B. Sulochana v. Commissioner and Director of intermediate Education, Hyderabad
2001-12-11
A.R.LAKSHMANAN, V.V.S.RAO
body2001
DigiLaw.ai
AR. LAKSHMANAN, C. J. ( 1 ) WE have perused the proceeding of the regional Joint Director of Intermediate education, Rajahmundry, the second respondent herein issued in R. C. No. 5754/a1/2000 dated 12-9-2001, which reads thus:"in pursuance of the instructions issued in the reference 2nd cited, smt. B. Sulochana, School Assistant, government Queen Mary s High school, Vizag who is under orders of appointment by transfer from the cadre of School Assistant to the post of Junior Lecturer in Civics in dr. V. S. K. Government Junior College (B), Vizag is hereby cancelled and posted to Government Junior College, waddadi, Vizag District in the existing vacancy, subject to the condition stipulated in the reference (1) cited. The Principal, Dr. VSK Govt. Junior college (B), Vizag is requested to relieve the incumbent with immediate effect. The Heads of Institutions, concerned are requested to submit the date of relief and joining to the undersigned immediately. " ( 2 ) IT is seen from the above order that the petitioner was working as School Assistant in the Government Queen Mary s High school, Vizag and on promotion she was posted to Dr. VSK Govt. Junior College (B), vizag as Junior Lecturer in Civics. The said order was cancelled by the second respondent herein by order dated 12-9-2001 and the petitioner was posted to government Junior College, Waddadi, in the existing vacancy subject to the conditions stipulated in the proceedings in rc. No. 5754/a1/a2/2000 dated 4-9-2001 of the second respondent. The Principal of dr. VSK Government Junior College (B), vizag was requested to relieve the petitioner with immediate effect. This order of the second respondent dated 12-9-2001 was challenged before the learned Tribunal. The tribunal, on consideration of the relevant materials dismissed the Original application. ( 3 ) G. O. MS. No. 36, Higher Education (IE. 2) Department, dated 24-5-2001 provides for posting of the newly promoted candidates only in newly constituted colleges. Therefore, realizing the mistake that in the old colleges only experienced teachers are to be posted and promotee candidates have to be posted in new colleges, the posting was altered and fresh proceedings were issued by the second respondent by his order dated 12-9-2001. This apart, it is the first posting of the petitioner after promotion to the post of junior Lecturer. Therefore, in our opinion, the earlier order of posting of the petitioner at Dr.
This apart, it is the first posting of the petitioner after promotion to the post of junior Lecturer. Therefore, in our opinion, the earlier order of posting of the petitioner at Dr. VSK Government Junior College was rightly cancelled in view of G. O. Ms. No. 36 dated 24-5-2001. It is also seen that as per g. O. Ms. No. 36, for all the Government junior Colleges sanctioned, Junior Lecturers would be recruited on a regular basis in relaxation of the ban orders on fresh recruitment and all the candidates would be posted only in the new colleges and they should work for a period of five years in the station where they are posted. In our opinion, the cancellation order dated 12-9-2001 has been rightly made in view of g. O. Ms. No. 36, dated 24-5-2001 issued by the Higher Education Department. The writ petition, therefore, fails and is dismissed.