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2023 Supreme(Telangana) 105

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
B. Ram Mohan – Petitioner
Versus
Secretary, School Education and Others – Respondents
W.P. No. 24093 of 2008
Decided On : 05-06-2023

Advocates:
Advocate Appeared:
For the Petitioner: N. Ashok Kumar .

Headnote:

Constitution of India, 1950 - Articles 14, 16, and 21 - A.P. Education Act, 1982 - Section 83 -- Order of dismissal - Reinstate with consequential benefits - Issue an order declaring proceedings of respondent No. 3 confirming order of dismissal passed by 5th respondent vide proceedings as arbitrary, illegal and violative of principles of natural justice and set aside same and consequently direct respondents to reinstate petitioner will all consequential benefits - Held, Court opines that both orders impugned present writ petition proceedings of respondent confirming order of dismissal passed by respondent vide proceedings reasoned orders do not indicate any precise reasons for passing such orders non recording of reasons hampers proper administration of justice need to be set aside applying principle laid down in judgments reported Cooperative Sugar Factories Federation - Writ petition is allowed.

ORDER :

1. Heard the learned counsel for the petitioner and the learned Government Pleader for School Education.

2. This writ petition is filed to issue an order or orders more particularly one in the nature of writ of Mandamus declaring the proceedings of respondent No. 3 vide Proceedings Rc.No. 7632/B3/06, dated 26.08.2008 confirming order of dismissal passed by the 5th respondent vide proceedings No. DES/01, dated 02.02.2008 as arbitrary, illegal and violative of principles of natural justice and violative of Articles 14, 16, and 21 of the Constitution of India and set aside the same and consequently direct the respondents to reinstate the petitioner will all consequential benefits.

3. The case of the Petitioner, in brief, is as follows:

    (a) Against the Notification issued by respondent no. 5, the Petitioner had applied for the post of SGT at St. Johns Upper Primary School (Aided) Kishanpur, Hanmakonda, Warangal District.

(b) At the time of submitting the application, the petitioner had appeared for B.Ed, held in the September, 2000. Having the requisite qualification, petitioner had been appointed on 09.10.2000 by the respondent as SGT (Maths) to take-up Maths classes in St. Johns UPS (Aided) Kishanpur, Hanmakonda, Warangal District.

(c) The Management of St. Johns Upper Primary School (Aided) Kishanpur, Hanmakonda, Warangal District had taken a decision to surrender all the aided Schools and shifted 4 SGT persons to different Aided Schools where the vacancies were required except for the one which the petitioner was continuing in.

(d) Vide letter dated 15.03.2001, the correspondent of St. Johns School, Hanmakonda requested respondent no. 1 to accept the 1 (one) left over Aided post of SGT.

(e) The Government vide Memo No. 3954/PS/1/2001-02 dated 29.06.2001 accepted the 1 (One) left over post of SGT and directed the District Educational Officer, Warangal (D.E.O. hereinafter) to allot the same to CSI, Soma Sundaram Memorial Primary School, Mulugu, Warangal District.

(f) Vide Proc.No. RC.No270/00 dated 03.07.2001, St. Johns school relieved the petitioner and the management of CSI, Soma Sundaram Memorial Primary School, Mulugu, Warangal District requested the D.E.O. to allot the petitioner to their school as there was a requirement by addressing a letter dated 29.09.2000.

(g) Under the directions of D.E.O. vide Proc.No. 11654/C3/95 dated 03.07.2001, the management ofDiocise, Karimnagar had taken the petitioner into their service.

(h) The Petitioner had worked in the CSI, Soma Sundaram Memorial Primary School, Mulugu until March, 2002 and the petitioner while working in the said school had made a representation to the Government to transfer the petitioner from CSI, Soma Sundaram Memorial Primary School, Mulugu CSI, Soma Sundaram Memorial Primary School, Aler, Nalgonda District, as both the schools were under the management of Diocise of Karimnagar.

(i) The request of the Petitioner had been accepted by Respondent no. 1 and accorded permission by transferring the petitioner from Mulugu to Aler vide Memo No. 4109/PS-1/2002-1, dated 15.03.2002. The petitioner, in accordance to the new order of the government, had been relieved from service on 30.04.2002 and joined the CSI, High School at Aler, Nalgonda District.

(j) Since the petitioner was a graduate in Maths with B.Ed, the petitioner had been promoted to the post as School Assistant vide Proc.No. 3/2003-04 dated 04.07.2003 of respondent no. 5 and the same had been intimated to respondent no. 5.

(k) The R.J.D, Hyderabad had approved the promotion of the petitioner w.e.f. 01.09.2004 and the same was intimated to D.E.O, Nalgonda vide Proc.No. 640/B3/2004 dated 07.09.2004.

(l) The Correspondent, CSI, Aler had not claimed the petitioner pay bill from the year Feb, 2006 and the petitioner had addressed a letter to respondent no. 5 requesting the respondent to pay the petitioner’s salary from Feb,2006 onwards.

(m) Vide Proc.No. 15/E/2005-06 dated 31.03.2006, the Correspondent, CSI High School, Aler h

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