D.CHINNA RAO Vs. PROJECT OFFICER,ITDA,RAMPACHODAVARAM

JUDGEMENT

(1.) The writ petitioner, who is a Secondary Teacher-cum-Deputy Warden, working in Tribal Welfare Ashram Girls High School, Singampally village, Rajavommangi Mandal, East Godavari District, impugned the proceedings in Rc. No. T1/25/2008, dated 09.01.2008, issued by the Project Officer (FAC), I.T.D.A., East Godavari District, the 1st respondent herein, as being illegal, arbitrary, unjust and being violative of Articles 14, 16 and 21 of the Constitution of India. The petitioner has sought a consequential direction that he is entitled to continue as a Teacher-cum-Deputy Warden with all consequential benefits. Facts, as pleaded, in brief are that the petitioner, who belongs to Scheduled Caste community, was originally appointed S.G. Teacher in Girijana Vidya Vikasa Kendra School, Bushigudem, East Godavari District, in the year 1991. After a couple of transfers, he was finally posted to the school in Singampally with effect from 13.06.2006 as Teacher-cum-Warden. He is said to have rendered over 15 years of unblemished service without any complaint what-so-ever. Concerning the hostel under his charge, it is said to consist 462 tribal boarders, having been located in a very interior place. In each room of the hostel 20 students are crammed, without any separate accommodation either for the Warden or for the Headmaster.

(2.) On the fateful night of 31.12.2007, a girl studying 8th class fell sick suddenly at about 10-30 p.m. On being informed by the pupils of the hostel, the petitioner rushed to the hostel room, assessed the situation and called for ANM, a paramedic, to treat the student, but to his dismay, he was informed that there was no medicine available with the ANM for fits (seizures), which the pupil was said to have been suffering from. It is stated that, though the petitioner had tried over phone to contact 108 ambulance, located in a far off place, he could not succeed, that as it was a remote area, no private vehicle was available and that despite his best efforts, he could not provide any medication to the suffering girl on that night.

(3.) It is further stated that on the next morning, the petitioner, having engaged an auto, took the girl to the nearby Primary Health Centre at Giddangi, from where she was again shifted to Primary Health Centre at Rajavommangi, by informing the concerned parents on route. After preliminary treatment, the doctors referred the suffering pupil for a better treatment to a private hospital in Rajahmundry. To shift the girl afflicted by seizures, as the petitioner had no money about him, he rushed back to the Headmaster and sought for financial assistance, which was refused. Eventually, he could pool some money to pay for the fuel of the ambulance, but when he was about to shift the pupil, another girl studying 9th class fell sick with appendicitis. Under these circumstances, both the girls were rushed to the private hospital at Rajahmundry. Sadly, the girl suffering from fits died at 10-00 p.m. on 31.12.2007, notwithstanding the best efforts of the doctors. Insofar as the second girl is concerned, with timely treatment, she was cured of appendicitis.