion that the appointment of the 2nd respondent in all the writ petitions except W.P.No.23580 of 2000 as teachers is contrary to the notification and accordingly set aside the appointment of the 2nd respondent and directed the 1st respondent to consider the cases of the petitioners herein afresh and pass appropriate orders. Pursuant to the said order only, the present appointments were made by the 1st respondent appointing the petitioners herein as teachers in the existing vacancies. In view of some representations dated 04.09.2000, after lapse of one and half year, stating that the then Project Officer, ITDA made some illegal appointments, it cannot be said that again an enquiry has to be conducted. Further pursuant to the orders of this Court, the petitioners were allowed to continue in service and they are in service for the last more than 10 years. At this long length of time, it is not desirable to interfere with the said appointments. Therefore, this Court is of the view that the impugned orders are liable to be set aside and are accordingly set aside. All the Writ Petitions are accordingly allowed. There shall be no order as to costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 25-11-2010 Gsn.