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High Court for State of TelanganaWP/9241/2015disposed of no costs

Smt. K. Rajya Lakshmi v. The State Of Telangana

2016-08-09A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 9241 of 2015 Order:

The petitioners have been working as Teachers (SGT) in the fourth respondent-School. They claim that they were appointed against vacant aided posts. It is their claim that they were appointed after undergoing due process of selection.

When the fourth respondent submitted proposals to the respondents 1 to 3 and when it was not considered, the present Writ Petition is filed.

2. A counter affidavit is filed on behalf of the respondents 1 to 3 stating that the petitioners were appointed on consolidated pay without obtaining approval from the competent authority as required in G.O.Ms.No.1, Education Department, dated 01.01.1994. It is also stated that the Government took a policy decision imposing ban on creation and filling up of the aided posts in the recognized aided schools by Memo dated 20.10.2004.

3. With regard to ban, learned single Judge of this Court held that the said ban is illegal and hence the respondents cannot take up the plea of ban. However, in view of the proposals submitted by the fourth respondent to the respondents 1 to 3 way back in the year 2010, the respondents 1 to 3 are directed to consider the proposals submitted by the fourth respondent in accordance with law and pass appropriate orders thereon within a period of three (3) months from the date of receipt of a copy of this order. If the respondents 1 to 3 do not find copies of the proposals of the fourth respondent, the fourth respondent shall be asked to submit proposals afresh and action shall be taken after submission of the proposals by the fourth respondent.

4. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

5. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ A.

RAMALINGESWARA RAO, J Date: 09.08.2016 Nsr