Sadhika Begum, W/O. K.Sanjeev Kumar v. The Government Of Telangana
HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.42427 of 2015 DATED : 30.12.2015 Between:
Sadhika Begum W/o.K.Sanjeev Kumar, Aged about 28 yrs, Occu : Guest Teacher (Bio-Sciences), KGBV, Narva R/o.Erladhinne Village, Narva Mandal, Mahaboobnagar District.
.. Petitioner AND The State of Telangana, Rep., by its Principal Secretary School Education Department, Secretariat, Hyderabad & 4 others.
.. Respondents
The Court made the following:
HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.42427 of 2015 ORDER:
Petitioner claims to have been appointed in the year 2012 as guest teacher (Bio-Sciences) for KGBV Narva Mandal. Petitioner claims to have been working since her appointment. In this writ petition, petitioner seeks prayer to declare the action of the respondents 3 and 4 in trying to terminate the services of the petitioner as guest teacher. Vague averments are made in the affidavit filed in support of the writ petition. As seen from the representation filed by the petitioner on 18.12.2015, even according to the reckoning of the petitioner, she is not working since 23.11.2015. Furthermore, according to the averments in the affidavit, the 5th respondent is appointed as teacher. No appointment order of the petitioner is filed in the material papers nor appointment of the 5th respondent is challenged. As the relief sought in the writ petition is against "trying to terminate the services of the petitioner" no relief as sought for can be granted and writ petition cannot be entertained in anticipation of termination.
2. Further more, as stated by learned counsel for the petitioner, the status of the petitioner when appointed in the year 2012 is on contract basis. It is not known for what period petitioner was appointed and whether subsequently, her appointment was renewed. In the absence of proper pleadings and more particularly when there is no express order of termination and in anticipation of termination, no relief
can be granted. The writ petition at this stage is pre-mature. 3.
Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to pursue her grievance with the District Collector in pursuant to the representation claimed to have been submitted by the petitioner on 18.12.2015 and the same shall be considered objectively notwithstanding the dismissal of the writ petition. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.
___________________ P.NAVEEN RAO, J Date: 30th December, 2015 Rds