G.Mallesham v. State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.6994 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ..... to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of Constitution of India in not paying salary (minimum time scale) to the petitioners for 12 months and paying only 10 months as arbitrary, illegal, discriminatory violating Articles 14, 16 and 21 of the Constitution of India and issue consequential direction directing the Respondent to forthwith to pay the salary (minimum time scale) to the Petitioners for 12 months instead of 10 months as was done in case of Contract Lecturers in issuing G.O.Rt.No.222, Higher Education, dated 05.09.2018 w.e.f. the date of paying the minimum time scale till regularizing their services as Junior Lecturers ....." Heard Mr.P.V.

Krishnaiah, learned counsel for petitioners and the learned Government Pleader for Services-I. It has been contended by the petitioners that they are working as Junior Lecturers in Government Junior College in Medak District on temporary basis. They are working as Junior Lecturers for more than two decades and the issue of regularising the services of the petitioners is pending before the Government. The respondents were pleased to extend the minimum time scale of pay as the petitioners are discharging their duties to the best satisfaction of their superiors and every one concerned, The grievance of petitioners is that the respondents are paying remuneration for only ten months instead of twelve months in terms of G.O.Rt.No.222 dated 05.09.2018.

has taken a policy decision to pay twelve months remuneration for contract Teachers, who are working in Government Junior Colleges, Government Degree Colleges and Government Polytechnic Colleges under G.O.Rt.No.222, dated 05.09.2018. The petitioners contended that their cases be examined in terms of G.O.Rt.No.222, dated 05.09.2018 and twelve months remuneration be extended to them instead of ten months.

Learned counsel for petitioners contended that appropriate orders be passed in the writ petition directing the respondents to examine the cases of petitioners in terms of G.O.Rt.No.222 dated 05.09.2018 and pay twelve months remuneration instead of ten months.

Learned Government Pleader appearing for respondents has contended that G.O.Rt.No.222 dated 05.09.2018 is made applicable only in respect of contract employees. Since the petitioners are not working on contract basis, the question of extending the benefit of G.O.Rt.No.222 dated 05.09.2018 does not arise. However, the cases of the petitioner would be examined and appropriate orders will be passed in accordance with law. This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the petitioners to submit a fresh representation with regard to payment of twelve months remuneration in terms of G.O.Rt.No.222 dated 05.09.2018 within a period of two weeks from the date of receipt of a copy of this order. Upon such representation being received, the respondents shall consider the same and pass

appropriate orders in accordance with law within a period of four weeks thereafter.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 02-04-2019 Prv