K.Uma Maheswari v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.3328 & 3363 OF 2020 DATED : 18.02.2020 W.P.No.3328 of 2020 :

Between :

B. Laxma Reddy S/o.B. Ram Reddy, Aged 61 yrs, Retired TGT (P.S), Telangana Social Welfare Residential Educational Institution Society, R/o. Flat No.505, Sai Residency, Sainath Colony, Vanasthalipuram, Hyderabad & another.

..... Petitioners And The State of Telangana, Rep., by its Special Chief Secretary, Scheduled Caste Development Department Secretariat, Hyderabad & another.

.....Respondents The Court made the following:

- 2 - HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.3328 & 3363 OF 2020 COMMON ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for Services-II for learned Government Pleader for Social Welfare Department appearing for the respondents. 2.

Petitioners in W.P.No.3328 of 2020 joined service in the respondent-Society in the year 1989 and 1988 respectively and petitioner in W.P.No.3363 of 2020 joined service in the respondentSociety in the year 1987. The services of petitioners in W.P.No.3328 of 2020 were regularized from 31.10.2005 and 31.08.2010 respectively and services of the petitioner in W.P.No.3363 of 2020 were regularized from 30.09.2003. Petitioners claim that they are entitled to regularization of their service from 14.06.1993 as per the G.O.Ms.No.38 dated 22.03.2001, but regularized from the dates mentioned above. In view of prospective regularization petitioners in W.P.No.3328 of 2020, are not paid pension and petitioner in W.P.No.3363 of 2020, is getting meager pension.

It appears, regularization was granted to petitioners taking into consideration the subsequent acquisition of qualification required to hold the post of Trained Graduate Teachers (TGTs), whereas when they joined the service, they did not possess that qualification. The order of Government in G.O.Ms.No.38 provides for granting of regularization from 14.06.1993, the date on which the TGTs were drawing the pay scales. But this regularization was on condition of possessing eligibility.

- 3 - their services retrospectively by granting relaxation of requirement of having requisite qualification to hold the post of TGTs. 3.

Having regard to the fact that they have rendered continuous unblemished service, the Board of the respondent-Society favourably responded and accepted their request for granting relaxation and accordingly, sent proposal, vide letter dated 25.04.2018, addressed to the Secretary to Government, SC Development Department, which is enclosed as Ex.P.11. Some clarification was sought by the Government on the said proposal and the Society responded, vide its letter dated 27.10.2018, which is enclosed as Ex.P.13. The limited grievance of the petitioners in these writ petitions is that so far no decision is taken on the said proposals and on account of delay, grave prejudice is caused to them.

4.

Having regard to these submissions, without expressing any opinion on merits, the Writ Petitions are disposed of directing the respondent-Government to consider the proposal sent by the respondent-Board on 25.04.2018 and clarification furnished on 27.10.2018, and communicate the decision within a period of six weeks from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 18th February, 2020 Rds