The Govt. Of A.P., Education Dept., Hyderabad, And 4 Otrs. v. K. Sujatha, Medak Dist., And 2 Otrs.

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION Nos.11557, 6819,10653,10680,11582, 10280, 10284, 10320 and 20905 of 2011;

WRIT PETITION Nos.24131 and 30426 of 2012 COMMON ORDER:

All these writ petitions are being disposed of by way of common order, as the issues raised in all these writ petitions are one and the same.

2.

Heard, Government Pleader for Services-I for the petitioners and Sri C.Rajasheker Reddy, learned counsel for the respondents. For the conveniences the facts in Writ Petition No.11557 of 2011 are herein discussed.

3.

It is been contended by the petitioners that the respondents have responded to the DSC-2002 notification and in all 35,960 vacancies were notified in DSC-2002, but respondents could not come up within the zone of consideration for appointment of Hindi Pandit Grade-II, subsequently the respondents have been making representations that the persons who have secured less marks were given appointment

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orders ignoring the cases of the respondents. When the case of the respondents could not be considered for appointment of Hindi Pandit Grade-II, the respondents has filed OA No.2484 of 2010 before the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal'), while the Tribunal vide order dated 06.09.2010 was pleased to disposed of the OA No.2484 of 2010 by following the orders passed in OA No.1462 of 2008 and batch, directed that the respondents are entitled for seniority in order of merits on par with the candidates who were appointed way back in 2002 in pursuant to DSC-2002 notification.

4.

The counsel for the petitioner contended that the Tribunal erred in giving such a direction because the respondents were not given appointment orders, and when no appointment orders are given in favour of respondents the question of granting notional seniority in favour of respondents could not arise. Therefore appropriate orders be passed in these writ petitions by setting aside the orders passed in by the Tribunal in OA No.2484 of 2010, dated 06.09.2010 and allow the writ petitions.

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5.

The counsel appearing for the respondents had contended that all the respondents are coming within the zone of consideration for being considered for appointment for the post of Hindi Pandit Grade-II and the respondents had submitted a detailed representation to the appointment Authority i.e., District Educational Officer of the respective District and the District Educational Officer, vide proceedings vide Lr.No.2388/B3/2007, dated 22.07.2008 has recommended the cases of respondents for appointment of Hindi Pandit Grade-II.

6.

The counsel for the respondents further contended that the respondents have been making representations to the Appointing Authority i.e., various District Education Officer of their respective Districts and the District Educational Officer has recommended the case of respondents to the State Government and the matter is still pending before the State Government and learned counsel for the respondent further contended that let the writ petition be disposed of directing the respondents to submit afresh detailed representation through District Educational Officer, so as to enable the State Government to take an appropriate decision and pass appropriate orders in accordance with law.

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7.

The Government Pleader appearing for the petitioners has also not disputed about the fact that the District Educational Officers have recommended the case of respondents for consideration of their cases to State Government and since District Educational Officer recommendations are pending with the State Government appropriate orders be passed in the Writ Petitions directing the State Government to take a decision on the recommendation made by the District Educational Officers of the respective districts. 8.

This Court having considered the rival submission made by both the parties is of the considered view that all these writ petitions be disposed of directing the respondents to submit afresh representation staking their claim for appointment of the post of Hindi Pandit Grade-II within two (2) weeks from the date of receipt of copy of this order to the respective District Educational Officer of each District and on such representation received by the District Education Officer, the District Educational Officer of the respective District shall forward their representations by duly examining whether the respondents are coming within the zone of consideration for the post of Hindi Pandit Grade-II and there afterwards the District Educational officers shall

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submit a proposal to the State Government in another three (3) months and the State Government shall consider the recommendation if so any made by the District Educational Officer of the respective District and pass appropriate orders in another three (3) months there afterwards, in accordance with law.

9.

Accordingly, all the Writ Petitions are disposed of with the above directions. Miscellaneous interlocutory applications, pending if any, also stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J _________________________ N.V.SHRAVAN KUMAR,J Date: 13-07-2022 SHA