KAKARA SREE LAKSHMI Vs. MANAGER REGISTERED EDUCATIONAL SOCIETY OF SISTERS OF ST JOSEPH OF ANNECY INDIA WALTIAR VISAKHAPATNAM

JUDGEMENT

(1.) The petitioner filed writ petition, questioning the orders of the Management of the first respondent in Lr. No.71 of 1996, dated 2-11-1996, whereunder the appointment of the petitioner as Grade-II Telugu Pandit was kept in abeyance, until the excess post in Sacred Heart High School which is under the same management is transferred to R.C.M.Cathedral Aided Upper Primary School in the light of rejection orders passed by the District Educational Officer in that regard.

(2.) The facts leading to the filing of this case are that initially the petitioner was appointed as Grade-II Telugu Pandit in St.Ann's Girls High School, Kakinada under the Management of the first respondent-Society in 1993. Since then she was continuously working in that capacity. In the mean time, in September, 1996 the Management of the first respondent-Society notified two vacancies in the post of Telugu Pandit Grade-II for -recruitment. Pursuant to the notification the petitioner not only applied but appeared for written and oral tests that were held on 8th and 9/10/1996 respectively. Thereafter, the first respondent in its Proceedings No.29/ 96, dated 5-11-1996 appointed the petitioner as Grade-II Telugu Pandit in R.C.M.Cathedral AUP School, Visakhapatnam-1 in place of Smt. K.B.Rajeswari, who retired from service on attaining superannuation from Sacred Heart High School. It is also made clear in that order that the appointment is made pending transfer of the excess post from Sacred Heart High School to R.C.M.Cathedral Aided UP School, Visakhapatnam by the Regional Joint Director of School Education, Kakinada. On 30-11-1996 when the petitioner tried to report to duty, the Headmistress of the School did not permit her to join the duty on the ground that the Department did not agree for transfer of the post from Sacred Heart High School to this Primary School. Intact, it is the case of the petitioner as well as the first respondent that after receipt of the appointment orders the same was kept in abeyance by the first respondent till the Department transfers the excess post to the needy school, simultaneously the Management addressed another detailed letter explaining the need and urgency for transfer of the excess post to this school as such a transfer is permissible under Section 74 of the A.P.Eduction Act as both the schools are under the same management. Since then the Regional Joint Director has not choosen to pass any orders. In those circumstances the petitioner filed this writ petition on 30-12-1996 and this Court by an order dated 27-3-1997 directed the respondents to permit the petitioner to join as Grade-II Telugu Pandit in RC.M.Cathedral A.U.P.School, Visakhapatnam, pending disposal of the writ petition.

(3.) From the factual narration in this case, it is seen that in spite of the orders of this Court the respondents did not permit the petitioner to join duty and she approached one Mr. S.Siva Prasad, Advocate practising in High Court, who advised her that she can file another writ petition instead of filing a contempt case, with the result, for the same relief, the poor petitioner was forced to file another writ petition in WP No. 19049 of 1997. That writ petition was admitted on 30-8-1997 and simply notice was ordered in interim direction petition. When the first writ petition came up for hearing before me the learned Counsel for the petitioner brought to my notice that the petitioner filed another writ petition and both of them can be disposed of together. In that manner, both the writ petitions are listed before me for final hearing.