HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.9601 of 2025

ORDER:

The present writ petition has been filed under Article

226 of the Constitution of India by the petitioner seeking the issuance of a writ of mandamus to direct the respondents to permit him to resume his duties as a Secondary Grade Teacher in Warangal District, Telangana. The petitioner contends that the respondents' refusal to allow him to join duty after a prolonged absence due to health issues is illegal and arbitrary.

2. Heard Sri Rama Rao Kilaru, learned counsel appearing for the petitioner and learned Government Pleader for Services-I appearing for the respondents and perused the entire material available on record.

3. Learned counsel for the petitioner submits that the petitioner was appointed as a Secondary Grade Teacher at Government High School, Girmajipet, Warangal District, by proceedings dated 01.06.1995. He joined the said post, and his probation was declared, and services were regularized by proceedings dated 15.06.1997. While the matter stood thus, petitioner wanted to improve his academic qualifications. Accordingly, he applied for study leave and joined in REC, Calicut, for pursuing M.C.A Course. The said course is of 3 years. The petitioner could not complete the course within prescribed time. However, he completed the course in the year 2001. It is submitted that the petitioner in between joined the service in June 1998. He worked for some time and again he went to complete further course. In between again he returned and joined as Secondary Grade Teacher in G.H.S., Girmajipet in March 1999. While, the matter stood thus, petitioner suffered ill health of severe back pain and cervical problems, he underwent cervical diskectomy surgery in the year 2004. Following the surgery, the petitioner was advised to take rest, as he is unable to move from his bed after the surgery. In between due to continuous bed rest, petitioner also suffered other health issues. Thereby, he could not move from his bed. Petitioner was on continued bed rest for quite long time.

4. Learned counsel for the petitioner further submits that, after petitioner became fit to resume back, after obtaining fitness certificate from the concerned doctor the petitioner submitted representations to the District Educational Officer and Director of School Education on 06.05.2017 and 03.08.2017, requesting permission to resume duty, enclosing a fitness certificate. However, the respondents did not act upon the same and no orders have been passed on the said representations, either permitting the petitioner to resume his duties or rejected his case. The petitioner submits that, respondents have not initiated any disciplinary proceedings against the petitioner. The period from 2010 to 2017 was not treated as unauthorized absence. Therefore, the respondents ought to have considered the representations of the petitioner and permitted him to join the duties as SGT. It is further submitted that the petitioner made another representation on 12.02.2025, which also went unaddressed. Aggrieved by the inaction of the respondents, the petitioner filed the present writ petition.

5. At this juncture, learned Government Pleader for Services-I appearing for the respondents submitted that the petitioner neither resumed his duties after absconding nor sought leave from the competent authority. His prolonged absence appears to be based on personal discretion rather than official approval. After a lapse of 28 years, he approached the authorities requesting permission to resume his duties. This delay indicates gross negligence, indiscipline, and a lack of commitment to his professional responsibilities. Furthermore, the petitioner failed to approach the appropriate authorities authorized to grant leave on valid grounds.

6. Having considered the submissions made by the learned counsel for both the parties and without going into merits of the case, the respondent authorities are directed to consi