P. Narasimha Raju v. The District Education Officer,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24734 of 2006 ORDER:

This writ petition is filed seeking following relief: "Writ of Mandamus declaring the action of the 2nd Respondent in causing interruption in my service and subsequent inaction of the Respondents in condoning the interruption period for treating the same as continuity of service, as illegal, improper, arbitrary and violative of Article 14 of the Constitution, and consequently direct the Respondents to treat the entire interruption period on duty and to pay all the benefits arising out of the same, such as granting 3 increments, payment of arrears, refixation of pay, sending revised pension proposals to the Accountant General."

An objection is taken by the learned Government Pleader as well as the learned counsel appearing for the second respondent that no writ would lie against the second respondent as the second respondent is only a private party. However, learned counsel for the petitioner submits that without going into the merits of the matter if the only information sought for by the petitioner is furnished to him by the second respondent, he would be satisfied at this stage leaving it open to work out the remedies available to him in accordance with law. The petitioner sought information claiming regularization to break in service between 18.06.1969 to 01.07.1969 for 14 days and from 15.06.1970 to 01.07.1970 for 16 days and thereby the District Educational Officer (DEO), first respondent, by letter dated 14.11.2005 sought information from the second respondent. It is the case of the

petitioner that the information as sought for by the DEO is furnished by the second respondent.

Learned counsel for the second respondent submits that they would have no objection to provide the information that is required by the petitioner.

Accordingly, the Writ Petition is disposed of with a direction to the second respondent to furnish the information sought for by the first respondent within two weeks from the date of receipt of a copy of this order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _________________________________________ JUSTICE CHALLA KODANDA RAM January 5, 2017 LMV