B SESHACHARYULU 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 to quash the order of the 2nd respondent, the Director of Public Instruction, Andhra Pradesh, Hyderabad dated 24-7-1959 IIn D. Dis. No. 1513 of 1959, as confirmed by the order of the Government (1st respondent) dated 10-11-1960.

(2.) The principal facts are rot in dispute in this case. The petitioner is a Telugu Pandit, who holds the Oriental title of Vidwan and also a certificate of Pandits training. By resolution dated 10-9-1954, of the Appointment Committee of the Ongole Municipality the petitioner was appointed as a Junior Telugu Pandit in the Municipal High School, Ongole in the scale of Rs. 45-2-75. By a resolution dated 9-2-1955, of the Appointment Committee, the petitioner was placed In the grade of Rs. 60-4-100, in conformity with G.O. Mis. 2229/Edu. dated 23-9-1952, with effect from the date of his appointment. By resolution No. 15 dated 31-12-1956 the petitioner was declared as an approved probationer with effect from 15-9-1956. The purport of the resolution was duly communicated by the Commissioner to the petitioner on 31-12-1956. By resolution No. 10 dated 10-7-1957, the Appointment Committee confirmed the petitioner as Grade I Telugu Pandit with effect from his joining his substantive post on 15-9-1954. In his letter dated 12-7-1957, addressed to the petitioner the Commissioner directed him to produce the fitness certificate and also informed him that he was eligible for provident fund subscription. The petitioner was from that date functioning as a permanent Grade I Telugu Pandit. It is not in dispute that he had drawn three increments.

(3.) One V. Ramamurthy, was appointed as Grade I Telugu Pandit in P. V. R. M. S. School which is also under the management of the Ongole Municipality on 31-8-1955. He was reverted flack as Secondary Assistant with effect from 4-5-1956 during the summer recess of the year 1955-58. He was again re-appointed in the municipal school with effect from 38-6-1956 till 5-5-1958, when he was reverted as Secondary Assistant. At that stage Sri V. Ramamurthy, filed an appeal dated 7-5-1958 to the Regional Deputy Director, Public Instruction, Guntur. Therein he stated that in addition to the Oriental title of Bhasha Praveena, he had a general educational qualification of being an Intermediate, that he had put in a continuous service of 2 years and 8 months in Grade I and complained that his reversion to the post of a Secondary Grade Assistant in the summer vacation was improper and unjust. He also pointed out that Sri P. Seshacharyulu (the writ petitioner herein) who did not have the necessary qualifications had been confirmed as Grade I Pandit in the scale of Rs. 60-4-100. The second respondent considered the representation of Sri V. Ramamurthy contained in his appeal and passed the following order on 27-4-1959;