High Court for State of TelanganaWP/12386/2005disposed of no costs

J.Kusuma Kumari, v. The District Collector And Chairman,

2015-09-28Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.12386 OF 2005 DATED 28th SEPTEMBER, 2015 Between:

J. Kusuma Kumari .. Petitioner and The District Collector and Chairman, District Society of APSWREI Society, Prakasam District at Ongone .. Respondent

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12386 OF 2005

O R D E R

This writ petition was filed assailing the proceedings dated 30.05.2005 passed by the District Collector and Chairman of District Society of APSWREIS, Prakasam District, Ongole, whereby the teaching and non-teaching staff of Long Term Bridge Course Schools in the State were sought to be terminated as such schools were proposed to be converted into regular schools and regular employees were to be posted. The petitioner was an Attender in A.P. Social Welfare Long Term Bridge Course Residential School for Girls at Rayavaram in Markapuram, Prakasam District.

By order dated 21.06.2005, this Court directed the respondent to continue the petitioner pending further orders or till the regular staff was posted in his place. The said order was made absolute on 14.09.2007. The petitioner is now aged 52 years going by the age mentioned in the cause title. Sri K.Rama Mohan, learned counsel for the petitioner, stated that pursuant to the interim order granted by this Court, the petitioner is still being continued in service. The District Collector, Prakasam District, Ongole, filed a counteraffidavit stating that the petitioner was a contract employee and was therefore not entitled to claim regularization of her services. As the petitioner's appointment was purely temporary, the District Collector justified the move to terminate her services along with others similarly situated. However, the counter is silent as to why no regular staff was posted at the school till date.

In that view of the matter, considering the petitioner's advanced age, the writ petition is disposed of with a direction to the respondent to continue the petitioner in service till a regular appointment is made to the post occupied by her in the school in accordance with rules. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 28th SEPTEMBER, 2015 PGS