B.Karna v. The State Project Officer, Sarva Siksha Abhiyan (Ssa),

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO C.C.No.2471, 2472 of 2016, W.P.Nos.26842, 26846 of 2016 & 24759 of 2011 COMMON ORDER The contempt cases and the writ petitions are being disposed of by this common order as the contempt cases arises out of the interim orders passed in the writ petitions. After passing the interim orders, separate vacate stay petitions were filed in the writ petitions. Hence all the matters were taken up for together for consideration. W.P.Nos.26842 & 26846 of 2016 were filed challenging the proceedings dated 20.07.2016 issued by the 2nd respondent in terminating the services of the petitioners as Attenders in the 3rd respondent-Vidyalayam.

W.P.No.24759 of 2011 was filed challenging the proceedings dated 27.8.2011 issued by the 3rd respondent in terminating the services of the petitioner as Accountant in the 3rd respondent-Vidyalayam.

This Court by orders dated 10.8.2016 & 5.9.2011 granted interim suspension of the said proceedings and seeking vacation of the same, WVMP Nos.3292 & 3331 of 2016 were filed in W.P.Nos.26842 & 26846 of 2016 respectively.

Today, when the matters are taken up for consideration, learned counsel appearing for the petitioners as well as learned counsel appearing for the 4th respondent submits that the writ petitions are covered by an earlier order of this Court in W.P.No.854 of 2016 and batch, and the said batch of cases were disposed of on 12.9.2016 by observing as under: "It is clear from the above facts that the petitioners have been continuing for the last 10 years and though they were not connected with the incident that took place in the 6th respondent Vidyalayam, their services were terminated in order to replace them by the female candidates with effect from 1.11.2015.

In view of the averments made in the counteraffidavits, these four writ petitions are disposed of giving liberty to the petitioners to submit representations to the 2nd respondent to consider their cases for accommodating them in any of the boy's residential hostels depending on the requirement of the services. The petitioners are given two weeks time from the date of disposal of the writ petitions to submit such representations and the 2nd respondent shall consider the same within three months thereafter. No order as to costs."

In view of the same, the writ petitions and the contempt cases are disposed of with the consent of learned counsel appearing for the parties. The petitioners are at liberty to submit a representation to the 2nd respondent within two weeks

from the date of receipt of copy of this order and the 2nd respondent is directed to consider the same and pass appropriate orders within three months thereafter. Since the petitioners were stated to be continuing in service as on the date of passing of the interim orders, they shall be allowed to continue in service till appropriate orders are passed by the 2nd respondent. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

___________________________________ JUSTICE A.RAMALINGESWARA RAO 13th April, 2017 rkk