APHC010357792003 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3506]

(Special Original Jurisdiction)

THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15879/2003 Between:

1.T.S.S.A.V.S.R.SWAMY NAIDU, S/O. T.VEDANARAYANA RAO R/O.

PANDARIPURAM, GUNTUR, GUNTUR DISTRICT.

...PETITIONER AND

1.GOVERNMENT OF A P ITS PRINCIPAL SECRETARY, REP. BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD.

2.THE COMMISSIONER AND DIRECTOR OF INTERMEDATE EDUCATION, ANDHRA PRADESH, HYDERABAD.

3.B H H G JUNIOR COLLEGE, REP. BY ITS SECRETARY AND CORRESPONDENT, GUNTUR.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in L.Dis.No.187/JC5-3/991, dt.19.1.2002 issued by the Second respondent and the subsequent order of the first respondent issued in Memo. No.8652/IE-II/200-0, dt.6.5.2003 as arbitrary, illegal, improper, unjust and violative of the principles of natural justice and further declare that the petitioner is eligible and entitled for the post of Typist in the third respondent Junior College, since he was selected and appointed after due process of selection and appointed after due process of selection by the Selection Committee and consequently direct the respondents to approve the appointment of the petitioner with all consequential benefits and pass IA NO: 1 OF 2003(WPMP 19680 OF 2003 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith pay the petitioner arrears of pay from 18-1-

1999 till now, pending disposal of the above Writ Petition and pass IA NO: 2 OF 2003(WPMP 19681 OF 2003 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the third respondent to continue the petitioner in service as Typist in the College, pending disposal of the above Writ Petition Counsel for the Petitioner:

1.P V VIDYASAGAR Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION

2.P R PRASAD

3.P SRIDHAR REDDY The Court made the following:

THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15879 of 2003

ORDER:

The present writ petition is filed, seeking the following relief:-

“….to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in L.Dis.No.187/JC5-3/99-1, dated 19.01.2000 issued by the second respondent and the subsequent order of the first respondent issued in Memo. No.8652/IE-II/200-8, dated 06.05.2003 as arbitrary, illegal, improper, unjust and violative of the principles of natural justice and further declare that the petitioner is eligible and entitled for the post of Typist in the third respondent Junior College, since he was selected and appointed after due process of selection and appointed after due process of selection by the Selection Committee and consequently direct the respondents to approve the appointment of the petitioner with all consequential benefits and pass….”

2. The petitioner initially was appointed on ad-hoc basis as a Typist in the 3^rd respondent/College. The 3^rd respondent is a recognized Aided Junior College. As a regular vacancy arose, on account of the existing Typist being promoted as a Junior Assistant, the 3^rd respondent/Institution sought for prior approval of 2^nd respondent for filling up of the said post, on regular basis. The 2^nd respondent by Proceedings, dated 05.01.1998 accorded such permission, for filling up of the vacancy. By following the rules and procedure in vogue, the 3^rd respondent issued Notification, dated 14.08.1998, by publishing both i