Kornepoati Sharath Kumar v. Education (Ce) Department, Secretariat, Hyderabad.

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.16319 of 2003 ORDER:

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in not absorbing the petitioner as Lecturer in aided post in Physics Department in Hindu College, Guntur, basing on his earlier selection and the service rendered in the said college as illegal and arbitrary and consequently to direct the respondents to absorb the petitioner as Lecturer in Physics Department in aided post in Hindu College, Guntur district.

Heard Sri S. Rajeswara Reddy, counsel for the petitioner and the learned Government Pleader for Higher Education. It has been contended by the petitioner that initially he was appointed as part time Lecturer in physics department in Hindu college, Guntur vide proceedings dated 29.6.1999 and since then he has been continuously working. On 31.7.2002 one aided vacancy in physics department in Hindu College, Guntur, had arisen consequent upon retirement of one Sri P.V.G.Krishna Murthy. The grievance of the petitioner is that the respondents are not considering his case for absorption as Lecturer. Aggrieved by the same, the present writ petition is filed.

Learned counsel for the petitioner contended that during the pendency of this writ petition, the petitioner had submitted a

representation to the respondents on 20.12.2017 to absorb him in the aided vacancy.

Learned Government Pleader appearing for the respondents contended that the representation of the petitioner would be considered provided the 5th respondent-Management submits proposals for the absorption of the petitioner in the aided vacancy. Considering the submissions made by both the parties, this writ petition can be disposed of directing the 5th respondentManagement to submit proposals if the petitioner is continuously working from the date of his initial appointment.

Accordingly, the Writ Petition is disposed of directing the 5th respondent-Management to submit proposals to the official respondents for absorption of the petitioner in the aided vacancy, if the petitioner is continuously working from the date of his initial appointment, within a period of two weeks from the date of receipt of a copy of this order and, thereafter, the official respondents are directed to consider the case of the petitioner for absorption into aided vacancy in pursuance to the proposals submitted by the 5th respondent-management and pass appropriate orders, as per rules, within a period of four weeks thereafter. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 11/ 09/ 2018 lkv