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Andhra High Court · body

2000 DIGILAW 774 (AP)

B. v. B. SUBBARAO VS A. V. V. High School, Baptla, rep. by its Correspondent

2000-10-13

GHULAM MOHAMMED

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GHULAM MOHAMMED, J. ( 1 ) THE petitioner herein initially joined as secondary Grade Teacher in the first respondent - A. V. V. Upper Primary School, bapatla, Guntur District on 12-9-1978. Thereafter the petitioner was promoted to the post of in-charge Head Master of the first respondent school in the year 1981. Subsequently, the school was upgraded into high School and the petitioner was promoted to the post of the Head Master of the school. The petitioner on attaining the age of superannuation retired in the month of April 2000. ( 2 ) UNDER Rule 147 of the Integrated A. P. Educational Rules, Service Register shall be kept in the custody of the Correspondent of the school. Accordingly, the Service register of the petitioner was kept in the custody of the first respondent-school and one A. Gopaiah, Junior Assistant in the first respondent school was entrusted with the task of maintaining and preserving the Service Registers. ( 3 ) THE petitioner, however, was informed by proceedings of the 1st respondent school dated 12-4-1992, that the service Register of the petitioner, kept under the personal custody of A. Gopaiah, junior Assistant, was found missing and it was lost beyond recovery amounting to dereliction of duty on the part of the Junior assistant of the school and that the management also filed a police complaint on 10-4-1999 with the Station House Officer, town Police Station, Bapatla, a copy of the same was forwarded to the District educational Officer, Guntur, 2nd respondent herein, who ordered enquiry against the missing of the Service Register of the petitioner. It is stated by the petitioner that no enquiry has been conducted. In the meanwhile the petitioner retired from service on attaining the age of superannuation in the month of April 2000. Thereafter he requested the management to prepare duplicate Service Register by reconstituting the same. It is stated by the petitioner that no action was taken and it appears that the petitioner was prevented from drawing the pension. Therefore, the petitioner filed the present writ petition seeking Writ of Mandamus directing the respondents to trace out the missing Service register or to reconstitute the Service register so as to enable him to claim pension. ( 4 ) I have heard the learned counsel for the petitioner, learned counsel for the 1st respondent and the learned Government Pleader for School Education. ( 4 ) I have heard the learned counsel for the petitioner, learned counsel for the 1st respondent and the learned Government Pleader for School Education. ( 5 ) SINCE the petitioner retired from service on April 2000, and he is not being paid even the anticipatory pension for his survival so far because of the inaction on the part of the respondents in not preparing the duplicate Service Register after it was found missing from the custody of the first respondent school, who in fact shall keep the Service Register in his custody as per rule 147 of the Integrated Andhra Pradesh educational Rules, I am inclined to dispose of the writ petition directing the first respondent Management to prepare a duplicate Service Register with the help of the District Educational Officer-2nd respondent herein and reconstitute the same within a period of 8 weeks from today. ( 6 ) WITH the above direction, the writ petition is disposed of. No costs.