Allowed

Achanta Sri Mahalakshmi Narasamamba, v. Government of Andhra Pradesh

Telangana HC3 Dec 2010WP/21327/2001

Case brief

AI extract

What is this about?

A teacher sought writ jurisdiction to convert a vacant SGT aided post into a Telugu Pandit Grade II post to facilitate her absorption into regular service. The court noted the respondent government failed to give reasons for rejecting the proposal and directed the conversion.

What did the court decide?

Petitioner absolved to convert SGT aided post into Telugu Pandit (Grade II) aided post to facilitate her absorption.

Achanta Sri Mahalakshmi Narasamamba, Vs… — Pension and Retirement Benefits | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.21327 of 2001

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ORDER:

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The petitioner approached this Court under Article 226 of the Constitution of India, originally praying for writ of mandamus directing the respondents to absorb her in the aided vacancy on regular basis and to extend all the benefits which are being extended to other teachers working in the fourth respondent school. Subsequently, the petitioner got the said prayer amended seeking writ of mandamus declaring that proceedings of the first respondent in Memo No3487/PS3/2004-1 dated 15.05.2004 as arbitrary and illegal and directing the respondents to absorb the petitioner in aided vacancy on regular basis.

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The fourth respondent namely Sri Rama Hindu Aided Upper Primary School, Palagudem, Eluru Rural, Mandal West Godavari District is an aided institution. Originally, the petitioner was appointed as teacher in unaided post on temporary basis by the management of that school on 05.12.1991. The third respondent approved the petitioner’s appointment on regular basis, as per proceedings LDC No.65/A3/92 dated 02.11.1992. While so, the Government intended to transfer the school to aided school of Zilla Parishad at Eluru. Apprehending that the petitioner’s services will be terminated if the school is taken over by Zilla Parishad Aided School, Eluru, the petitioner approached this Court originally contending that merely because the petitioner is not absorbed in aided vacancy the respondents cannot terminate her services.

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This Court by order dated 04.03.2003 in W.P.M.P.No.26894 of 2001 in this writ petition passed the following order:

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“ When this petition came up for further consideration, the learned counsel for the petitioner submitted that though the management has submitted proposals to absorb the petitioner into grant-in-aid post from unaided T.P. Gr. II post to mitigate the hardship of the individual, to the commissioner and Director of School

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Education vide letter dated 24.12.2001 but the same was not considered by the second respondent due to pendency of the writ petition.

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In view of the above, I consider it appropriate that the second respondent shall pass appropriate orders on the proposals submitted by the Management ignoring the pendency of the writ petition.”

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The petitioner contends that thereupon the District Educational Officer recommended for her absorption into existing SGT post which fell vacant due to retirement of one Lalitha Devi and that the District Educational Officer also submitted that as per staff pattern and rules, there is need to continue Grade II Telugu Pandit in the school. Further, in pursuance of the above interim order passed by this Court, the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad sent proposals to the Government by his Letter Rc.No.2242/B1-2/2001 dated 09.03.2004 setting out vacancy position of SGT post, staff pattern, rules and need for Telugu Pandit (Grade II) post, to convert the post of SGT to Telugu Pandit (Grade II), so that the petitioner who was qualified and regularly appointed to the post of unaided teacher, can be absorbed in the aided post. After receiving the said proposals from the Director and Commissioner of School Education, the Government of Andhra Pradesh, issued the impugned Memo No.3487/PS-3/2004-1 dated 15.05.2004 turning down the said proposal as not feasible and rejecting the same.

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No reasons are given in the impugned memo by the Government for not converting aided SGT post into Telugu Pandit (Grade II). Because of this litigation the Government is not able to take over management of the fourth respondent school and to merge the same into Zilla Parishad Aided School, Eluru. No additional financial burden is also caused because of this conversion and absorption of the petitioner.

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Even though the petitioner got the writ petition amended in the year 2004 seeking relief as against the above rejection of proposal

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made, the Government could not come forward with its case setting out reasons for such rejection. The Government cannot substitute reasons which are not existing in the impugned memo. The Government also did not file any additional counter for the amended prayer made in this writ petition. The Government Pleader expressed his helplessness in this regard. In view of the above fact situation and in view of existence of vacant SGT aided post which is liable to be converted as aided Telugu Pandit (Grade II), the writ petitioner is entitled for relief in this writ petition.

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In the result, the writ petition is allowed making Rule Nisi absolute and directing the first respondent to convert SGT aided post in fourth respondent school into Telugu Pandit (Grade II) aided post to facilitate the petitioner for being absorbed into the said aided post. No costs.

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______________________________ SAMUDRALA GOVINDARAJULU,J

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03.12.2010 lvl

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THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

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WRIT PETITION No.21327 of 2001

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Dt.03.12.2010

Achanta Sri Mahalakshmi Narasamamba, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Achanta Sri Mahalakshmi Narasamamba, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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