A.Sudhakar Reddy v. State Of Telangana

\\ [ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE THIRTY FIRST DAY OF DECEIV1BER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION (TR) NO: 5769 OF 2017 Between '1 . A.Sudhakar Reddy, S/o Adi Reddy, 48 Years, Occ Junior Leeturer in Economics, Working on [\,4inimum Time Scale Government Junior College (Boys) Siddipet. t\,4edak District R/o H.No. 16-'158/54, Srinagar Colony, siddipet, I\zledak District.

2. Y.Vivekananda Reddy, S/o Late Y.V.Subba Reddy, 53 Years, Occ Junior Lecturer in Zoology, Working on lvlinimum Trme Scale, Government Junior College, Balkonda, Nizamabad District Fl/o Flat No. 305-4, Ashoka Towers, Near Baswa Gardens, Nizamabad.

3. D.Veera Reddy, S/o D.Pota Reddy, 51 Years, Occ Junior Lecturer in Economics, Working on lVlinimum Time Scale Government Junior College, Bheemghal. Nizamabad District Rl/o H.No. 3-74, Vijayapur Colony, Choudari Guda, Ghatakesar, R.R.District

4. P.Suresh Babu, S/o P.Narasaiah, 50 Years, Occ Junior Lecturer rn Physics Working on Minimum Time Scale Government Junior College, Dharpally, Nizamabad District R/o 1 -12-123110, Vinayaknagar, Nizamabad.

5. V.Krishna Das, S/o V.Simhadri, 5'1 Years, Occ Junior Lecturer in Commerce, Working on Minimum Time Scale Government Junior College, Bheemghal, Nizamabad District R/o H.No. 5-84, Behind Rajesh Photo Studio, Mamidipally, Armoor lt4andal. Nizamabad District.

6. G.l\,4allesham, S/o Late Bal Ram, Aqe 48 Years, Occ Junior Lecturer in History Working on l\,4rnimum Time Scale Government Junior college, Ramayampet, ltzledak District RJo H.No. 1O-1-202, [\4angammatota, Siddipef. Medak District, PIN-502103

7. K.Shashidhar Reddy, S/o K Gal Reddy, 50 Years, Occ Junior Lecturer in Maths Working on [t4inimum Time Seale Government Junior College, Kondapak tu4edak District R/o H.No. 17-17711, Flat No. 104, Haripriya Residency, Srinagar Colony, Slddipet. l\,4edak District - 502'l 03

8. K.Ashok , S/o Late K.Bhushana Chary 50 Years, Occ Junior Lecturer in ft/aths Working on Minimum Time Scale Government Junior College for Girls, lr/arredpalli, Secunderabad Fl/o H.No. 1-21-32812, Chittaraiah Colony, Venkatapuram, Secunderabad - 15

9. B.Usha Rani. , D/o B.Lingaji Rao, 49 Years, Occ Junior Lecturer in Telugu Working on Minimum Time Scale Government Junior College, Makthal, [\/ahaboobnagar District Rl/o H.No. 4-24212, Basaveswara Colony, Makthal, Mahaboobnagar District '10. G.Rama Rao, S/o Purushothama Rao, 45 Years, Occ Junior Lecturer in Physics Working on Minimum Time Scale Government Junior College, Banigandlapadu, Khammam District, RJo H.No. 12-169, Pullakhandam Vari Street. Behind Sri Chaitanya School, lvladhira - 5O7 2O3, Khammam District

11. Pandari, S/o Bheemappa, 50 Years, Occ Junior Lecturer in Telugu Working on Minimum Time Scale Government Junior College, Marpally, Ranga Reddy

District Fl/o H.No.4-7-2261293, Opp. S.P.Office, Vikarabad - 50 1 101, Ranga Reddy District.

12. H.Sathyanarayana, S/o Vittal Rao, 51 Years, Occ Junior Lecturer-ini Hindi, Workin! on l\zlinimum Time Scale, Government Junior College for-t,Boyq' Adilaba"d, Fl/o H.No. 3-9-1 11, Ayyappa Nagar, Gujarathi Hrndi High Sbhool, Weekly Market. Kamareddy, Nizamabad Dist.

l3.G.Navirathna Kumar, S/d G.K.Das, 56 Years, Junior Lecturer in English, Working in Minimum Time Scale, Government Junior College for Girls, Jaqityala, R/o H.No. 1-7-95, Kamala Nagar,ECIL, Hyderabad

14. G.Ba-lreddy, S/o Sammi Reddy, 54 Years, Occ Junior Lecturer in Histo-ry, Working oh ltilinimum TimeScale Government Junior College, Cfenlql R/q H.No. 2-29, Sundarsala, Duddenapalli (PO) Chennur tr4andal. Adilabad District

15. N.Ramu, S/o Yadagiri sarma, 47 years, Occ Junior Lecturer in Sanskrit. Working on Minimum Time Scale Government City Junior College Beside High Court, Hyderabad

16. M.D-Farqundali Khan, S/o Mahmood Khan, 55 Years, Occ Junior Leqturer in History, Working on Minimum Time Scale Government Junior College, Bhaimsa, Adilabad District.

17. Md. Naseerudin, S/o Md.Khairuddin, 53 years, Occ Junlor Lecturer in Urdu, Working on Arlinimum Time Scale, Government Junior Science Colleqe,Karimnaqar, Rl/o H-No. 1-2-'161 , Old Bazar, Karimnagar

18. G.Na6endar Rao-, S/o Lakshmi Narayana, 53 Years, Occ Junior Lecturer in Chemistry, Working on Minimurn Time Scale, Government Junior College, Kharnam, Rl/o H.No. 1O-1-43, Flat No. 401, Brundavan Apartments, Khammam 19.V.Ravinder, Sio Narasimha Chary, 53 Years, Occ Junior Lecturer in Physics Working on [\,4inimum Time Scate Government Junior College, Kotagiri._R/o H.No. i-1-439/1A, Yadagiribagh, Road No. l Vinayak Nagar, Nizamabad (PO)

20. Ch.Venkataiah, S/o Muthaiah 52 Years, Occ Junior Lecturer in Civics Working on Minimum Time Scale Government Junior College, Narasampet, Rl/o H.No. 227118, Shanthi Nagar, Narasampet. Warangal District.

21. B.Sunii Kumar, S/o E.Venkoba Rao 49 years, Occ Junior Lecturer in lvlaths Working on Minimum Time Scale, Govt. Junior College, Kothakota, Rl/o H.No. 8-7-3516, Road No.7 Beside lt4ore Super Market, R.R.Nagar. Old Bowenpatly, Secunderabad - 11 ...APPLT.ANTS AND State of Telangana, Rep. by its Secretary to Govt., Finance (HRIV-I) Department, Secretariat Building, Hyderabad Stdte of Telangana, Rep- by its Chief Secretary to Govt.. Secretariat Building, Hyderabad Siate of Telangana, Rep. by its Principle Secretary to Gov't., (lntermediate Education,) Secretariat Buildings, Hyderabad Commissioner of lntermediate Education State of Telangana, Nampally, Hyderabad Rirgional Joint Director of lntermediate Education, State of Telangana, Hanamkonda, Warangal District, State of Telangana- 'I ?

.,.RESPONDENTS

/ Petition under section 226 cpc praying that in the clrcumstances stated in the affidavit filed in support of the petition, the High court may be pleased to to grant appropriate relief declaring the action of the Respondents in not considering the cases of the Applicants for regularization against the regular vacancies while considering the cases of the contract lecturers for regularization in issuing G.o.Ms.No-16, Finance (HRtM.

l) Department malafide, u nco nstitutional and violating Article 14, 16 and 21 of the constitution of lndia and issue consequential directions directing the Respondent to forthwith regularize the services of the Applicants against the regular posts of lecturers with all other consequential benefits with effect from the date of availability oft'regular vacancies with all consequential benefits including arrears of salary for the vacations, increments and revised pay scales and seniority etc., before considering the cases of contract lecturers tn terms of G.O.l\,4s.No. 16 Finance (HRM.l) Department. dt. 26.02.2016 issued by the 1st Respondent Counsel for the Petitioner: SRl. P. V.

,/..

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI IV.P(TRf.No. s769 0F 20t7 ORDER:

In this writ petition, the petitioners are seeking direction to the respondents to consider their cases for regularization of their services in terms of the G.O.Ms.No. 16, Finance (HRM-I) Department, dated 26.02.2O 16, since they were working against the regular vacancies and also to grant all consequential benehts with effect from the date of availability of regular vacancies including arrears of salary for the vacations, increments, revised pay scales and seniority, etc., and to pass such other order or orders in the interest ofjustice. 2.

Brief facts leading to the filing of the pre sent writ petition are that the petitioners were all engaged as part time lecturers in junior colleges in various subjects in various colleges in the Telangana region between 1987-1992. The Government had issued G.O.Ms.No.212, dated 22.04.1994, prescribing certain conditions for the regularization of contract/part time employees. The cutoff date for fulfillment of the condition was on 25.11.1993 and some of the persons who lullilled such conditions were regularized, but the services of the \ a.-

T]VD.J w.4Tr).No. s769 oJ2017 petitioners have not been regularized on the sole ground that technically they have not completed five years of service as on the aforesaid cutoff date. Thereafter, the petitioners continued to work as lecturers. In the meantime, the G.O.Ms.No.166, Education (C.E.-i) Department, dated O8.06. 1994, was issued by the Government with respect to the part time lecturers who have put in five years of service by 25. 1 1.1993 ald who satisfied the various other conditions imposed in G.O.Ms.No.272, dated 22.O4.1994 and such of the part time lecturers who completed five years of service as on 25.i1.1993 were also regularized. However, the petitioners have not been regularized since they did not complete 5 years of service.

The petitioners, were however, granted a minimum pay scale in terms of the decision of the Andhra Pradesh Administrative Tribunal in O.A.No.7956 of 2OO2, dated 17.70.2016. However, the petitioners were not paid the salary for the vacation period and were also not paid, the other beneiits like House Rent Allowance, Leave Encashment, Earned Leave, Medical benefits, etc. Therefore, the petitioners filed O.A.No.

TIdD.J rY.47'.J.No. s769 of 20r7 consider the case of the petitioners for the payment of above benefits and also for regularization of their services. 3.

On abolition of the Tribunal, the O.A., has been translerred to this Court and renumbered as W.P.(Tr).No.5769 i of 2Ol7 4.

Learned Government Pleader for Services-l has hled a counter affidavit as well as a stay vacate petition stating that the G.O.Ms.No.2l2, dated 22.04.1994, was only a one time measure and since the petitioners did not fulltll the conditions prescribed under the said G.O., their services cannot be regularized.

5.

Subsequently, the respondents have passed the orders of regularization of the services of the pe titioners, however, with effect from the date of the order i.e., 28.06.2022. Therefore, the petitioners have hled an additional afhdavit rl bringing all the relevant facts on record and the respondents have also filed a counter afhdavit to the additional affidavit filed by the petitioners.

6.

Learned counsel for the petitioners submitted that \he issue is now' covered by the decision ofthe Division Bench of l I lt

.TgD,J W.PlTr).No. 5769 oJ 20 17 this Court in W.P.No.41797 of 2015, wherein the Division Bench has held that the petitioners therein would be entitled to regularization of their services lrom the date thev completed five years of service but would not be entitled to any monetary benefits in terms of arrears of pay, but would be eligible for notional fixation of pay and seniority. It is further submitted that the Hon'ble Supreme Court in Special kave (c) No. i3813 of 2O 18 confirmed the order of the Division Bench of this Court. 7.

Learned Government Pleader for Services-I, however, relied upon the judgment of the Hon'ble Supreme Court in the case of Surendra Kumar and Others Vs. Greater Noida Industrial Development Authority and Othersl, for the proposition that the contractual employees are entitled to the benefit of regularization only from the date of availability of the vacancy and not otherwise or on ful{illment of the necessary conditions for such regularization. He further placed reliance upon the judgment of Hon'ble Supreme Court in the case of Divisional Manager, Aravali Golf Club and Another Vs. Chander Hass and Another2, for the proposition that the Courts cannot direct the respondents to create the posts and to I (2015) 14 SCC 382 2 (2ooa) I scc 6a3

rMD,J w,P(Tr). No. 5769 of 20 I 7 regllarize the services of the persons as it wouid be without jurisdiction 8.

Having regard to the rival contentions and the material on record, this Court finds that since the services of the petitioners ha',re been regularized from 28'06'2022, L}:'e oriy issue pending is whether they are eligible for regularization with effect from the retrospective date of completion of 5 years o[ service or from the date of availability of vacancies' The petitioners have been contesting before the Tribunal and also before this Court that they are entitled to regularization of their services since they have put in more than two decades of service. The respondents have considered their cases and have accepted their contentions for regularization but have only granted prospective regularization. However, it is also noted that several of the petitioners have since retired from services prior to the date of regularization i.e., 2a.

O6.2O22 and they would be deprived of any of the benefits of regularization' As held by the Division Bench of this Court in W.P.No.

TAD'J W.qTr).No. 5769 oJ 20l7 regular vacancies are available against which their services have been regularized, whichever is later.

9 .

In view of the same, this Court deems it fit and proper to direct the respondents to consider and regularize the services of the petitioners in the order of their seniority from the date on which the regular vacancies have arisen ancl the petitioners have also fulfilled the conditions of putting in more than five years of serwice. The judgment of the Division Bench of this Court has also been confirmed by the Hon ble Supreme Court in the case of The Greater Hyderabad Municipd Corporation rep. by its Commissioner and Others Vs. P.Liagamma and Others3.

10. In view of the above, the writ petition is allowed and the respondents are directed to regularize the services of the petitioners notionally from the date of their completion of five years and the availability of the regular vacancy in the order of their inter-se seniority whichever is later. The respondents are further directed to pass appropriate orders and also grant relief to the petitioners within a period of SLx (6) months from the date :]sLA (c) No 138I:l of2018

/ TMD,J w.47rlNo. s769 of 20t7 of receipt of a copy of this order. There sha1l be no order as to costs.

Miscellaneous petitions, if any' pending in thrs ll writ petition, sha11 stand closed.

SD/. T.

ASSIST TIRUMALA DEVI T REGISTRAR //TRUE COPY'

\ SE TION OFFICER 'o',. ,n" Secretary to Govt , Finance (HRM-I) Department' Secretariat Building' , ?il3"3n13laecretary to Govt secretariat Buildhq' Hvderabad 3 The principr" s""r"tr'[ io"6i"t]]ir'niii*"0-irte Edlcdtion,) secretariat ^ +Xl'c:t;*lS:l*ld, '"t"''"diate Education state or relansana' Nampallv'

t +;!"{3!illal Joint Director of lntermediate^Education' state of Telangana' " Hi"nirflohoa, Waranoal District' State ot t"''n?3]1j"f g. ?,lST3l".S5i E "FSElt';Bp.S'1'+'r'B""ii fJi'X""'.,,," or r e I a n s a n a at HYderabad [OUTI

8. Two CD CoPies BM GJP s

It tl HIGH COURT DATED:31 11212024

ORDER

Ie S WP(TR).No.5769 of 2017 05 rEil 2tri5 ALLOWING THE WRIT PETITION (TR) WITHOUT COSTS dG']dq W,