THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.8884 of 2005

ORDER:

This writ petition is filed to declare that the action of

1^st respondent in rejecting the approval of petitioner’s appointment and absorption into Aided post, is arbitrary, unreasonable and accordingly set aside the orders of the 1^st respondent in Memo No.11154/P.S.1/2004-1, dated 27.01.2005 in so far as the case of petitioner is concerned. Consequently, direct the respondents to consider the case of petitioner by granting approval of her appointment and absorption into the Aided post on par with the teachers working under the same management as per order made in Government Memo No.22213/PS-1/2000-1, dated 25.09.2002, w.e.f. her date of absorption i.e. 01.05.2000 may be considered for payment of all the consequential benefits

2. Heard Sri N. Srinivas, learned counsel appearing for the petitioner and learned Government Pleader for Services-I appearing for the respondents.

3. Learned counsel for the petitioner submits as follows:-

The petitioner passed Teachers Training Certificate Course in the year 1989. Subsequently, she also passed professional advancement test for Special Teachers in the year 1990 and further Professional Advancement for SGBT in the year 1991. As such, she is eligible for appointment of Secondary Grade Teacher. She has been working as a Secondary Grade Teacher in the Jyothi Bala Mandir High School, Viveknagar, Hyderabad, since 01.07.1971 to till date. She has completed more than 32 years continuous service in the said School.

4. As the petitioner had all the requisite qualifications, the management of the said school, submitted a representation to consider her case for appointing her in aided post. Keeping in view of her long service as SGBT Teacher, the Director of School Education addressed a letter to the Government in the month of March 1991 to appoint her in the grant-in-aid post. In the said letter the Director has categorically stated that she is having a long service, exemption may be granted to hold the post of SGBT. But, the Government did not pass any orders.

5. The Deputy Secretary of the Government as per his proceedings in Memo No.1274/PS.1/91-6, dated 31.01.1994 addressed to the Director of School Education stating that the petitioner need not possess requisite qualification to hold the post of SGBT and directed to take further action for granting of scale. Apart from that, the District Educational Officer also passed orders on 24.08.1999 directing the Principal, DIET, to permit the petitioner to join in the training. As per the approval obtained by the management from the concerned officers, the petitioner was appointed in the aided vacancy w.e.f. 01.05.2000 and since then she has been working in the aided post.

6. With regard to the regularization of appointments of Un-aided posts, the Government already issued orders vide G.O.Ms.No.1, dated 01.01.1994 in which certain rules were framed seeking approval of the posts. The Rule 12 (8) contemplates that all the appointments made to the teaching or non teaching by Aided or Un-aided Institutions shall be subject to the approval of the Competent Authority. These Rules will be applicable to the persons who were appointed subsequent to the issuance of the G.O.Ms.No.1, dated 01.01.1994. But in so far as the Teachers who were appointed prior to the G.O.Ms.No.1, the procedure is to follow the instructions in G.O.Ms.No.524, dated 20.12.1988. Since petitioner’s appointment was prior to G.O.Ms.No.524 and the rules in G.O.Ms.No.1, the rules made under both the G.Os., are not applicable to her. 7. Since the petitioner got requisite qualifications, the District Educational Officer and the 3rd respondent herein used to Counter Sign in the seniority list prepared by the Deputy Educational Officer. Apart from that, the petitioner was directed to attend spot valuation of the classes VII and X. Moreover, the staff of the 3rd respondent visited the school on several occasions and they