S.Lakshmana Chary, v. Social Welfare Department

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.14975 of 2002 ORDER:

This writ petition is filed seeking a writ of mandamus to declare the action of the 2nd respondent in regularising the services of the petitioner in the cadre of TGT (Telugu) with effect from 27.11.1995 instead of PGT (Telugu) as illegal and arbitrary. A consequential direction is also sought to direct the respondents to regularise his services in the cadre of PGT (Telugu) and to grant him all consequential benefits that will accrue on that basis including pay and allowances and seniority. Heard Sri T.P.Acharya, learned counsel for the petitioner and learned Government Pleader for Social Welfare. It has been contended by the petitioner that the respondents have issued a paper publication on 01.09.1988 inviting applications for appointment to the posts of PGT and TGT on ad-hoc basis.

Since the petitioner was fully eligible and qualified for the post of PGT, he applied for the post of PGT and after following the regular selection process, he was appointed as a PGT (Telugu) vide proceedings dated 15.09.1988. The grievance of the petitioner is that on completion of certain required number of years, his services were regularised as a TGT with effect from 27.11.1995 instead of PGT and that though the regularisation orders were issued in favour of the petitioner in the cadre of TGT, he was given posting orders as PGT and he was further promoted to the post of Junior Lecturer. While he was discharging his duties as a Junior Lecturer, the respondents have reverted him again erroneously on the ground that his services were regularised in the cadre of TGT but not PGT.

It is contended by the learned counsel for the petitioner that against the orders of regularisation in the cadre of TGT with effect from 27.11.1995, the petitioner has submitted a representation to the respondents on 27.06.

the petitioner is working had also recommended his case for regularisation of his services in the cadre of PGT instead of TGT but, so far, the respondents have not passed any orders on the said representation.

This Court, having considered the said submission, is of the view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to the 2nd respondent within one week from the date of receipt of a copy of this order, in addition to the representation which has already been submitted, and upon receiving such a representation, the 2nd respondent shall consider the same and pass appropriate orders in another four weeks in accordance with the Rules and also duly taking into account the original order of selection of the petitioner as PGT (Telugu).

With these observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

___________________________ (ABHINAND KUMAR SHAVILI, J) 01st November, 2018 JSU

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.14975 of 2002 Date: 01.11.2018 JSU