Gutha Nageswhar Rao v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.15134 of 2019

ORDER

This Writ Petition is filed seeking the following relief: "to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not paying the minimum remuneration as per G.O.Ms.No.11, dated 18-04-2018 and as adopted by 2nd respondent vide an undated resolution as illegal, arbitrary and amounting to violation of rights of the petitioner guaranteed under Articles 14, 16 and 21 of the Constitution and consequently direct the 2nd respondent to fix minimum rates of remuneration as per the said G.O and pay to the petitioner accordingly and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard Sri N.S.Arjun Kumar, learned counsel appearing for the petitioner, learned Government Pleader for Education appearing for the 1st respondent and Sri Krishna Murthy, learned Standing Counsel appearing for the 2nd respondent. It is the case of the petitioner that pursuant to the notification issued by the 2nd respondent, he was selected and appointed as faculty in Pharmaceutical Chemistry Department in the 2nd respondent-University and he is working as such. The State Government has revised the remuneration in respect of contract faculty lecturers vide

G.O.Ms.No.11, dated 18.4.2018. Though the 2nd respondent has adopted the said GO and in fact extended the remuneration for one month in terms of the said G.O, the 2nd respondent is not extending the remuneration later. Hence, the petitioner has submitted a representation to the 2nd respondent on 17.05.2019 requesting the 2nd respondent to extend the remuneration in terms of G.O.Ms.No.11, dated 18.4.2018. But, so far, the 2nd respondent has not passed any order on the said representation nor extended the remuneration in terms of the said G.O.

Learned counsel appearing for the petitioner submits that appropriate orders be passed directing the 2nd respondent to consider the representation dated 17.05.2019 submitted by the petitioner in accordance with law. Learned Standing Counsel appearing for the 2nd respondent submits that the case of the petitioner would be considered and appropriate orders would be passed on the representation submitted by him.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the respondents to consider the representation dated 17.05.2019 submitted by the petitioner and pass

appropriate orders thereon, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, pending, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 22nd July, 2019 rkk