B.Jagana v. The Prl.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.9008 OF 2005 Between:

B. Jagana and others .. Petitioners And The Principal, A.P.T.W. Residential (Boys), English Medium School, Bhavani Nagar, Hanamkonda, Warangal District and another .. Respondents DATE OF JUDGMENT PRONOUNCED: 12-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9008 of 2005 ORDER:

This Writ Petition was filed by nine contract employees working in the Andhra Pradesh Tribal Welfare Residential English Medium School (Boys), Bhavani Nagar, Hanamkonda, Warangal District, challenging the circular dated 14.03.2005 issued by the Member Secretary of the Andhra Pradesh Tribal Welfare Residential Educational Institution Society, Gurukulam, Hyderabad, stating that permission could not be accorded for engagement of daily wage workers in view of Act 2 of 1994 and requesting the members of Gurukulam Institutions to get the work done on contract basis subject to the contract being entered into with one agency and not with one individual. The appointment of the agency should be made on contract basis and not of the individual. By order dated 21.04.2005, this Court directed status quo obtaining as on that day to be maintained. This interim order was thereafter directed to be continued pending disposal of the Writ Petition on 30.06.2005. This Court further granted liberty to the respondents to take the petitioners on contract basis, if they were inclined to.

Sri N. Bhupal Reddy, learned counsel for the respondent society, informed this Court that circular Rc.No.B2/7621/2005 dated 03.06.2005 was thereafter issued by the Member Secretary of the respondent society wherein, while referring to the earlier circular dated 14.03.2005, he instructed all the Principals of Gurukulam Institutions to take Class IV employees on contract basis without any agency as per the prescribed agreement.

In effect, the earlier circular dated 14.03.2005 was held inapplicable so far as Class IV employees posts were concerned. All the petitioners in the present case were working in Class IV posts. It is further stated by Sri N. Bhupal Reddy, learned counsel, that all the petitioners are presently continuing on contract basis in the service of the Residential Schools except petitioner No.3 who left on his own volition.

In the light of the aforesaid developments, it is clear that the cause in the Writ Petition no longer survives for consideration in view of the later circular.

The Writ Petition is accordingly closed.

Pending Miscellaneous Petitions, if any, shall also stand closed. No order as to costs.

_____________________ SANJAY KUMAR, J Date:12.08.2015 KH