Andhra Pradesh High Court - Amravati
Velpula Mohan Raju vs State Of Andhra Pradesh on 19 August, 2020
Author: G. Shyam Prasad
Bench: G. Shyam Prasad
THE HON'BLE SRI JUSTICE G. SHYAM PRASAD
Writ Petition No.14403 of 2020
ORDER:
This is a Writ of Mandamus filed under Article 226 of the Constitution of India seeking for a direction to the respondents to regularize the services of the petitioner with the 2nd respondent/ Institution.
2) Heard the arguments of learned counsel for the petitioner and learned standing counsel for the Respondents 1 to 4.
3) The petitioner was appointed as Resource Teacher (Hearing Impair) and posted to work at Bhattiprolu vide proceedings in Rc.No. 2252/A1/CMO/SSA/H-D/2000 dt. 15.04.2008. The Mandal Educational Officer, Vemuru directed the petitioner not to attend the duties from 03.06.2015 and conducted an enquiry against him and a report was submitted on 20.07.2015. Though, the petitioner was found not guilty, he was not allowed to continue to attend his duties. Therefore the petitioner has filed a Writ Petition No. 33396 of 2015 and also filed W.P.M.P.No.43076 of 2015 seeking a directing to the respondents to pass orders to allow the petitioner to attend his duties. An interim orders was passed by this court on 13.10.2015 directing the respondents to continue the petitioner until further orders. Even then, the respondents did not allow the petitioner to attend his duties, due to political influence. Therefore the petitioner has filed C.C.No.206 of 2016 for violation of the orders of this court.
2
4) On recording the submissions of the contemnors, this court has closed the Contempt Case vide orders dt. 23.03.2016. Thereafter the petitioner was posted to work on 29.03.2016.
5) Thereafter, the Teachers Association has filed W.P.No.6705 of 2019 challenging the G.O.Ms.No.24 dt. 15.02.2019 framing Rules called "The Teacher Eligibility Test cum Teacher Recruitment Test (TET cum TRT) for the posts of School Assistants (Special Education) under Inclusive Education for Disabled at Secondary Stage (IEDSS) under the Andhra Pradesh Samagra Shiksha Abhiyan (SMSA) Scheme of Selection Rules, 2019 and the Writ Petition was allowed, directing the State Government to frame the scheme to regularize the resource teachers who have put up in more than 10 years of service. Thereafter the respondents have short listed the candidates, who have completed a continuous period of 10 years in service for regularization. The respondents have not considered the name of the petitioner for regularization of his service and therefore he submitted a representation dt. 24.07.2020 to consider his request.
6) On consideration of the submissions of both the counsel, the respondents are hereby directed to consider the representation of the petitioner dt. 24.07.2020 with regard to candidature of the petitioner and pass appropriate orders in accordance with law within (06) six weeks from the date of receipt of copy of this order.
7) With the above direction, the writ petition is disposed of accordingly at the stage of admission with the consent of both the counsel. There shall be no order as to costs.
3
Consequently, miscellaneous petitions pending, if any in the writ petition, shall also stand closed.
______________________________ JUSTICE G. SHYAM PRASAD Date: 19.08.2020 KK THE HON'BLE SRI JUSTICE G. SHYAM PRASAD 4 Writ Petition No.14403 of 2020 Date: 19.08.2020 KK