K PADMINI Vs. DIRECTOR

JUDGEMENT

(1.) The petitioner was temporarily employed as Hindi Pandit in S.A.High School. Bellampally run by Singareni Colleries Ltd., (herein referred to as the 'Company') in the year1983. She worked from 6-12-1983 to 18-4-1987, 16-8-1984 to 31-3-1985 and from 15-10-1987 to 14-12-1987. She again worked at Kalyanikhani School from August, 1990 to December, 1990 with breaks. In May, 1990,the company advertised for the post of Hindi Pandits after notifying the Employment Exchange to sponsor candidates. Complaining that the Employment Exchange has not sponsored her name,the petitioner filed this writ petition seeking regular absorption as Hindi Pandit and also challenging the action of the company in considering only persons sponsored by the Employment Exchange.

(2.) The company has filed counter stating that thepetitionerisnot entitiedto be absorbed as regular employee as her appointment is onlytemporary againstthe leave vacancies, that shehasnot worked continuously in any academic year for 240 days, that she did not work in the academic years 1985-86, 1988-89 and 1989-90 and that she cannot be considered unless her name is sponsored by the Employment Exchange.

(3.) The District Employment Officer filed counter stating that as the qualifying upper age limit prescribed by the company is 34 years as on 31-8-1990 and as the petitioner was born on 15-12-1954, shewasnot qualified and was not accordingly sponsored by the EmploymentExchange. The leamedcounsel for the petitioner Mr. D.Lingarao contended (1) that as the petitioner has worked continuously from 1983 to 1990 with breaks, deliberately created by the management, the petitioneris entitled tobe absorbed; arid (2) that the A.P.Educational Institutions (Establishment, Recognition, Administration and Control of Schools) Rules, 1988 (herein after referred to as 'Rules') framed under G.O.Ms.No.524 dated 20-12-1988 do not prescribe any maximum age limit for recruitment of teachers inprivate educational institutions.