Bellam Nageswara Rao, Guntur Dist v. Prl Secy, Higher Education, Hyd And 2 Ot

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.33187 OF 2015

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not regularizing the services of the petitioner with effect from the date of his initial appointment as Lecturer on par with similarly situated persons as arbitrary and illegal and consequently to direct the respondents to regularize the services of the petitioner.

Heard Sri Subba Rao Korrapati, learned counsel appearing for the petitioner and learned Government Pleader for Education.

It is the case of the petitioner that initially, he was appointed as Lecturer in the 3rd respondent-College on 28.01.1984, on part-time basis. His services were regularized with effect from 2.4.1998. The grievance of the petitioner is that the services of one P.Srinivasula Reddy, who was initially appointed on part-time basis, were regularized from the date of his initial appointment, treating it as a special case. Under those set of circumstances, the present writ petition is filed by the petitioner seeking to regularize his services from the date of his initial appointment instead 2.4.1998.

Learned Government Pleader for Education contends that the case of the petitioner was considered after fulfilling certain conditions; accordingly, his services were regularized with effect from 2.4.1998; hence, he is not entitled for regularization from the date of his initial appointment; therefore, no interference is called for from this Court and the writ petition is liable to be dismissed.

Having considered the rival submissions made by the learned counsel on either side, without expressing any opinion on merits of the case, this Court feels that ends of justice would be met, if the writ petition is disposed of directing the petitioner to submit a representation.

Accordingly, the Writ Petition is disposed of directing the petitioner to submit a representation within a period of two weeks from the date of receipt of a copy of this order. As and when such representation is received, the respondents shall consider and pass appropriate orders within a period of eight weeks thereafter. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 19th April, 2018 rkk