AIDED UPPER PRIMARY SCHOOL KAMINAIDUPETA JALUMURU MANDAL SRIKAKULAM DISTRICT REP Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The petitioner prays for an appropriate writ, order or direction more particularly one in the nature of a mandamus declaring the action of the respondents in not posting the teachers in the existing vacancies or in the alternative, by not permitting the petitioner to recruit new teachers in their place and also not releasing the salaries of the teachers, as illegal, arbitrary and unjust and also for consequential directions.

(2.) The petitioner is an aided Upper Primary School at Kaminaidupeta village, Jalumuru Mandal in Srikakulam District. It is a recognised educational institution offering studies upto 7th class. It is claimed to be one of the popular institutions in the District.

(3.) The facts in the instant case are required to be stated in somewhat detailed manner. The petitioner terminated the services of three teachers viz., N.Kasi Naidu, M.B.S. Narayana and B. Kameswara Rao on 21-6-1983, 12-8-1983 and 20-2-1984 respectively as their services were found to be unsatisfactory and also for the reason that their behavior was very adamant exhibiting gross insubordination to the Management. The said action of the petitioner was questioned by the teachers in an appeal before the 3rd respondent and obtained an interim order on 22-8-1984 directing their reinstatement. That interim order was challenged by the petitioner in W.P.No. 12932 of 1984 and the same was disposed of by this Court on 17-1-1985 directing the petitioner herein to file an appeal against the said order dated 22-8-1984 before the 2nd respondent and further direction to the 2nd respondent to dispose of the appeal, if filed, within two months from the date of filing of the appeal. Inspite of the fact that such an appeal was preferred by the petitioner herein, no orders were passed by the 2nd respondent as directed by this Court. The petitioner was again constrained to file W.P.No.6656 of 1986 agitating the same issue and this Court disposed of the said writ petition on 16-6-1986 with a specific direction to the 2nd respondent to dispose of the appeal within two weeks therefrom. There was no progress in the matter. The petitioner filed yet another Writ Petition No.9491 of 1986 and obtained interim direction directing the authorities to permit the petitioner to appoint three teachers in place of those three teachers whose services were terminated by the petitioner as detailed earlier. The said three teachers, aggrieved by the orders of this court moved an application to vacate the said interim order of this court and this court by order dated 10-9-1986 in W.A.M.P. No.1 137 of 1986 modified the order and directed the authorities to accommodate the said teachers temporarily in any other Upper Primary School in Srikakulam District and with a further direction that three teachers in their places should be allotted to the petitioner's school. This order passed by this Court was not given effect to by the respondents and apart, non compliance of the said direction, the petitioner herein filed Contempt Case No.41 of 1987 and this Court, by order dated 31-7-1987 permitted the management to appoint three teachers temporarily until further orders in place of those teachers. It is stated, that pursuant to the said orders, the petitioner recruited three teachers by name Sri S.Mohan Rao, B.Bhaskara Rao and B. V. Satyanarayana Murthy on 1-9-1981.