Emani Papa v. The State of Andhra Pradesh

Judgment

#4. The State of Andhra Pradesh, represented by its Principal Secretary, Higher Education Department. Secretariat, Velagapudi, Guntur District. The Special Commissioner of Collegiate Education, Andhra Pradesh, Prasadampaud, Vijayawada, Krishna District. The Regional Joint Director, Collegiate Education Department, Arts College Campus, Rajamahendravaram, East Godavari District. The S.K.R. College for Women, Rep by its Correspondent and Assistant Commissioner, Rajamahendravaram, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in not regularizing the petitioner service with retrospective effect from the date of 25.11.1993 as per G.O.Ms.No.212 dt.22.4.1994 and in terms of Honourable Apex Court Judgment in terms of B. Srinivasulu Vs Nellore Municipal Corporation in Civil Appeal No.6318 of 2015 dated 17.08.2015 with all consequential benefits by setting aside the impugned proceedings dated 23.03-2022 tV- Civil Appeal No.6318 of 2015 dated 17.08.2015 with ail consequential benefits by setting aside the impugned proceedings dated 23.03-2022 / i^SL^ed by the 2'"'* respondent as illegal, arbitrary, discrimination and contrary to. orders of this Honourable Court and Honourable Apex Court apart from rf*'- , violativd Article 14, 16 and 21 of the Constitution India and consequently direct the respondents to extend the benefit of regularization of the service of the petitioner with retrospective effect from the date of

25.11.1993 in terms of Honourable Apex Court Judgment in terms of B.

Srinivasulu Vs Nellore Municipal Corporation in Civil Appeal No.6318 of 2015 dated 17.08.2015 with all consequential benefits. (Main Prayer amended/substituted as per Court order dated 09.11.2023 vide lA No.1 of 2023 in W.P.No.13864 of 2020) lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation dt 25-4- 2020, to regularize of the service of the petitioner with retrospective effect from the date of 25.11.1993, in terms of Hon’ble Apex Court Judgment in terms of B. Srinivasulu Vs. Nellore Municipal Corporation (Civil Appeal No.6318/2015, dt:17.08.2015, for sanctioning pension, pending disposal of the above Writ Petition. lA NO: 1 OF 2022 Between:

#1. The State of Andhra Pradesh, represented by its Principal Secretary, Higher Education Department. Secretariat, Velagapudi, Guntur District.

#2. The Special Commissioner of Collegiate Education, Andhra Pradesh, Prasadampaud, Vijayawada, Krishna District. ...PETITIONERS/RESPONDENTS AND

#1. Emani Papa, W/o. Subrahmanyam Sarma, Age about 57 years, Record Assistant, S.K.R College for Women, R/o D.No. 12-3-21/2, Sunkaravari street, Rajamahendravaram East Godavari District. ...RESPONDENT/PETITIONER

#2. The Regional Joint Director, Collegiate Education Department, Arts College Campus, Rajamahendravaram, East Godavari District.

#3. The Regional Joint Director, Collegiate Education Department, Arts College Campus, Rajamahendravaram, East Godavari District.

#4. The S.K.R. College for Women, Rep by its Correspondent and Assistant Commissioner, Rajamahendravaram, East Godavari District. ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order dated 13.08.2020 in lA No.1 of 2020 in W.P.No.13864 of 2020 and dismiss W.P.No.13864 of 2020. Counsel for the Petitioner: SRI J. SUDHEER Counsel for the Respondent Nos.1 to 4: SRI K.V.RAGHUVEER, GP FOR HIGHER EDUCATION The Court made the following: ORDER % APHC010210692020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13864/2020 Between:

1.EMANI PAPA, FATHER NAME. SUBRAHMANYAM SARMA, AGE. 57, RECORD ASSISTANT, S.K.R COLLEGE FOR WOMEN, R/0 D.NO. 12-3-21/2, SUNKARAVARI STREET, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. ...PETITIONER AND

1.THE STATE OF AP, PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. REPRESENTED BY ITS

2.THE SPECIAL COMMISSIONER OF COLLEGIATE EDUCATION, ANDHRA PRADESH, PRASADAMPAUD, VIJAYAWADA, KRISHNA DISTRICT.

3.THE REGIONAL JOINT DIRECTOR, COLLEGIATE EDUCATION CAMPUS, COLLEGE ARTS DEPARTMENT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

4.THE REGIONAL JOINT DIRECTOR, COLLEGIATE EDUCATION CAMPUS, COLLEGE ARTS DEPARTMENT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

5.THE S K R COLLEGE FOR WOMEN, REP BY ITS CORRESPONDENT AND ASSISTANT COMMISSIONER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 2 ...RESPONDENT(S): Counsel for the Petitioner:

1.J SUDHEER Counsel for the Respondent(S);

1.GP FOR HIGHER EDUCATION Court made the following ORDER: The Heard Sri J. Sudheer learned Counsel for the Writ Petitioner and Sri K.V. Raghuveer , learned Government Pleader for Higher Education.

#2. Prayer sought in the Writ Petition is as under: "Hence in the interest of Justice, it is humbly it is humbly issue a wnromer or direction especially one in the nature d VVnt hj thP Sasu^uT^^SL^rniS^at*^ "ai ,:^u°^d"pr:reei^«^^ “ ? resDondent as illegal, arbitrary, discrimination and cent ar, ‘0 Prder^o? this Honourable Court and Honourable toex Court apan from violative of Article 14, 16 and 21 o the Pnncititution of India and consequently direct the respondents to extend the benefit of regularization of vrith retrospective effect from the date of 25rt1rt993 m terms oi Honourable Apex Court Judgment in terms o B- Smivasuiu vs Nellore Municipal Corporation in Civil Appeal No.6318 of 2U1 dated 17 08.2015 with all consequential benefits and Pass such oUier order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Submissions nf the learned Counsel fo»- tha Writ Petitioner.

#3. Learned Counsel for the Writ Petitioner would submit that the Writ about 15.11.1998 in the No.4 Respondent Petitioner has joined as Assistant Store Keeper on or Women, College East Godavari District) for a salary of Rs.180/- per Rajamahendravaram has filed W.P.No.2518 of 2007 along with two month; that the Writ Petitioner other persons before this Court for seeking regularisation; that, vide Order College S.K.R. (The ^4 pursuance

09.10.2009, dated 09.10.2009 (Ex.P.6), the learned Single Judge of this Court was pleased to dispose of the said Writ Petition with a direction to the Government (Respondent No.1) and the Director of Collegiate Education (Respondent No.2) to consider the question as to whether the Writ Petitioners, who are working in the hostel are eligible to be considered for regularisation with a to pass appropriate orders within three months; that in further direction of the directions of the Learned Single Judge in W.P.No.2518 of Official Respondents have issued Memo 2007 NO.2440/CE.11-1/2007-7 dated 24.03.2011 rejecting the claim of the Writ Petitioners; that having been aggrieved by the Memo dated 24.03.2011, the Petitioner and two others have filed W.P.No.11976 of 2011 seeking Writ regularisation as per the G.O.Ms.No.212 dated 24.04.1994. Learned Single Judge of this Court was pleased to allow W.P.No.11976 of 2011, vide Order By setting aside the impugned Memo No.2440/CE.II- dated 05.03.2012. 1/2007-7 dated 24.03.2011, the Learned Single Judge, while allowing the Writ Petition was pleased to remand the matter to the Respondents with a direction the matter afresh taking into consideration the definition of the to consider Education Institution and pass appropriate Orders in accordance with law, as expeditiously as possible, preferably within six months from the date of receipt of the copy of this Order.

#4. It is further submitted that, due to non-compliance of the Order of the Learned Single Judge in W.P.No.11976 of 2011 dated 05.03.2012, the Writ Petitioner along with two others were compelled to file contempt case bearing of 2012; that the Learned Single Judge was pleased to dispose C.C.No.1357 of the contempt case vide Order dated 01.04.2014, with certain directions; said directions, the Official Respondents have that in pursuance of the regularised the Writ Petitioner with effect from 11.09.2017; that since the date Petitioner has 30.09.2020; that from the date of joining in the Respondent superannuated on No.4 College from 15.11.1988 till the date of regularization dated 11.09.2017 the Writ Petitioner has put in service of 28 years 9 months and 25 days of the Writ

03.09.1960, Petitioner Writ without being regularised. This apart, since on 11.09.2017, upto the date of the Writ Petitioner’s 30 09 2020, the Writ Petitioner’s service is hardly for a period of 3 years an thereby disentitiing the Writ Petitioner from getting pension. the regularization was done only superannuation dated months.

#5. It is further submitted that on retirement, Nos. 2 to 4 herein requesting them to count the un- along with aided service for 3 years

25.04.2020 (Ex.P.3), few months before the Writ Petitioner has made a Representation to the Respondent aided service of 28 years and 9 months for sanction of pension the Respondent No.4 had addressed a letter to the Respondent to the Representation of the Writ thereby forward the Application of the Writ Petitioner Respondent No.2 with a request to Petitioner for favourable consideration and necessary action. As there was etc.,; that No.3 on 29.04.2020 (which is in response

25.04.2020(Ex.P.3)), marking copy to a from the Official Respondents to the Representation made by the response the Writ Petitioner is about to Writ Petitioner dated 25.04.2020 (Ex.P.3) and as 09.2020, the Writ Petitioner has filed the present superannuate on or about 30. _ Writ Petition seeking to reckon the regularisation in terms of G.O.Ms.No.212 dated 24.04.1994 (Ex.P.8) from the date of her initial appointment.

#6. Learned Counsel for the Writ Petitioner would submit that the Writ 15.11.1988 and had Petitioner was appointed as Assistant Sore Keeper on completed five years without any break in service by 14.11.1993. Therefore, as per G.O.Ms.No.212, the Writ Petitioner shall be required to be regularised He would submit that the first Writ Petition was from 15.11.1993 onwards. 2007, wherein the Learned filed by the Writ Petitioner way-back in the year 09.10.2009 with a direction Single Judge has disposed of the Writ Petition on to consider the case of the Writ Petitioner within three months. He would also submit Writ W.P.No.11976 of 2011 24.04.1994, which was allowed on 05.03.2012. Petitioner was once for implementation of the G.O.Ms.No.212 dated constrained 5

#7. Learned Counsel for the Writ Petitioner would submit that due to non- W.P.No.11976 of of the directions rendered by this Court in consideration constrained to file contempt case bearing He eventually disposed on 01.04.2014. 2011, the Writ Petitioner was CC No. 1357 of 2011, which was would also submit that, even thereafter, it took almost three years for the He would submit that reckoning Respondents to regularise the Writ Petitioner the period of regularisation from 11.09.2017 instead of 15.11.1993, is not only arbitrary, illegal but also perverse on the part of the Official Respondents. Submissions nf the learned Counsel for the Respondents. East Godavari 8 The S.K.R. College for Women, Rajamahendravaram Counter Affidavit on or about District (Respondent No.4) has filed the 17.09.2020 stating that as per the Andhra Pradesh Revised Pension Rules, qualifying service for sanction of service 1980, an individual having minimum break. Whereas the of Grant-in-Aid service without any pension is 10 years 1 month and 25 days Writ Petitioner has only qualifying service of 3 years from the date of absorption/joihirrg in Grarrt-in-Aid post ih the college. It Is also Finance (Pen-1) Department, dated all the introduced CPS to lines of Government stated that as per 22.09.2004, the A.P State Government have employees recruited on of India’s New Pension System. after 01.09.2004 on the same the G.O.Ms.No.653

#9. learned Education K.V. Raghuveer Sri would submit that, in view of the change in the legal position, Government Pleader for Higher e writ Petitioner is not entitled for pension by reckoning 15.11.1993 as the date of regularisation of service. Learned Government Pleader has placed reliance on the decisions of the Hon’ble Supreme Court in Registrar Genera/ of India and Anotiier Vs. V. Ttiippa Setty and Others : (199S) S SCC 690 and n Nigam Ltd., Ajmer and Another Managing Director, Ajmer Vidhyut Vitran SCC Online SC 1351. This Court has outset, this Court opines that these two Lai and Others : 2022 Vs. Chiggan perused these two decisions. At the decisions have no relevance to the present case. Analysis:

#10. The above facts would clearly indicate that the G.O.Ms.No.212 has withstood the legal scrutiny, as it was considered by the dated 24.04.1994 Hon ble Supreme Court in A. Manjula Bhashini and Others Vs. Managing Director, Andhra Pradesh Women’s Cooperative Finance Corporation Limited and another; (2009) 8 SCC 431. Admittedly, the Writ Petitioner has 15.11.1988 as Assistant joined into service of Respondent No.4 College Store Keeper for a meager salary of Rs.180/- per month. in the year 2007, vide W.P.No.2518 of 2007. Despite the directions given by the Learned Single 09.10.2009, the Writ Petitioner was made to run from pillar to post two other occasions (by filing Petitioner has filed For the first time, the Writ Petition Judge on Writ and approached this Court once again W.P.No.11976 of 2011 and C.C.No.1357 of 2012). Admittedly, even after bearing C.C.No.1357 of 2012 came to be disposed of on contempt case 01.04.2014, the Official Respondents took another three more years to issue the orders of regularisation in favour of the Writ Petitioner with effect from It is noticed by this Court that starting from the year 2007 (from 11.09.2017. the year of filing the first Writ Petition bearing W.P.No.2518 of 2007) till the The text of date of regularisation, nearly about 11 years have passed. G.O.Ms.No.212 dated 24.04.1994 (Ex.P.8) is very clear to the effect that from 22.04.1994 onwards if a daily wager has put in continuous service without any break of five years thereafter, he would be entitled for regularisation from the said date onwards. It is the contention of the Writ Petitioner that on the date the G.O.Ms.No.212 dated 24.04.1994 came into effect, he was already in without regularisation, and therefore, the G.O.Ms.No.212 dated service,

24.04.1994 would squarely apply.

#11. Even though the G.O.Ms.No.212 dated 24.04.1994 has came into effect on 22.04.1994, it transpires from the record that the Writ Petitioner has approached the Writ Court for the first time only in the year 2007. The Writ Court, after considering the facts of the case filed by the Writ Petitioner and two others, was pleased to dispose of the same with certain directions. Therefore, from the date on which G.O.Ms.No.212 dated 24.04.1994 came into effect upto year 2007, the Writ Petitioner has not raised his little finger to assert right which flows out of G.O.Ms.No.212 dated 24.04.1994. However, thereafter i.e., since 2007 onwards, the Writ Petitioner could not get his legitimate due only due to lack of empathy and indulgence by the Official of the view that the date of Respondents, regularisation as sought by the Writ Petitioner i.e., from 15.11.1993 cannot be accepted. As the Writ Petitioner did not raise his little finger from 22.04.1994 this Court Therefore, upto the year 2007. The period thereafter i.e., from 2007 onwards till the date of his regularisation on 11.09.2017, this Court is of the opinion, that the entire delay that has been occasioned has to be attributed to the inaction on the part The Official Respondents cannot take undue of the Official Respondents. advantage of their own wrongs by stating that the Writ Petitioner is deemed to have been regularised on 11.09.2017, particularly, having regard to the long Therefore, this Court is of the battle which the Writ Petitioner had to tread. opinion that the Writ Petitioner is deemed to have been regularised from the date of filing of the Writ Petition bearing W.P.No.2518 of 2007 for the purpose of reckoning regularisation. Although the Writ Petitioner may not be entitled for any arrears of pay as being treated as an employee working in Grant-in- Aid post. The said period from the date of filing of W.P.No.2518 of 2007 shall be reckoned for the purpose of applying the pension scheme to the Writ Government Admittedly, Petitioner. (Pen-1) Department, Andhra Pradesh 22.09.2004 Finance G.O.Ms.No.653 introduced CPS to all the employees recruited on or after 01.09.2004 on the lines of Government of India’s New Pension System, as stated in Para- 13 of the Counter Affidavit filed by the Respondent No.4.

#12. In the above premise, the impugned Proceeding dated 23.03.2022 bearing Rc.No.14/Ser.ll.A/2022 issued by the Commissioner of Collegiate Education is hereby quashed. Consequently, the Writ Petition is allowed in terms of the above observations and directions. No Order as to Costs. 8

#13. Interlocutory Applications, if any, stand closed in terms of this order. //TRUE COPY// Sd/-SHAIK MOHD. RAFI ASSISTANT REGISTRAR S^fjOI^FFICER To,

#1. The Principal Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.

#2. The Special Commissioner of Collegiate Education, Andhra Pradesh, Prasadampaud, Vijayawada, Krishna District.

#6. The Regional Joint Director, Collegiate Education Department, Arts College Campus, Rajamahendravaram, East Godavari District. The Correspondent and Assistant Commissioner, S.K.R. College for Women, Rajamahendravaram, East Godavari District. One CC to Sri J. Sudheer, Advocate [OPUC] Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT]

#7. Three CD Copies. VKIATIOP Coo^'1 HIGH COURT DATED:05/06/2025 ORDER WP.No.13864of 2020 ALLOWING THE W.P. WITHOUT COSTS