B.Subhashan Reddy, J. - (1.)This writ appeal raises an important point for consideration with regard to maintainability of an appeal directly before the Government under Section 89 of the Andhra Pradesh Education Act, 1982 (for short "the Act") against an order passed by an officer or authority, other than the Director.
(2.)The lis arose inter se two lady lecturers, the writ petitioner-appellant herein and the 3rd respondent, with regard to their continuance of service in the College of the 2nd respondent. The appellant was appointed as Junior Lecturer, while the 3rd respondent was appointed as a lecturer, it is stated that there was no post of Junior Lecturer and as such , the appellant was later on treated as a Lecturer. The 3rd respondent was apointed as a lecturer temporarily during the leave period of one Mr. P. Sudarshan. Since the said Sudarshan returned and resumed the post, the services of the 3rd respondent were terminated by order dated 30-9-1983. The writ petitioner- appellant was appointed in the post held by Mr. E. Ganga Reddy, who firstly went on deputation and later resigned. But, nevertheless, her appointment was also temporary. Permanent appointments were to be made keeping in view the vacancy position and after complying with the procedure contemplated under the relevant law governing the said permanent recruitment.
(3.)As against her termination orders, the 3rd respondent filed an appeal before the Director of Higher Education. But, that appeal was transferred by him to the Regional Joint Director of Higher Education, Warangal. The Regional Joint Director of Higher Education, Warangal, directed the 2nd respondent-college to advertise calling for applications to fill up the vacancy created by the resignation of E. Ganga Reddy on regular basis. The appellant, feeling that she was regular incumbent inasmuch as she was appointed to the post held by E. Ganga Reddy, that because of his resignation, there was a regular vacancy; and that she was to be deemed to be a regularly appointed candidate, has filed an appeal before the Director of Higher Education who was the authority to deal with the matter under Section 89(a) of the Act. But the said Director has referred the matter to the government on the ground, that as he has already transferred the appeal filed by the respondent No.3 to the Regional Joint Director of Higher Education, Warangal and that the said Regional Joint Director has passed the ordes in the said appeal. After such a reference by the Director of Higher Education, the 1st respondent has passed the orders contained in G.O.Rt.No. 1626, dated 2-12-1987 even going a step further, by directing the appointment of the 3rd respondent in the regular vacancy caused by the resignation of Mr. E. Ganga Reddy. It is this order which was impugned in Writ petition No. 74 of 1988. At the time of admission of the writ petition, an order of interim suspension was granted on 5-1-1988, which subsisted till the disposal of the writ petition.
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