M. Vasundara v. The Commisssioner And Director Of School Edn.,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.2264 OF 2004

ORDER

This writ petition is filed seeking the following relief: "...to issue a writ or direction or order more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying any salary for the services being rendered by the petitioner as a Special Grade Teacher on temporary basis and also in not regularizing the petitioner's services as a Second Grade Teacher (Qualified) in the ABM Upper Primary School, Vinukonda, Guntur District, despite of clear vacant posts available in the school, and also in not following G.O.Ms.No.1 (Education Dept), dt. 1.1.1994 is illegal, arbitrary and violation of Constitutional provisions and consequently direct the respondents to regularize the petitioner's services as a Second Grade Teacher (Qualified) in the ABM Upper Primary School, Vinukonda, Guntur District and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice." In spite of the matter being listed under the caption "for dismissal", none appears for the petitioner and no representation is made on his behalf.

Learned Government Pleader appearing for the respondents submits that the petitioner is not working in the 3rd respondent from 23.4.2003 and hence, the question of considering his case for regularization of his services does not arise.

In view of the said submission, this Court is of the considered view that since the petitioner is not working in the 3rd respondent, the question of considering his case for regularization of his services does not arise.

Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 26th November, 2018 rkk