Boddukuri Mary Elizabeth, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.34795 of 2018 ORDER:

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondent nos. 1 to 3 in not considering the representation of the petitioner for her absorption to the aided post of Librarian in the 4th respondent college as illegal and arbitrary and consequently to direct the respondents to consider the representation of the petitioner dated 31.3.2018 and to pass appropriate orders.

Heard Sri Koneti Raja Reddy, learned counsel for the petitioner and the learned Government Pleader for Education. It has been contended by the petitioner that she was appointed as Librarian on 3.1.2013 in an unaided post in the 4th respondent college consequent upon retirement of one I.Vekateswara Rao. The 4th respondent college had submitted proposals to respondent nos. 1 to 3 to absorb the petitioner in the aided vacancy. It has been further contended by the petitioner that she has submitted a representation on 31.3.2018 to absorb her in the aided vacancy but the respondents are not passing any orders on the said representation.

Learned counsel appearing for the petitioner had contended that the 4th respondent college had submitted proposals on 9.12.2014 to respondent nos.2 and 3 and that a direction may be issued to the respondents 1 to 3 to consider the representation of the petitioner for absorption into aided vacancy.

Learned Government Pleader appearing for the respondents had contended that proposals have been submitted by the 4th respondent college for absorption of the petitioner. He further contended that the petitioner was not appointed as per rules so as to claim absorption into aided vacancy.

Considering the submissions made by both the parties, this Court is of the view that if the petitioner is still working as Librarian, a direction may be issued to the 4th respondent college to submit fresh proposal to respondent nos. 1 to 3.

Accordingly, the Writ Petition is disposed of directing the 4th respondent college to submit fresh proposals to respondent nos. 1 to 3 for absorption of the petitioner within a period of two weeks from the date of receipt of a copy of this order, if the petitioner is still working as Librarian, and the respondent nos. 1 to 3 shall consider the said proposals and pass appropriate orders 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: 01/ 10/ 20188 lkv