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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
G. Rajini – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Writ Petition is filed aggrieved by the action of the respondents in not considering the petitioners’ case for absorption in their respective aided vacancies, as per the proposal of the 5th respondent school, as was done in cases of all other similarly placed persons in the 5th respondent school and other schools.
2. The brief facts of the case are as follows:-
(a) The petitioners were appointed as Secondary Grade Teacher in the 5th respondent-School. As there exists clear aided vacancies as shown in the proposal of the 5th respondent, the petitioners’ proposals were sent by the 5th respondent. As per G.O.Ms.No.60, Education (PE) Department, dated 28.01.1986, the School (private aided) Management was given powers to appoint teachers. G.O.Ms.No.524, Education (PE) Department, dated 20.12.1998, was issued by the Government for recruitment of teachers in private aided schools. While the said G.O. was in operation, the petitioners were appointed as Secondary Grade Teachers in various subjects, after selection by the Management, after conducting a teaching test, after satisfying with the petitioners’ performance, as they possessed requisite qualifications.
(b) While so, the
Teachers appointed in unaided posts are entitled to consideration for absorption into aided vacancies if their appointments were valid and similar cases were absorbed.
Absorption into aided posts requires adherence to established rules and qualifications; long service alone cannot justify irregular appointments.
The principle of parity mandates that similarly situated individuals must be treated equally in matters of service absorption and benefits.
Absorption into grant-in-aid posts requires adherence to legal procedures and prior approval, which were not followed in the petitioners' initial appointments.
The court emphasized the importance of valid reasons for absence from duties and the necessity of available vacant posts for absorption.
The principle of equal pay for equal work applies where employees perform similar duties regardless of their appointment method; individual assessments are required for regularization claims.
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