J RAMCHANDRAIAH Vs. STATE OF TELANGANA
HIGH COURT OF ANDHRA PRADESH
State of Telangana
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Thottathil B. Radhakrishnan, J. -
(1.)We have heard the learned counsel for the appellant and the learned Government Pleader for the Department of Education.
(2.)This Writ Appeal is filed against the order by which the learned Single Judge dismissed the Writ Petition whereby the writ appellant challenged the cancellation of an earlier order issued permitting him to avail the facility of undergoing B. Ed Course, receiving full pay and allowances.
(3.)There was no opportunity for the Government to contest the matter inasmuch as no counter-affidavit was filed though one of the critical issues that arise for consideration was as to whether the respondents were justified in cancelling the permission already granted, without giving the writ appellant an opportunity of pre-decisional hearing on the question of cancellation. The second issue that may arise for decision as between the parties is as to whether the appellant, who is a Language Pandit, as per the applicable rules, is entitled to claim the benefit of an in-service allotment of undergoing B. Ed Course in Social Studies with full pay and allowances unless acquisition of such qualification is one that would be required for him to move up the ladder in the establishment in terms of the applicable recruitment rules. In the fitness of things, we are of the view that it is appropriate that the competent authority, among the respondents, hears the writ appellant and takes a decision on the matter to pave way. For this, the impugned order needs to be vacated, without expressing either way on the correctness of its contents.
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