APHC010475102006 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. WRIT PETITION NO: 9648/2006 Between: K.chahussain, Cuddapah District. The Dist Educational Officer Cuddapah 3 Others and Others Counsel for the Petitioner: 1. A V KONDAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following (Per Hon’ble Sri Justice B.Krishna Mohan) Heard the learned counsel for the petitioner and the learned Government Pleader for Services 2. This writ petition was filed questioning the order passed by the erstwhile Tribunal in O.A.No.4789 of 2003 dated 24.03.2006. after considering the matter on merits, dismissed the same observing that IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 9648/2006 K.chahussain, Cuddapah District. ...PETITIONER AND The Dist Educational Officer Cuddapah 3 Others and ...RESPONDENT(S) Counsel for the Petitioner: Respondent(S): GP FOR SERVICES III The Court made the following Order: (Per Hon’ble Sri Justice B.Krishna Mohan) Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II for the respondents. This writ petition was filed questioning the order passed by the erstwhile Tribunal in O.A.No.4789 of 2003 dated 24.03.2006. after considering the matter on merits, dismissed the same observing that IN THE HIGH COURT OF ANDHRA PRADESH [3527] SEVENTH DAY OF MAY THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN HARI HARANADHA SARMA ...PETITIONER ...RESPONDENT(S) Heard the learned counsel for the petitioner and the learned This writ petition was filed questioning the order passed by the erstwhile Tribunal in O.A.No.4789 of 2003 dated 24.03.2006. The Tribunal after considering the matter on merits, dismissed the same observing that 2 the petitioner/ applicant therein was originally appointed as School Assistant Grade-II on 20.07.1974 and he was appointed to work as Supervisor in the non-formal education wing. The original post of the petitioner/ applicant therein was School Assistant Grade-II. Therefore, it is not open to applicant to refuse to go back and work in his original post as School Assistant. The refusal by the applicant to go back and join in the original post was found fault by the Tribunal. It further observed that there was no cause of action for the applicant to file this O.A. Hence, the relief sought by the applicant was negatived and the O.A. was ultimately dismissed. Questioning the same, this writ petition was filed, in which, the respondents filed counter affidavit also stating that the petitioner stayed away from duties willfully and deliberately since 1987. It was noted by the department that for the last 13 years he was absconding from duties and as such he was removed from service by following the due procedure as per Rule 9(VIII) of post IV of APCS (CC&A) Rules and the same was communicated in G.O.Ms.No.490 GAD (Ser C) Department dated 08.08.1991 and as per Rule 17 of APCS (Conduct) Rules 1964 with retrospective effect from 01.04.1987. They also further issued the proceedings dated 04.04.2001 stating that no further communication would be entertained with regard to the posting orders of the petitioner as he was already removed from service and he is not entitled to claim any financial benefits from the public funds. 3. In view of the same, no cause survives in this writ petition and it does not find any merit to show any indulgence at this stage by this court. 3 4. Accordingly, this writ petition is dismissed. No order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B.KRISHNA MOHAN __________________________________ JUSTICE A.HARI HARANADHA SARMA 07.05.2025 NNN