LAWS(APH)-2014-12-24

GOVERNMENT OF ANDHRA PRADESH Vs. V SOMA SUNDARAM

Decided On December 01, 2014
GOVERNMENT OF ANDHRA PRADESH Appellant
V/S
V Soma Sundaram Respondents

JUDGEMENT

(1.) RESPONDENT Nos.1 to 4 in W.P.No.4124 of 2000 filed this writ appeal feeling aggrieved by the order, dated 11.07.2005, passed by the learned Single Judge.

(2.) FOR the sake of convenience, the parties are referred to as arrayed in the writ petition.

(3.) THE petitioners were appointed as Teachers in respondent No.5 -institution. The institution was admitted to grant -in -aid by the Government through its order in G.O.Ms.No.299, dated 01.09.1992. Consequent upon that, the services of the petitioners were absorbed against the posts of B.Ed. Assistants and proposals in that behalf were submitted by the institution. The District Educational Officer, respondent No.4 herein, accorded approval for such absorption through proceedings, dated 29.03.1993. In the context of absorption of Teachers working in the private educational institutions against the aided vacancies, certain problems were faced. In certain cases, the initial appointment against the unaided vacancies was not in accordance with the prescribed procedure. Therefore, the Government issued orders of relaxation in certain cases and similar facility was denied in other cases. A batch of writ petitions was filed before this Court. A Division Bench of this Court dealt with the matter, in detail, through its judgment reported in K.C. High School, Guntur Vs. Government of A.P., 1997 6 ALD 331 Edn. Dept., Hyderabad . The Bench has directed that the Government shall constitute a committee to work out the modalities of absorption of the unaided teaching and non -teaching employees in aided institutions wherever such appointments were made contrary to the prescribed procedure, duly extending the benefit of relaxation. Further direction was that such of the candidates, who are found to be eligible for absorption, must be absorbed against the aided vacancies with effect from 1.4.1997, irrespective of the date of their appointment or the date of admission of the institution into grant -in -aid or the date on which the vacancy has arisen.