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D. Raju Vs. A.P.S.E.B. and ors. - Court Judgment

SooperKanoon Citation

Subject

Service

Court

Andhra Pradesh High Court

Decided On

Case Number

Writ Appeal Nos. 1378 and 1723 of 2000

Judge

Reported in

2001(3)ALT520a

Appellant

D. Raju

Respondent

A.P.S.E.B. and ors.

Appellant Advocate

R. Annapurna, Adv.

Respondent Advocate

S. Ravindranath, S.C. for A.P. TRANSCO for Respondent Nos. 1 to 3

Disposition

Appeal allowed

Excerpt:


.....of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase.....s.b. sinha, c.j.1. having regard to the fact that both the wives of the deceased employee, whose dependent the appellant was, had entered into a compromise, we feel no reason as to why the case of the appellant herein shall not be considered for grant of appointment on compassionate ground ignoring the ground stated in memorandum dated 27-7-1993, irrespective of the fact as to whether such application is barred by limitation or not. such consideration may be made by the appropriate authority in accordance with law at an early date, preferably within eight weeks from the date of communication of this order.2. the writ appeals are allowed accordingly.

Judgment:


S.B. Sinha, C.J.

1. Having regard to the fact that both the wives of the deceased employee, whose dependent the appellant was, had entered into a compromise, we feel no reason as to why the case of the appellant herein shall not be considered for grant of appointment on compassionate ground ignoring the ground stated in Memorandum dated 27-7-1993, irrespective of the fact as to whether such application is barred by limitation or not. Such consideration may be made by the appropriate authority in accordance with law at an early date, preferably within eight weeks from the date of communication of this order.

2. The Writ Appeals are allowed accordingly.


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