B.SOMASEKHARAMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following prayer:

(2.) The brief facts of the case are that the petitioner was initially appointed as Creche Teacher in Women and Child Welfare Department in the year 1985 through Employment Notification. Subsequently, the petitioner was selected for the post of Extension Officer, W&CW (Grade-I) through Andhra Pradesh Public Service Commission (APPSC), Hyderabad under direct recruitment, however the concerned authorities delayed nearly five (5) years for giving appointment order after her selection by the APPSC due to non-production of Social Service Certificate in a proper format. Subsequently, she submitted necessary certificate before the Secretary, APPSC. Thereafter, respondent No.1 issued Memo No.906/Estt.A1/93-13, dtd. 17/1/1997 instructing the Regional Deputy Director, Warangal to issue posting orders to the petitioner as 'Extension Officer'. In pursuance of the same, the Regional Deputy Director issued posting orders to the petitioner, vide Proc.356/B/92, dtd. 17/3/1997. Aggrieved by the delay in issuing appointment order, the petitioner requested the authorities concerned to consider her appointment w.e.f., 1993 instead of 1998 on par with similar selected persons recruited under the same notification. Meanwhile, departmental proceedings were initiated against the petitioner and a show-cause notice No.435/A2/2003, dtd. 18/10/2003, was issued to her with regard to the administrative and financial irregularities committed by her. Aggrieved by the said show-cause notice, the petitioner out of frustration submitted resignation from service on 10/11/2003.

(3.) Mr. M.Saleem, learned counsel for the petitioner submits that due to mental agony, frustration and depression meted out by the petitioner and also continuance harassment meted out by her in the hands of her husband, she applied for resignation on 10/11/2003. Without application of mind and the same was accepted by the respondents on 24/11/2003 and issued proceedings vide proceedings No.435/A2/2000, dtd. 24/11/2003. Thereafter, she made an application on 5/1/2004 before the respondents to withdraw her resignation and respondent No.1 accepted her request for withdrawal of resignation and issued G.O.Ms.No.12, Women Development Child Welfare & Disable Welfare (EsttA1) Department, dtd. 24/2/2009. Pursuant to the said G.O., respondent No.4, the Regional Deputy Director issued proceedings No.191/E/2003, dtd. 13/3/2009 permitting withdrawal of resignation and re-appointing the petitioner as Supervisor Grade-I without any previous consequential financial and service benefits.