THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.17811 OF 2014 Between:-
M.Ravi Kishore.
…Petitioner And The Government of Andhra Pradesh, Rep.by its Principal Secretary, Education (COSE) Department, Secretariat, Buildings, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.17811 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Education appearing for the respondents.
This writ petition is filed for a writ of mandamus, declaring the action of the respondents in not absorbing the services of the petitioner though he has put in sufficient service in the aided and clear vacancy of Record Assistant with effect from 17-09-2002 as illegal, arbitrary and consequently direct the respondents to confirm the services of the petitioner from the date of his appointment by absorbing him in the post of Record Assistant with all consequential benefits including the arrears of salary.
It is submitted by the learned counsel appearing for the petitioner that the petitioner is working as Record Assistant and there was a clear vacancy of Record Assistant post in 6th respondent school, which is an aided institution run by the 5th respondent. As a minority candidate, the petitioner applied for the said post and after due selection procedure, the 5th respondent has appointed the petitioner as Record Assistant by proceedings dated 17-09-2002. Since then, he has been working in the school as Record Assistant without any break. The grievance of the petitioner is that though he has been working as Record Assistant in the clear vacancy from 17-09-2002, he has not been paid the aided salary and has been paid only the salary of unaided post.
So far, the State has been resisting the claim of the petitioner on the ground that there was a ban by virtue of Government Memo No.12080/COSE/A2/2004-4, dated 20-10-2004. However, subsequently, the said Memo has been quashed by an order passed by this Court dated 30-7-2013 in W.P.No.9503 of 2005 and batch, and thus there is no prohibition for the State to consider the case of the petitioner for absorption into aided post of Record Assistant. In the similar circumstances, learned Single Judge of this Court in W.P.No.32063 of 2013 passed an order directing the Government to consider the case of the petitioner therein for absorption.
In the instant case also, the petitioner stands on the same footing. Therefore, the first respondent is directed to consider the case of the petitioner for absorption into the aided post of Record Assistant on fulfillment of the eligibility criteria in relation to the said post and according to the rules, within a period of three months from the date of receipt of copy of this order.
Accordingly, the writ petition is disposed of. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 01-07-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.17811 OF 2014 Date: 01-07-2014 Shr.