B.Thirumala Naidu v. The District Educational Officer,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.7406 OF 2003 ORDER:

This petition is filed for a writ of Mandamus declaring that the petitioners are entitled for absorption into grant in aid vacancies as per the law laid down by this Court with all consequential benefits, by holding the action of the respondents in not absorbing the petitioner into grant in aid vacancies though proposals have been sent on 28.10.1997 for their absorption, as illegal and arbitrary.

Now, counter affidavit is filed by the respondents 1 to 3 denying that the 4th respondent has sent proposals on 28.10.1997. It is further stated that in the absence of vacant aided posts, the posts held by the petitioners are dis-entitled for admission into grant in aid on earlier occasion and that the proposals sent by the Management with regard to admission of SGT posts into grant in aid was rejected by the Government by Memo No.1945/PS-II/98-1 Edn., dated 04.03.1998 communicated by the DSE, A.P.Hyderabad vide proceedings in Rc.No.1488/B2-4/97, dated 07.04.1998.

Counter filed by the 4th respondent also does not indicate that any proposals have been sent.

Heard learned counsel for the petitioners.

In view of the categorical assertions of the respondents 1 to 3 that the proposals have not been sent to them and that the Government has rejected their proposals vide proceedings dated 04.03.1998 and 07.04.1998, no relief can be granted in the writ petition.

Accordingly, the writ petition is dismissed. However, it is open for the petitioners to challenge the proceedings dated 04.03.1998 and 07.04.1998 in accordance with law. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 29.10.2015 tk