Sri. A. Babu Rao v. Prema Samjama Aided High School,Vskptnm. And 3 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 21863 of 2008 O R D E R:- This writ petition is filed seeking to issue a writ of Mandamus declaring action of the respondents in not considering the case of the petitioner for regularization as Record Assistant in the 1st respondent - High School in spite of his repeated requests and the representation dated 16.08.2008 as last resort, as illegal and arbitrary. A consequential direction is sought to direct the respondents to consider his case for regularization.

Heard Sri K.R.Srinivas, learned counsel for the petitioner and the learned Government Pleader for Education appearing on behalf of respondent Nos.2 to 4 and perused the material placed on record.

The brief facts of the case are that the petitioner was initially appointed as Record Assistant in the 1st respondent - High School on 01.12.1998, and since then, he has been working without any complaints. The petitioner has made several representations to the respondents, the latest being dated 16.08.2018, requesting to regularize his services, but so far no action has been taken.

When the matter is taken up for hearing, the learned Government Pleader has submitted a copy of the proceedings

AKS,J WP_21863_2008 Rc.No.441/ DYEOVSP/ 2017, issued in December, 2017, by the Deputy Educational Officer, Visakhapatnam, which are placed on record, whereby in 5th column of serial number 7, the Deputy Educational Officer has requested the Correspondent of the 1st respondent - School to submit particulars along with documentary evidence in respect of the petitioner for taking appropriate action for regularization of services. This Court, having considered the rival contentions of both the parties, is of the opinion that the 1st respondent shall submit remarks in pursuance of the proceedings issued by the Deputy Educational Officer, within a period of four weeks, and on receipt of such remarks, respondent Nos.2 to 4 shall consider the case of the petitioner for regularizing his services within a period of eight weeks thereafter.

With the above observations, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________________ ABHINAND KUMAR SHAVILI, J 24-08-2018 bcj