✦ High Court of India · 10 Jan 2025

High Court · 2025

Case Details High Court of India · 10 Jan 2025
Court
High Court of India
Decided
10 Jan 2025
Bench
Not available
Length
1,023 words

Acts & Sections

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to declare the action of the the 2nd Respondent in not considering the application of petitioner dated 14-02-2024 for continuance of his services as Mrs (management lnformation systems) coordinator post in Mandar Resource center, at Jukkal and arso the proposar/crarification submitted by the 3rd Respondent by its Lr.No.sPL/A2rMrst2o24, dated 26-02-2024 as iilegar, arbitrary, unjustified, unconstitutionar and viorative of Articre 14,16 and 2.r of the constitution of India by issuing appropriate writ, order or direction more particularly in the nature of Mandamus and consequenfly direct the 2nd Respondent to consider the proposar Ietter by the 3rd Respondent dated 26r o2t2o24 for continuance of services of petitioner post as Mrs (Management rnformation systems) coordinator at Mandar Resource Center, Jukkal forthwith. IA NO:1 OF 2025 PetitionunderSection,t5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to declare the action of the direct the 2nd Respondent to consider the proposal letter by the 3rd Respondent dated 26-02-2024 for continuance of services of petitioner postaSMlS(ManagementlnformationSystems)CoordinatoratMandalResource Center, Jukkal forthwith. Counsel for the Petitioner: SRI K.RAMA SUBBA RAO Counsel forthe Respondent Nos.1 & 3: GP FOR SERVICES-I Counsel for the Respondent No.2: SMT. P.K.KALYANI, SC FOR RMSA The Court made the following: ORDER .-1 THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.787 OF 2025 ORDER: With the consent of both the parties, the Writ petition is disposed of at the stage of admission itself.

2. This Writ petition, under Articl e 226 of the Constitution of India, is filed seeking the following relief: "..-to declare the action of fhe 2"d respondent in uiot considering the application of petitioner, dated 74.02.2024 for continuance of his services as MIS (Management Information Systems) Coordinator post in Mandal Resource Cener, at Jukkal and also the proposal/clarification submitted by the f,.a respondent by its Lr. No.SPL/A2 / MIS 12024, dated, 26.02.2024, as arbitrary, illegal, unjustifred, unconstitutional and violative ofArticles 14, 16 and 2l oI the Constitution of India by issuing appropriate writ, order or direction more particularly in the nature of Mandamus and consequently direct the 2.d respondent to consider the proposal letter by the 3.d respondent dated 26.02.2024 for continuance of services of petitioner post as MIS (Management Information Systems) Coordinator at Mandal Resource Center, Jukkal forthwith..."

3. Heard Sri K.Rama Subba Rao, learned counsel for the petitioner and learned Government pleader for Services-I appearing for respondent Nos. I arrd 3 and Smt P.K.Kalyani, learned Stalding Counsel for RMSA, appeafing for respondent No.2. ., t 4, L,3arned counsel for the petitioner submitted that initially the petitioner was appointed as MIS Coordinator on 24.!l .2O 12 on contract basis at Mandal Resource Centre, Jukkal Mandal, by the Project Officer (FAC) RVM (SSA), Nizamabad, pursuant to Notification Rc.No.S184/ CCl20L2, dated 13'O8'2O12' After due process, the petitioner joined in service and continued till passed by

16.03.20 13. Thereafter, in pursuance of .orders this Court in W.P.No.38 159 of 2012, dated 19'12'2023' flled by one J.sleravan Kumar, the petitioner was terminated from service on 16.O3.2013 by respondent No'1' Thereafter' the said writ petition was dismissed for non-prosecution on

29.1,2.2023 and the issue as to whether the petitioner is entitled to ,:ontinue in the said post or not has not been decided by this Court in the said writ petition' Therefore' the petitioner has submitted a representation, dated 14.02.2024 to respondent No.3 seeking to continue his services as MIS Coordinator in Mandal Resource Center under Rajiv Vidya Mission (SSA)at Jukkal, Khammam District. In pursuance of said representation, respondent No.3 addressed a letter to respondent No.2 uid'e letter I t 3 No. Spl/A2 / MrS / 2024, dated. 26.02.2024, to clarify the issue with regard to continuation of the petitioner as MIS Coordinator at MRC Jukkat in the District to avoid further contempt proceedings. Thereafter, pursuant to the letter, dated 03.09.2024, addressed by respondent No.2, respondent No.3 addressed a Lr.No.Spl/A2 /MIS/2024, dated 09.09 .2024 to respondent No.2 stating that the post of MIS Coordinator at MRC Jukkal is vacart since 2013. Therefore, the petitioner seeks indulgence of this Court to pass appropriate orders on the letter addressed by respondent No.3 to respondent No.2, within the stipulated time. letter

5. Learned Standing Counsel appearing for respondent No.2 submitted that since the issue is pending with respondent Nos.2 and 3, respondent No.2 and 3 will pass appropriate orders, in accordance with.

6. Having regard to the submissions made by learned counsel for respective parties, without going into the merits of the case, the Writ petition is disposed of directing respondent Nos.2 and 3 to take appropriate decision on letters, dated 26.02.2024 and Og.Og.2O24, addressed by ,/ I , 4 { respondent No.3 with regard to appointment of the law, as exPeditior'rslY as petitioner, in accordance with possible, preferably within a period of four (4) weeks from the date of rt:ceipt of a copy of this order' There shail be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed I/TRUE COPY// . ^33['i^'$rotBfiilJ ,':f SEOTTON OFFICER To Telangana. 1 . prin"ipr! Secretary, Education Department, Secretariat' Hyderabad' state of L^^r r:n. '^e+i.rn ueoartment, Ex offiCiO, state Proiect 'i1.ft :ls:'6;119"9"5;p,tp,igir.lffi :s"Ds,rc,,presen,v " The District Educatto ipHH3I,"|.B5'+BAKRVI"%I1"-f 3:1"ii:l?IJ8lteorreangana,at . t'"t"$tS tl?rutJ *'*t"oNr' sc FoR RMSA [oPUCl 7. Two CD Copies PSK. "' lg:- HIGH COURT DATED:1010112025 ORDER WP.No.787 ot 2025 CC TODAY I E Or: t o '/ o t) t 1s6 \[.\ t t , c A? 1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ \

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