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2008 (1) TMI 966

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..... to requirements of sponsorship of the candidates by the Employment Exchange for appointment in the regular posts, pursuant whereto G.O. Ms. No. 27 M.A. (Q) dated 16th January, 1991 was issued, stating: The Commissioner, Municipal Corporation of Hyderabad in his letter 2nd read above has stated that the Municipal Corporation of Hyderabad has been implementing the Urban Community Development Programme since 1967 that under this programme a number of Balwadi and Sewing centers were opened in the slum areas for the benefit of the slum Woman and Children and a grant of ₹ 250/- p.m. was paid by the Municipal Corporation of Hyderabad to the Balwadi Teachers and that there is a long standing demand from these persons for absorption into po .....

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..... ent, for the purpose of her selection in a regular post created by the appellant-Corporation, was thus, required to appear for a vive voce before a Selection Committee as also a written test. She appeared in the interview on 24th December, 1991. She, however, did not appear in the written test. From April, 1989 she absented herself from her duties. As she had unauthorisedly remained absent continuously for long time, a letter dated 2nd June, 1992 was received by the Corporation from Jai Prakash Nagar Welfare Association requesting the Corporation to terminate her services. 5. Having come to learn thereabout the respondent made a request before the appellant on 12th February, 1993 that she be provided with a job of typist stating: I am .....

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..... application on 20.02.1993 requesting for permission to join today. The Balwadi/Sewing teachers have been appointed by the respective welfare associations located in slums and they were not appointed by MCH. Smt. Mary Manoranjani has already been communicated that her request for rejoining into duty is rejected vide this office letter 7th cited. Smt. Mary Manoranjani has not put forth any new grounds to reconsider her case. 7. Aggrieved thereby she filed a writ petition before the High Court of Judicature at Andhra Pradesh in August, 1998. By a judgment and order dated 9th March, 2004 a learned Single Judge of the High Court, without entering into the merit of the matter, allowed the said petition stating: Admittedly, the Government ha .....

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..... spondent, on the other hand, submitted that keeping in view the tenor of the order passed by the learned Single Judge which has been affirmed by the Division Bench, as a mere direction for consideration of the case of the respondent in terms of the said G.O.M. has been made, no interference therewith by this Court is warranted. 11. Constitutional scheme in regard to public employment as enumerated in Articles 14 and 16 of the Constitution of India is explicit. Any appointment made by a 'State' within the meaning of Article 12 of the Constitution of India must be subject to the constitutional scheme. In making appointments the State is obligated to comply with the same as also statutory requirements, if any. Neither the appellant .....

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