SABIHA RUKSANA Vs. GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a writ of Mandamus, declaring the impugned order passed by respondent No.4 in proceedings dated 01.06.2013 absorbing the petitioner as Secondary Grade Teacher into Grant-in-Aid post in the 5th respondent-School w.e.f. 27.04.2013 instead of 10.09.2003 as per Memo issued by the Government, as arbitrary, illegal and unconstitutional.

(2.) Heard Sri N.Rajeshwara Rao, counsel for petitioner and G.P. for Education appearing for respondents.

(3.) It has been contended by the petitioner that she was appointed as a Teacher in the 5th respondent-School on 16.06.1986 and since then, she has been discharging her duties to the best satisfaction of her superiors and everyone concerned. Petitioner further contended that the management of 5th respondent-School absorbed her into grant-inaid post and submitted proposals to the competent authority on 03.07.2001 for granting approval of the petitioner's appointment in aided vacancy. The State Government had issued Memo dated 10.09.2003, according permission for absorption of petitioner into aided vacancy on humanitarian grounds with a specific observation that the petitioner was appointed in the 5th respondent-School prior to issuance of G.O.Ms.No.524, dated 20.12.1988 and gave specific orders to absorb the petitioner into aided service. Thereafter, the petitioner has been making series of representations to issue consequential proceedings for absorbing into aided service in pursuance of Memo dated 10.09.2003. When the case of the petitioner was rejected vide orders dated 30.04.2008, petitioner had filed writ petition No.15210 of 2008 before this Court challenging the said rejection orders. This Court disposed of the said writ petition setting aside the rejection orders dated 30.04.2008 and further directed the respondents to consider the case of the petitioner and pass appropriate orders within two months from the date of receipt of copy of said order. The petitioner further contended that this Court disposed of writ petition No.15210 of 2008 with a specific observation that the petitioner was appointed in the 5th respondentSchool prior to issuance of G.O.Ms.No.524, dated 20.12.1988 and G.O.Ms.No.1, dated 01.01.1994, and that, ban was imposed by the State Government on 20.10.2004 and the said ban has no application in respect of the petitioner, as the petitioner was appointed way-back in 1986 i.e. much prior to issuance of Statutory Rules. Therefore, this Court specifically held that the reasons assigned for rejection have no application in the instant case.