G.Raghu Vinay Kumar, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.27986 of 2017 ORDER:

Petitioner was appointed as Physical Education Teacher (PET) on 01.12.1996 in an unaided vacancy by respondent No.5 school. Thereafter, as aided vacancy arose due to retirement of existing incumbent, respondent No.5 appointed him as PET in such vacancy on 30.06.2002 and sent for approval of the Government. However, the respondent authorities did not take any action. While the matter stood thus, the petitioner filed Writ Petition No.26056 of 2013 seeking to direct the authorities to absorb his services into grant-in-aid post. The said Writ Petition was disposed of vide order, dated 29.11.2013, whereby, this Court directed the Government to consider his case for absorption into grant-in-aid post of PET. Pursuant to the order of this Court, respondent No.4 - District Educational Officer, YSR Kadapa District, Kadapa, by letter, dated 13.04.

2014, sought clarification from respondent No.5 school. Accordingly, vide letter, dated 20.05.2014, respondent No.5 school furnished remarks and requested respondent No.4 to absorb the services of the petitioner into grant-in-aid post of PET. While so, the Government issued G.O.Ms.No.41, School Education (PS) Department, dated 30.06.

ARR, J W.P.No.27986 of 2017 candidates as on 23.09.2002 as a onetime measure into the vacant aided teaching posts subject to fulfillment of conditions specified therein. As no action was taken by the respondent authorities, the petitioner has filed the present writ petition. Learned counsel for the petitioner says that respondent No.4 may be directed to consider the case of the petitioner and pass appropriate orders as per G.O.Ms.No.41, dated 30.06.2017. Heard learned Government Pleader, who opposed the writ petition stating that unless respondent No.5 submits fresh proposals in terms of G.O.Ms.No.41, dated 30.06.2017, action cannot be taken.

In view of the above, the writ petition is disposed of leaving it open to respondent No.5 to submit proposals to respondent No.4 in terms of G.O.Ms.No.41, dated 30.06.2017. As and when such proposals are received, respondent No.4 shall consider and pass appropriate orders in accordance with the said G.O..

Consequently, Miscellaneous Petitions, if any pending in this Writ Petition, shall stand disposed of. No order as to costs. __________________________ A. RAJASHEKER REDDY, J 6th SEPTEMBER, 2017.

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