T MARIADASU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of Certiorari calling for the records relating to G.O. Rt. No. 665, Education dated 19-4-1989 of the first respondent and the consequential letter dated 29-4-1989 ofthe 3rd respondent and to quash or set aside the same holding the said orders as illegal, arbitrary, unjust, unsustainable and capricious with a consequential direction to reinstate the petitioner in service as Headmaster of the 3rd respondent Institution with all consequential benefits.

(2.) The petitioner submits that he obtained B.A., Degree from the Andhra Univerity in the year 1958 and completed B. Ed., course and obtained the said degree from the Osmania University in the year 1963. He was invited by the management of the Valerian Grammar School, Bolarum to take up the post of Headmaster. He was appointed as Headmaster, vide letter dated 20-5-1968, with effect from 1-6-1968 in the scale of pay of Rs. 200-400. He was granted five advance increments and his pay was fixed at Rs. 250/- in the beginning itself. The petitioner says that he served the institution on with dedication and devotion and showed commendable results within a short period of time.

(3.) In the year 1982 the management of the Valerian Grammer School was taken over by Archdicese of Hyderabad headed by the Most Rev. Archbishop of Hyderabad. One Father Solemn Thanugundla was appointed as the Correspondent for the academic year 1983-84. The petitioner alleges that the said Father Tbanugundla was a controversial figure and there were allegations of financial irregularities and misappropriation against him. The petitioner further states that in the Council of Priests held on 20-3-1985 the Archbishop of Hyderabad, who had obviously been briefed against the petitioner, Father Thanugundla had commented upon the prevailing situation at the Valerian Grammar School where there was a Priest as the Correspondent and a lay-man as its Headmaster and the Assistant Headmaster happened to be a Priest. The idea was that the Headmaster should be replaced by a Priest and the petitioner may be continued as a member of the teaching staff. The object of the petitioner in dwelling upon this institution is to demonstrate the fact that the authorities were ill-disposed towards him from the very beginning. He was served with a letter on 18-4-1985 by the Correspondent that he will not be continued as Headmaster from the academic year 1985-86 and that he was appointed as the First Assistant of the School by protecting his pay. The petitioner could not reconcile himself to the situation, and he filed an appeal before the Archbishop for withdawing the said order. Since the appeal evoked no response he was constrained to file W.P. No. 5563/85 in which he obtained interim directions to continue as the Headmaster of the Valerian Grammar School. Thereafter, the petitioner was placed under suspension pending enquiry, and the following three charges were framed against him by the management :