PAKALAPATI SATYANARAYANA RAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ appeal and the writ petition involving common question of law and fact were taken up for hearing together and are being disposed of by this common judgment.

(2.) At all materials times the petitioner had been working in a paid post. He was appointed as a Superintendent by the 4th respondent-MANSAS Trust (hereinafter referred to as 'the Trust'). The Trust runs several educational institutions. By reason of G.O.Rt.No. 876, Education (EE) Department, dated 16-5-1992 the post of superintendent was upgraded to the post of administrative officer. Whereas the post of the superintendent, upgraded as administrative officer, is a paid post, the posts of Secretary and the Correspondent are honorary posts. The incumbent of the post of Correspondent resigned whereafter, his duties were assigned to the petitioner. By reason of an order dated 25-11-1997 the Director of School Education approved the petitioner as administrative officer with effect from 17-10-1997 purported to be in terms of Rule 7 of the A.P. Grant-in-aid Code. The Regional Joint Director of School Education, also approved the posting of the petitioner as Correspondent. Several other authorities also approved the same. The petitioner, however, was placed under suspension by the 4th respondent herein by order dated 25-12-1999. A writ petition was filed questioning the said order which was allowed by this Court.

(3.) However, it appears that the Government of Andhra Pradesh issued G.O.Ms.No.52, Revenue (Endowments 1), dated 18-1-2001 for appointment of a full time executive officer, the material portion whereof reads thus: Government after careful consideration hereby sanction one post of Executive Officer in the cadre of Assistant Commissioner in the scale of pay of Rs. 6350-13000 to the 'MANSAS' Trust, Vizianagaram, for appointment of an independent Executive Officer on regular basis, subject to the following conditions: