N TULASIDAS Vs. SECRETARY EDUCATION DEPARTMENT HYDERABAD

JUDGEMENT

(1.) THE present writ petition is filed seeking a direction to the respondents to absorb the petitioner in the vacant aided Grade -I Hindi Pandit Post in the 4th respondent school in terms of G.O.Rt.No.62, Education (SE -PS2) Department, dated 31.01.2006 forthwith, or as and when the Government issues orders for filling up vacancies in aided schools in the State of Andhra Pradesh. The petitioner has also sought a consequential direction to the respondents not to fill up the vacant aided Grade -I Hindi Pandit Post in the 4th respondent school until the issue of the petitioner 's absorption is decided.

(2.) THE facts in brief are that the petitioner, having all the requisite qualifications, initially joined as Grade -II Hindi Pandit on 27.08.1991 in an unaided vacancy in the 4th respondent school. The 4th respondent school has two aided posts sanctioned, viz., Grade -I Hindi Pandit and Grade -II Hindi Pandit with teachers working in those sanctioned posts. In the year 1985 the State Government, however, issued orders dispensing with the subject of Hindi for the students of VI and VII classes, as a result of which, the already sanctioned post of Grade -II Hindi Pandit post in the 4th respondent school was withdrawn. The record reveals that later in the year 1990, the subject was reintroduced by the Government but the post that had been withdrawn was not restored or re -sanctioned to the school.

(3.) AS far as the Grade -I Hindi Pandit is concerned, since the incumbent teacher was taking care of higher classes, for which Hindi was never withdrawn as a subject at any point of time, she continued to occupy the said post till her retirement on 31.10.1998. It has come on record that through proceedings dated 02.01.1999, the 4th respondent school sent proposals to the Government for approval/ratification of the petitioner 's appointment to unaided Grade -II Hindi Pandit post. In the interregnum, as the incumbent teacher in Grade -I Hindi Pandit retired from service on 31.10.1998, through proceedings dated 06.11.1998 issued by the 4th respondent school, the petitioner was promoted and absorbed in Grade -I Hindi Pandit post on the strength of the resolution passed by the management committee. Even this development has been brought to the notice of the authorities concerned by the 4th respondent, which is said to have asked for the leave of the respondent authorities to absorb the petitioner into Grade -I post instead.