GUDAVALLI NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ or direction to quash the order of the 1st respondent made in G.O. Ms. No. 2315, Education, dated 4th October, 1956, confirming the order of the and respondent, dated 9th November, 1955 and to give a consequential direction to reinstate the petitioner in Grade I.

(2.) The petitioner is a Hindi Pandit in Board High School, Kowali, West Godavari, and, therefore, an employee of the 3rd respondent, the District Board of West Godavari represented by the Special Officer. He stated that he was appointed a teacher on 9th February, 1937, that in 1939 he obtained a Diploma in Rashtra Bhasha Examination of Dakshina Bharat Hindi Prachar Sabha and that by an order, dated 9th December, 1941, his services were confirmed as a Hindi Pandit with effect from 26th September, 1940. By proceedings, dated 2nd October, 1949, the Special Officer of the District Board, West Godavari, acting in pursuance of G.O. No. 996, Education, dated 5th April, 1949, placed the petitioner along with four others in Grade I of the Hindi teachers with effect from 1st January, 1949, on the scale of Rs. 60-4-120. So, it transpires that with effect from 1st January, 1949, the petitioner was placed in Grade I. From the language of that order there is nothing to indicate that the placing of the five teachers therein mentioned was on a temporary or an officiating basis.

(3.) On 27th February, 1953, the President of the District Board, West Godavari, passed the following order :- "Under sub-rule 2 (b) of rule 8 of the Rules issued in G.O. No. 2342, L.S.G., dated and June, 1936, as subsequently amended, Sri G. Narasimha Rao, Grade I Hindi Pandit, Board High School, Kowur, is hereby declared to have satisfactorily completed his period of two years probation within a continuous period of three years by the end of 31st December, 1950. Sri G. Narasimha Rao is also granted the periodical increments earned by him on 1st January, 1951 and 1st January, 1952, raising his pay from Rs. 64 to Rs. 68 and 72 per mensem respectively in the scale of Rs. 60-4-120."