High Court · 2025

Petition under Article 226 ot lhe constitution of lndia 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 ma ndam us a)declaringthatpetitionerserviceswereliabletoberegularizedw.e.f0l-02. 2003i.e.,fromthedateofavailabilityofvacancyofLecturerinEnglishinthe4th respondent college. b) declare that action of the respondents in not regularizing the services of the petitioner w.e.f 01-02-2003 or atleast from 09-08-2004 on which date the Government1ool i ,lecision to regularize the services of the: G.O.Rt.No.49a. rl: r C09-08-2004 is illegal and arbitrary. f )et tioner by issuing c) declare that :r : on of the respondents in regularizing t..,e services of the petitioner trc'rn 21 --2oo4 and not making it effective afletrst from o9-og-2004, depriving his gr<r'r ; ,ner benefits is illegal and arbitrary :n,.i discriminatory violating the Art c = 4, 16 & 21 of the Constrtution of lndizr. IANO: 1OF2 019 Petition un:(r section 151 cpc praying that in the cir:urnstances stated in the affidavil f rre :,1 n support of the petition, the High court r: y be preased to direct the resp(,r d ;rts to treat the petitioner as regularir:el n service w.e.f 09-08-2004 i., f": rr the date of issuance of G.o.Rt.No.49,1 .i:rted 09-08-2004 pending disposa rf tre Writ petition. Counsel for the Det rioner: SRI M.SURENDER RAO, Sr. COUNSE L, REp. FOR SRI SRINIVASA RAO MADIRAJU Counsel for the Res grondent No.1 to 3: Gp FOR SERVICES_I Counsel for the l?:s pondent No.4: Gp FOR HIGHER EDUCATICiI The Court made l€ rollowing: ORDER :*: THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO .88 86 of 2O19 ORDER: Aggrieved bY the action of the respondents in not w.e.f.01.02.2003 or regularizing thc scrvices of thc petitioner 09.08.20O4 ancl consequently depriving the petitioner of his pension benehts, the present writ petition is filed' 2\ Hearcl Sri M Surender Rao, learned senior counsel' rcpresenting Sri Srinivasa Rao Mudiraju, learned counsel for the petitioner, and learned Government Pleader for Services-I appearing for resPondents I to 3' 3) l,carned scnior counsel appearing for the Petitioner has a Post-Graduate in trngiish, did his submitred thal lhc Petitioner is Ph- D. and was appointed as a Part Time lecture r in respondent No.4 collcgc in LI-it: ycar 1985' Thereafter, in November' 1992 ' he rn'as oral1y terminated lrom the said post Questioning the said termination, petitioner filed W P No 20370 of 1993 and the said writ pctition u,'as allorrr''ed vide ordcr d,aLed' 04.o4.20o2. Writ Appeal No.1432 of 2OO2 filed by the respondents was also dismissed vide judgment dated 30.09.2002 Learned senior colrnsel has further submitteclthatoneSriP.Prataplieddy,whowasworkingas Lecturer in English in respondent No 4 College was retired from senrlce or a1.: : the said var;zr .

04.O4.2OC,t'-) judgmen'- r1a : dateci O'r. l) 2 2 Pti ,t '. 3rl8b 2019 ring the age of superannuation on 3 1 ()i 20012 and r. rvers taken note b1, this Court in its ,rr,lcr dated compliance of the order da teci I 1 ( .. l()02 ar-rd irl)[ :rL

30.09.2OO2, respondent No.2 issucrl prrr:ccdings 03 and 30.07.2O03 dirccting :(-sf ()!rcl:1tt No.4 ir.rt Lhc pctitioner as pzrrt .l.imc Lcr:r-Ltrcr irr firsr Lcn to send proposals for regulariut rtt n of his ln rt ,rsuance to lhe same, respondent \o.r ,-to k:ge took (,r i..08.2OO3 to cngage the pctitroner- irguir as part i ilnglish) and accordingly he r,r.nr; e r t|lo ied from 'rLrther, alter calling for requ:rccl partictrlars, , has issued procecdings in Rc.No.il3ll,,r\c mn./VIl_ College tr instance SETVICCS a decisio t: Timc LcctrLr c i

19.08.2003. responde:r1 I'l :, 1/1994, jat:c petitioner as e grant in-.Ljd \,: L Learned sen;ci petitioner l. -r : benefit of lre r s.t Pension Ruk s , the Governn Lr t.: petitioner :s <: c senior corurs: I of the peti[ic r r: .21 .O9 .2OO4, regularizing Lhe serr ir:.:rs of the rrrcl in English as a speci:rl casc ir -rr existing rncf in respondent No.4 Collcge rr.e.'..11 )9.2OO1. )ul'rsel has contended that all the coll I sr- cs of Lhe cined Lhe service prior to 15.1O.199/ 1i11.s th. ) -r aparL from several other bcnefit_s u1,lcl Revised l!)80. But, in view of the policy decisicrr _akcn by to clispense vr.ith pension from O 1 r)c 2 104, thc rived of his pension and other benef t:; Learncd rs vehemently contended that if thr: r,jFLll rization rvas made effcctive atleasl from O9.0 LI,OO4. ou -J PK, J wP-s886 2019 which <late the Government took a decision to regularize the G.O.Rt.No.494, dated services of thc pe titioner by issurng 09.08.2004, the Petltloner would have the beneltt of Pensron' Learned senior counsel has drawn the attention of this Court to thc cases of one lfr' R V Anuladha' Dr' A' Dayamani and Smt. M.S. Bhagramma, whose cascs were considered for notional promotion for the purpose of pension and contended that the petitioner is also entitled for similar relief' Therefore' the learned senior r:c)unscl prayed rhis Court to allow the writ petition' Reiiance has been Placed on: 1) 2) 3) Vidga Deui o. Staite oJ Himochal Pradeshl The Gouernment of A'P' u' N' Venkoiah2; Common Order datcd 27 '12 2024 passed in I-A No 2 of 2024 in W.P. No.34923 of 2016 & batch' Per contra, the learned Government Pleader' whiie admitting 4) thc fact. thaL thc pc[ittoner has bcen working as Part Time lecturer in trnglish in Respondcnt No 4 Coilegc ' has submitted that in W.P.No.2o3TOoflgg3,thisHon,bleHighCourtwhilesettingaside the termination of the petitioncr has held that the action of the the services of the petitioner 1s ln Managemen t in termlnatlng Education Act, 1992' and concluded violation of SecLion 83 of A'P that the Government has to consider the case of the petitioner for ' 1zozo1 z scc 569 , 2018 (4) 6 (D.8.) -4 PK,.] r,) aa86 201g l 1 regularLzit .i t1 post in re s::,( Writ Appc,r I :ri his serwices keeping in vierv thc ,r-o.., tr ad of aided r LcLent No.4 college and the same u-:t s r:c nlirrncd in :.1132 of 2OO2 dzrted 04.O4.2002 .1.

15.10.1,1!r:] No.4 Cc,li,:1,. on rhc albc \,1 regularizatir,r G.O.Ms.No.,. sen,ices c: f the services r the ma ttr: ' r r,:re brr:, based ireclions, the Management Comlnil te , r i -cs;ronclent r :.s submitted proposals to respon,1,-n r, , 3 office lbr rf services of the petitioner. Af tcr. rl-r r I erificatton, s addressed to Governmcnt lor. rc3t rla nzalion ol l.e petitioner in terms of C.O.ltt.\ r.l2g. cl:,rted r\ccordingly, the Governmcnt t,r k rrls of <lated 09.08.2O04, has issuccl or clcr-. r-,:qrrlarizrug thc pctitioner $rith prospcctive cllcr: : n:l tht: saicl r: nmunicated to Respondent No.,l r iol lcge duly t r :: serwices of lhe incumbent vidr: l)r:)c, )cdirlgs of \l 12 dated 21 .O9.2OO4 :rnd the regr.thr L; irL on orclcrs 'f ::t from the date o[ issuancc ,rl I r rt t edings ot. ',tr r 2. It- is furthcr submitted the t :r th: timc ol- lssuance Lt r ',.tLlartzation orders, Contribrttor_r. l)e: t: tar r Sr:heme (CPS) we.s I rr : -nplemented. CpS schemc and cl is pr_ n ;e o I rt:gular penslon olcc : wcre issued by the Governntcnl Ms.No.653, li itnce (pension-I) Department, datec regularir'nil came ir: trr r icle G.O G.O. w€rs rCspondisn t re sponclc:1t ').2 .O9 .2004, u,ith retrosgre r: r,.e effect from 01.09.2004_ Furthe r, l the petitiorrr r u'as rejectcd by the Govcrn[r(]nL vir [e Memo No.2775lt::L',1 r. /2014, dated 13.02.2017, and saicl rciq,;1i6n w25 o equest of -5 PK, J wP_8886_2019 informed vide proceedings in Rc'No'314/Admn' 1/ 2O 14' dated 26.02.2018, through the Correspondent of Respondent No'4 college. It is further contended that the cases of the individuals mentioned by the petitioner pertain to absorption of staff into grant-in-aid and not rcgularization ol services in tcrms of G.O.Ms.No.328, dated i5.1O.1997' Therefore, the petitioner cannot seek parity with the said individuals and the respondents are justilied in regularizing the services of the petitioner with prospective effect and therefore it is prayed to dismiss the writ petition. Reliance has been placed on the order datad 13 72'2024 passed in W.P. No.6217 of 2024 ' 5) This Court has taken note of the submissions made by the respective counsel and perused the material on record' I I 6l As can be seen from the record, evidently, the petitioner was appointed as Part Time Lecturer (English) in respondent No'4 College on O7.01.1985 in un-aided post and he continued as such till the academic year lggl-1992' As respondent No 4 refused to permit the petitioner to perform his duties for the academic year lgg2-lgg3 and orally terminated his services without any notice' the petitioner approached this Court and hled W'P'No'2037O of lgg3.ThisCourtallowedthesaidwritpetitionvideorderdated 04.O4 .2OO2 directing the respondents to regularize the services of 6- PK, J \.p 8886 2019 the petiliorLt r- ither retaining him in respondent No..r cr lrege or to accommorlir r: I im in some other needy college, ats prtr p: occedings dated 0,1. 1 O I 98 issued by the Government. l\961r ev:d by the said ordc r, I r: rondents have preferred writ appe al a I cl lhe same u,as alsr I r; r ssed vide judgment dated. 30.09. j2()O: in Writ Appeerl Irlo.1,1., I of 2OO2. Thereafter, in complrerncc of rhc sairl orders resJrc n l,.rnt No.2 has issued proceedings i:t R:.No.333/ Admn.VII'L/,, dated 30.07.2003, instructing resporrler.t N..4 to appoint [h c rr r Ltioner into services as part Timc Lt.c ,Lrr er in the cxisting r/itclln , Ln the hrst instance and then to sr_r rrnil proposal for regule riziLt l.t-': of his services. Accordingly, resytcncent No.4 College tcol: : :lecision on 1 1.Og.2003 to engagr: th: )etitioner again as a P,r-t 'irne Lecturer. 7) Herr:, 1 s pertinent to note that in its orcl,rr ctatcd o4.o4 20?_2 r of the fzrr:r r l ir retirement r 1' r English, ir: r: sJ to forrvarc prcJr serviccsofltr issued proc cr ( regularizing ,1r: ' .P. No.20370 of 1992, this Court cul.. tal:ing nore Jre vacancy arose on 30.01.2002 o r ,rccoLrnt of r e P.Pratap Reddy, who worked as Lc<turer in :,ndent No.4 College, has directed the r,:sl,ondents , ;al to the competent authorit5r for regrrJ rri uation of 'ctitioner. However, finally, the ( icrt.r,in.ent has irrgs vide G.O.Rt.No.494, datt:cl t),.t.{tg.2OOO, :iervices of the petitioner with prospe,:ti,.,e effect 7 PK, J wp_8886 20 19 and consequential proceedings were issued on 2l 'O9 '2OO4 by respondent No.2 regularizing the services of the petitioner as English Lecturer. It is further seen from the record that in case of one Dr.R.V. Anuradha, who was a lecturer in English in Pragathi Maha Vidyalaya, Hyderabad, the Government has regularized the services of the individual lrom the date of arising of aided vacancy trorr. O|.O2.2O00 on notional basis. In the said case, though the services of the individual were regularized w e'l' 16'02'2001, but duly considering the fact that aided vacancy arose on 01 02'2OO0 consequent upon retirement of Estaphen on 31 O1'2O00' the services of the individual were regularized from Ol 02 '200O on notional basis. In the case on hand, though the vacancy arose on Ol.O2.2OO2 consequent upon retirement of one Sri P Pratap Reddy on 3 1 .0 1 .2OO 2 and' in spite of specilic directions ol this Court in W.P.No.2037O of 1993 vide order dated O4 04'2O02 to send proposal for tegularrzation of services of the petitioner in the place of Sri P. Pratap Reddy, the respondents took their own time to regularize the services of the petitioner depriving of his valuable right for pension under Revised Pension Rules, 198O' and for the delay on the part of the respondents, the petitioner cannot be penaltzed. Therefore, this Court is of the considered view that the respondents ought to have regularized the services of the petitioner from the date of arising of vacancy i'e' O1 02 '2OO2 in view of the ; -8- PK, J \r.p 4886 2019 directi:nr; , this Court in order dattrc Oq.O4.2OO2 in W.P. No:10:,0 of 1993 to regularize the servir:es ,rl ttre petitioner and as ,,r.trs r r re in case of one Dr.R.V.Anuradha. 8) 'I'ho r-r 11 the rcc rt, :t. . Governntent and th,: i. Rc.No-31 .1 /rr Corresporr,l, rr :he learned Government pleacler has strt mitted that of thc petitioner was already re jr r:tr:cl lty the 'rle Memo No.2ZZSICE/A2l2Ol4, rlarerl I 3.O2.2017, I rejection was informed vide J:r rct edings in tnn.l /2074, dated 26.O2.2018, tLrrl)Lrgh the t of Respondent No.4 College, but the n raterial on r indicate service of said rejectic,n ( rclrtr on the . Irt rrther, the record do r( pe titionr: - r I a . ing him to take necessary legal srt,ps order darr rrrl 1 | O2.2O1T is also bereft of reasons. T te; cfore, the contcntion ,,I lhc learned Government pleacler rrr 1l is regard cannot be, corL :nanccd. r t r seeking gr€tr 9) Th: rr rl made a r-r.11c -ial on record further reveals tha t ,l.t: petit.ioncr , :n tation to the Director of Collegia t( i )clu cation be nefits on par with other lecturcrsi u h .,sr. serviccs were also r,:t l: rrized as per G.O.Ms.No.32g, Dared 15. 10. 1997_ But, said zn_r Jr,- [.v is not competent to address thc gncr,.rr ce of the petitioner. '.lre .:fore, in the above backdrop, this Cctrrt Ccems it approprianr _r :::rmit the petitioner to make a suitirl,le detailed represen [Erl_io n respondent No.1, upon which, r.espond,:nt No. 1 9- PK, J wp 8886_2019 to consider the same without reference to earlier rejection order dated 13.02.2017. 10) Accordingly, the Writ petition is disposed of permitting the petitioner to make a suitable and detailed representation to respondent No. 1 within a period of two weeks from thc date of receipt of a copy of this order, upon which, respondent No.1 shall consider the same and pass appropriate reasoned orders in the light of the observations made by this Court in paragraph No.7 of this order and without reference to earlicr rejection order vide Memo No.2775 I CE / A2 I 2Ot4, dared 13.O2.2O IZ. Miscellaneous petitions pending, if any, shall stand closed No costs. i/TRUE COPYII SD/- P. PADMANABHA RED DY PUTY REGISTRAR SECTION OFFICER partment s h "' Education Secretariat, ",.iJ*:' tt t"sour"f:,i3 rd u n?l Iffi I?:.33ff'*ioner of collegiate Education, Tetansana state, Nampary, Joint director, tntermediate Education, Warangat, Warangat J[:r,5"n,onu, The Secretary and Correspondent, L.B_College, Warangal, Warangal District One CC to SRI SRtN|VASA RAO MAD|RAJU, Advocate tOpUCI Iffi":f.:Jif,irioR.SERVICES-|, Hish court ror the state or reransana ar Two CCs to Gp FOR HIC lelangana at Hyderabad fo'#fi* Two CD Copies EDUCATIoN' High Court for the state of \ To, 1 2 J 4 q

7. BSR GJP HIGH COIJF T DATED:09 t(t612025 CC TODAY ORDER WP.No.8886 of 2019 * =::= - Z.ii;r.,i 6 q J o L) 1 2 ,r,,ll ? 025 Z ): .1' i \=-: _ ., I .'rl ) DISPOSINCi )F THE WRIT PETITION, WITHOUT (;( }STS )--- \ \r) arr,