THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.24321 OF 2004 O R D E R Heard both the counsel. 2. Aggrieved by the proceedings issued by the 4th respondent – The Deputy Educational Officer, Adoni, Kurnool District in RC.No.35/2004-2005 dated 17.9.2004 in refusing to absorb the petitioner – H.Santhakumari, into the vacant aided post in the 5th respondent school – The Raya Mills High School, the present writ petition is filed. 3. The case of the petitioner, as stated in the affidavit filed in support of the writ petition, is that she has been working in the 5th respondent – school as unaided B.Ed. Assistant (Social Studies) from 7.10.1998 and that her appointed was in accordance with G.O.Ms.No.1 dated 1.1.1994 and also approved by the competent authority. When B.Ed. Assistant (M) post and another post of Specialist Teacher or pre-vocational Instructor, fell vacant, she filed her representations to the 5th respondent – School, which addressed a letter dated 26.5.2004 to the 3rd respondent – District Educational Officer, Kurnool District, seeking permission for to absorb the petitioner into the aided vacant post of P.V.I./W.E.T. with effect from 1.7.2004 and as no permission was granted, the petitioner filed W.P.No.15018/2004 and this court by order dated 24.8.2004 directed the respondents to pass appropriate orders on the proposal submitted by the 5th respondent - School and thereupon the 4th respondent – Deputy Educational Officer, passed the impugned proceedings dated 17.9.2004 holding that as the petitioner is drawing higher scale than that of the aided post and that as the school is being run with uneconomical strength, the case of the petitioner cannot be considered for absorption. The further case of the petitioner is that even as on today, the post is lying vacant and that she is fully qualified and eligible and that there are number of instances where the respondents have absorbed the candidates into the aided posts and transferred the person and the post to any school in need and with these averments, she also filed a representation. As the case of the petitioner is not being considered for absorption into aided post, she filed the present writ petition. 4. The 5th respondent filed a counter on January, 2007 and while narrating the facts as stated in the writ petitioner further stated inter alia that the petitioner is drawing only an amount of Rs.600/- as consolidated pay and not higher scale as mentioned in the impugned order and further the strength of the school is about 47 from classes VI to IX and that the school is having four aided posts and out of them, three are already vacant and the fourth post is going to fell vacant in the month of March and that the petitioner is the only senior most un-aided S.S. Assistant and with these averments, the 5th respondent sought to pass appropriate orders. 5. The Government did not file any counter. 6. The learned Assistant Government Pleader appearing for Government Pleader for School Education, reiterated the grounds mentioned in the impugned order, that the school is being run un-economical strength and it is not feasible to absorb the petitioner into the aided post. 7. From the material on record it could be seen that the petitioner is working since 7.10.1998 as B.Ed. Assistant and there is no dispute with regard to her eligibility and as per the counter filed by the 5th respondent there are about four vacant aided posts and the petitioner is the senior most and further this court in the earlier writ petition filed by the petitioner in W.P.No.15018/2004 dated 24.8.2004 directed the respondents to consider the case of the petitioner and pass appropriate orders. In the impugned order the main grounds for rejecting to absorb the petitioner are that the school is being run with uneconomical strength and that the petitioner is being paid higher school than that of the aided post. But as per the counter filed by the 5th respondent the strength of the school from VI to IX is about 47 and that the petitioner is being paid consolidated amount of Rs.600/-. The case of the petitioner is that there are instances where the respondents have absorbed the candidates into the aided post and transferred them to any needy school. Further she also made a detailed representation dated 1.10.2004 brining the above facts. The Government did not file any counter. In these circumstances, I am of the view that the case of the petitioner deserves to be considered by the official respondents for absorption into the aided post in accordance with law. 8. For the foregoing reasons, the writ petition is disposed of with the following direction: “The official respondents shall consider the representation of the petitioner dated 1.10.2004 filed for absorption into the aided post in accordance with law and pass appropriate orders within a period of two months from the date of receipt of a copy of this order.” 9. In the circumstances of the case, there shall be no order as to costs. AVS ----------------------------------------- 23—06—2008