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S Eswari v. The Government of Andhra Pradesh

Andhra Pradesh HC9 Dec 2019WP/19843/2019

Case brief

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What is this about?

The High Court directed the Employer to dispose of the petitioner's pending representation regarding her degree qualification expiry and ordered her continuation in service pending that decision. The petition challenging the dismissal was disposed of.

What did the court decide?

Directed 4th respondent to dispose of representation and continue petitioner in service. Petition disposed of.

S Eswari Vs The Government of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2019)

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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.19843 of 2019

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ORDER:

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This writ petition is filed “to declare the action of the 5^th respondent in not allowing the petitioner to attend/continue the duties as a Junior Assistant in Government DLTC/ITI, Guduru and insisting to obtain orders from the 4^th respondent for extension of the time for producing the degree certificate from the Sri Venkateswara University though she completed her degree course, though the results are announced by the University as she has cleared the final year exams, as illegal and arbitrary.”

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Case of the petitioner is that, she was appointed as Junior Assistant in the office of the 5^th respondent on compassionate grounds, with a condition that she should acquire degree qualification within a period of three years; she joined duty on 26.11.2014; she made a representation to the 4^th respondent through the 5^th respondent for extension of time limit to acquire the degree qualification; the 4^th respondent extended the period for further two years vide letter dated 15.12.2017; while so on 19.11.2019, the 5^th respondent issued a notice to the petitioner to produce the degree certificate within a period of three days; the petitioner submitted explanation to the 5^th respondent on 23.11.2019 stating that she passed 1^st and 2^nd year degree examinations and she appeared for the 3^rd year degree examination in the month of July 2019 and the results of the 3^rd year are not yet declared by the S.V. University and hence, she requested the 4^th respondent to extend the time till the results are declared by the S.V. University; the 5^th respondent submitted proposal to the 4^th respondent for obtaining orders

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vide letter dated 25.11.2019; however, the S.V. University announced the results of the 3^rd year examination on 01.12.2019, in which she passed her 3^rd year degree examination; she made a representation dated 02.12.2019 to the 4^th respondent to permit her to continue as a Junior Assistant in the office of the 5^th respondent and the same is pending with the 4^th respondent, but the 5^th respondent is not allowing the petitioner to continue the duties as a Junior Assistant and insisting her to obtain extension of time from the 4^th respondent. Hence, the writ petition.

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Learned Government Pleader appearing for the respondents submits that the representation dated 02.12.2019 of the petitioner would be disposed of by the 4^th respondent in accordance with law.

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In the facts and circumstances of the case, without going into the merits of the case, the 4^th respondent is directed to dispose of the representation dated 02.12.2019 of the petitioner, in accordance with law. Further, as the petitioner passed her 3^rd year degree examination also, results of which were announced on 01.12.2019, the respondents are directed to continue the petitioner as Junior Assistant in the office of the 5^th respondent till the decision is taken on the representation of the petitioner.

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The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.

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__________________________ KONGARA VIJAYA LAKSHMI, J

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Date: 09.12.2019 Note: Furnish CC in two days. (BO) BSS

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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.19843 of 2019

URGENT

Date: 09.12.2019

BSS

S Eswari v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S Eswari v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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