V. Radha, W/o v. Kurn R/o H N o
Case Details
Acts & Sections
20. Smt. Komire Bhaovan H. No 1 -20 e a na a m eeo 'l 7. B. Chennamma. W/o B .Shankaraiah Aged about 4 yez.:. occ. Sweeper RIo -i paili,'i4; ri;ffi Bilslidrstri ct 18.Smt Manqamma J. Wo Sattaiah Aged about 40.years rcc Helper Rl/o H. No. C-274 Man i konda, K"it6;a;'M;;;, r]ilijj_ronrse . Disrrict 19.Smt. Jayamma, Wo I r,r o r :siri'ril,,j,;;"Jo j'i,?'ilTfj[ Ao;i3i3tf:, vea rs,cc H e r pe r R/o H yea rs o cc H e ipe; Ry; il i., b: 5:i']11 #iilISfi,JH iffi :[?b,,ifl :9.; ? i:[,40 21 Smt. Govindamma, Wo Madhavulu Aged about I t;I#llt , )cc Hetper R/o H. r.ro. r s-z-idl', 'rirlioJru"o,puly Mahabubnanr, " 8,ff'[i$?ff';r:i%rtJr[:'J:iBLfgit about si vea,:j occ Herper R/o 23. Smt. N. Laxmi, D/o Kurmanna Aged about 52 years, Ocr; lielper R/o H NO. 24.V. Radha, W/o V. Kurn R/o H N o 1 _ 25.Smt. Laxmamma. W/o K.-Jangaiah Aged about 39 years, r);c. Helper R/o H. 26.M. Vasantha, S/o Cher 6 - 3- 8 7/8, H a n u m a n p u ra, M a h ; b u"b ; ; ; ; 6]";.i ", 2, R;;;;h;#;p ;E*1'f,,[ff"",.r: ffi [:fl JrTffi ;3j,9 rti,' l?, No. 1 -52 S hiva taya m, Ba noa rfi eeo ipail;"rr,,;il;;;""asa r _, i: trict S h ivaj i na ga r, B, b,e:fi ;p.. t t et p e r N o 2 - 57 t 1 27. E. Mogulamma. D/o venkataiah Aged- about 47 years,Occ I elper R/o H NO 3-STMachanparry,namachinJrip=r-r"rrL"n"Jr-dnl[Lroi.tn,, ;;;][il:lrifl :f, "B:B,n:33, "d AND ..PETITIONERS 1 z of relangana, Rep by its J_oint secretary to cover r,,rent , Hioher Il: -s-lgl" tr d u ca t i o n De pa rt m e n t. re t a n g n a n a S e.iJ#i."i"Hrvl"ur., o, o The Registrar, palamuru University, Mahabubnagar District. f _.langana ... F ESPONDENTS Petition Under Article 226 ot the Constitution of India p.i,r).ing that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction more particurarry one in th ; nature of writ of mandamus decraring the action of the 1sr respondent r .rot absorbing /regularizing services of the petitioners though the 2nd responderr: ras addressed a Letter to the 1.r respondent on 23_5_2016 for absorption,rr,:r lu Ia rization of services of the petitioners as they are erigible as per the Go.lrrls I,ro.212, dated. 22-4-1994 and also as per the criteria laid down under Para 53 of the Judgement' Uma Devi(1 supra) is illegal, arbitrary and u ncon stitutio na I and violation of Articles 14 and 16 of the Constitution of lndia and consequently direct therlsr respondent to absorption/regularize the services of the petitioners as per the Letter addressed by the 2nd respondent to the 1st respondent on 23-5-2016 for absorption/reg u la rizatio n of services of the petitioners and as per G.O.Ms.No.212, daled.22-4-1994 and also as per the criteria laid down under para 53 of the Judgement Uma Devi(1 supra). |.A.NO:1 OF 2022 Petition Under Section 'l 51 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 1st respondent to pass appropriate orders ron the letter vide_ Lr.No.03S/Admn/PU/MBNR/20'16, dated. 23-5-20i6 addressed by the 2nd respondent requesting to favourably consider the case of the petitioners for absorption/regularization of services under the new enabling provision of the State Government. Counsel for the Petitioners : M/s G.UMA RANI Counsel for the Respondent No.1 : AGP FOR HIGHER EDUCATION Counsel for the Respondent No.2 : SRt K.JAGADISHWAR REDDY The Court made the following ORDER , HON'BLE MRS. JUSTICE SUREPALLI NAh DA WRIT PETITIO N No.1684O OF 202',2 ORDER: Heard Smt. G. Uma Rani, learned couns(-'l appearing on behalf of the petitioners, learned Assistant Government Pleader for Higher Education, appearing on behalf of the respondent No.l and Sri K. Jagadishwar Recltly, learned Standing Counsel for Palamuru University, Mahabubnagar District, Telangana, appearing on behalf of t espondent No.2. 2, The oetitioners aooroached the Court setrl inq praver as under: "...to issue a writ order or direction more :,articularly one in the nature of writ of mandamus declr ring the action of the 1't respondent in not ac;orption/ regularizing services of the petitioners thouglr the 2nd respondent has addressed a Letter to the 1't r,.l:,pondent on 23-5-2016 for absorption/regularization of s,e rvices of the petitioners as they are eligible as ler the GO.Ms.No.212, dated. 22-4-1994 and also as per the criteria laid down under Para 53 of the Judgrn lnt Uma Devi ( 1 supra) is illegal, arbitrary and uncon:; itutional and violation of Article 14 and 16 of the constl ution of india and consequently direct the 1st .respc r,dent to absorption/regularize the services of the petil i,)neTS as 2 SN. J \rP 16810 2022 per the Letter addressed by the 2nd respondent to the 1st respondent on 23-5-2016 for absorption/ regularization of services of the petitioners and as per G.O.Ms.No.212, daled.22-4-lgg4 and also as per the criteria laid down under Para 53 of the Judgment Uma Devi( 1 supra) and pass...".
3. The case of the oetitioners in brief as oer the averments made in the affidavit led bv the oetitioners in su DDort of the Dresent writ petition is as under: The petitioners are temporary non-teaching employees of the 2nd respondent University. The petitioners have submitted representation to the 2nd respondent on 20.05.2016 for regularization as per G.O.Ms.No. 212, dated 22.04.1994. Basing on the said representation, the 2nd respondent addressed a letter dated 23-05-2016 to the 1't respondent to consider the case of the petitioner for a bsorption/ reg u la rization of petitioners' services. The petitioners also made another representation for implementation of G.O.Ms.No.14, Finance (HRM-1) Department, dated 19.02.2016 for enhancement ot consolidated salaries and a bsorption/reg u la rizatio n of petitioners' services. The 2nd respondent issued proceeding dated 02.0I.ZOt7 for I -) SN. J \\I 16840 2022 enhancernent of consolidated remuneration to i1,l petitioners without regularizing the services of 'the petitioners. The petitioners are working in the 2nd respondent U.nive r;ity for more than 10 years but the 2nd respondent has not rt:1 ularized the services of the petitioners even as per G.O.Ms.l\1r.212 dated
22.04.7994. Aggrieved by the same, the petitioners approached the Court by filing the present writ petition. PERUSED T HE RECORD
4. The learned Assistant Govern ment Pleader for Hiqher Education, Government of Teleanqana appearinq on behalf of the resoondent No.1 brinqs orr recgrd Lhe oroceedinqs vide Memo No. L34O/UE/AL/2O23 dated 07.o4.2025 issued bv the Secr tarv to (iovernment Government of Telenaqana, Hioher Edu<:a tion (UE) Deoartment is extracted he reunder: .GOVERNMENT OF TELANGANA HIGHER EDUCATION (UE) DEPARTMEN-I' Memo. No. 1340 / UE/ AU2023 dat::rl 07.05.2025 Sub: Palamuru University- Request for regularizat c.t of the Non- Teaching stalf - rejected - Orders -Issued. Rei: 1. The Registrar Palamuru University, MahaL uonagar made Lr. No.035/Admn/Pu/MBNR/2016, v 4 SN. ] np lrr8-10 2022
2. The Registrar Palamuru University, Mahabubnagar Lr. No. 1 55/Admin/PU / 2023, dated 16.08. 2023. 3. The Registrar, Palamuru University, Mahabubnagar, Lr. N o. 1 34 7/Ad min / PU / 2025, d ated 74.02.2025. Adverting to the reference 1st cited it is to inform that, Government have examined the proposals received there in and found that, the regularization of the non-teaching Staff Services is not feasible, in view of direction of the Hon'ble Supreme Court in "Uma Devi's case and also as per the Orders of the Hon'ble High Court dt: 79.11.2024 in WP No.10744, 11643, 13223 and 14300 of 2023 which reads as follows. "Conclusion:-64. In view of forgoing analysis, Section 10-A of the Telangana (Regulation of Appointments to public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 is declared as ultra vires and consequently set aside. Contractual employees, who were already regularized, need not be terminated. Henceforth, the State Government shall fill up the posts in accordance with law and not by regularizing the contractual employees."
2. It is further observed that as their services were neither engaged duly following recruitment process nor by following the rule of reservation. Since they were engaged purely on temporary basis in exigency of work, as such the case for regularization of the Non- teaching staff at Palamuru University cannot be considered and not permissible as per ru les.
3. Therefore, the proposal of Registrar, rejected accordingly. Mahabubnagar is hereby Sd/-xxx DR.YOGITA RANA SECRETARY TO GOVERNN4 ENT To The Registrar, Palamuru University, DISCUSSION AND CONCLUSION:- 5. The learned Assistant Government Pleader for Higher Education, Government of Teleangana appearing on behalf of the ) SN. ] \\p_t6840 2022 respondent No.1 contends that the request of the ),)titioners for absorption/regularization of services of the petition:: s as per the letter addressed to the 2"d respondent to the 1tt r,:spondent on 23-05.2016 had been considered and rejecte(i vrde Memo No.1340/UElA1/2023, dated 07.04.2025 of the !iecretary to Government, Government of Telangana, Higher Erltrcation (UE) Department vide and therefore, the cause in the tresent writ petition does not survive for adjudication.
6. The Iearned counsel appearing on behalf of the petitioners further submits that the request of the petitioners for absorption/regularization of petitioners in non-teaching staff had been rejected uide Memo No.134OlUE/AL/2O23, dated 07.O4.2025 by 1" respondent and further the prayer of the petitioners pertains to not only for considering the oetitioners request for absorption/ regularization of the s,ervices of the petitioners as per the letter addressed by the 2nd respondent to the 1't respondent dated 23.0Ii.2016 but also for consideration of the case of the petil ioners for regularization as per G.O.Ms.No.212, dated 2 2.O4.L994 4 6 \\I t\D I6810 :0ll and also as per the criteria laid down under para No.53 of the Judgment in Uma Devi case.
7. The learned counsel appearang on behalf of the petitioners however contends that the proceedings dated O7.O4.2O25 issued by the Secretary . to Government, Government of Telangana, Higher Education (UE) Department i.e, 1't respondent had not been served upon the petitioners as on date and therefore, liberty may be given to the petitioners to challenge the Proceedings dated O7.O4.2O25 issued by the Secretary to Government, Government of Telangana, Higher Education (UE) Department i.e. .1"t respondent. Takino into c nsideratio n : - (a) The aforesaid facts and circumstances of the I case, (b) The submissions made by the learned counsel appearing on behalf of the petitioners and !earned Assistant Government Pleader for Higher Education, appearing on behalf of the respondent No.1, *7 ( 11 7 SN, J \\t t6840 2022 (c) The contents of the Memo No.134Ol UEI AL/ 2O23, dated 07.O4.2O25 issued by 1"t responcle nt. (d) The prayer as sought for by the petitioners for absorption/regutarizing the services of the gretitioners as per the letter addressed by the 2"d respondelrt to the 1"t I respondent dated 23.O5.2OL6, had been corr:;idered and rejected vide proceedings dated 07.O4.2Ot25 is;sued by 1", respondent, which however had not been ch rllenged by the petitioners as on date. This Court opines that petitioners are not entifled for grant of relief as prayed for in the present Writ petition, in view of the subsequent proceedings, dated O7.O4.ZO2S issued by the 1't respondent. The Writ petitiolr is disposed of giving liberty to the petitioners to challengycr the Memo No.134OlUE/AL/2023, Dated 07.O4.2O25 is:;rred by the Secretary to Government, Government of Telangana, Higher Education (UE) Department rejecting the request of the petitioners for regutarization of services of the petitioners. However, there shall be no order ir!; to costs. 8 I SN. J \rP I6840_2022 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPYII SD/-B.REKHA RANI ASSISTANT REGISTRAR @ SECTION OFFICER To SA/B
1. The Joint Secretary to Government, State of Telangana Higher Education Department, Telangnana Secretariat, Hyderabad.
2. The Registrar, Palamuru University, Mahabubnagar District, Telangana. 3. Two CCs to GP FOR HIGHER EDUCATION, High Court for the State of Telangana at Hyderabad. [OUTI
4. One CC to M/s G.UMA RANI, Advocate [OPUC] 5. One CC to SRI K.JAGADISHWAR REDDY, Advocate (OPUC) 6. Two CD Copies rt! - C.C. TODAY ( oa I t-( T4 1/ li 2[6 't> {a \ * si): I \-'t''- :, HIGH COURT DATED:1 810912025 ORDER WP.No.16840 of 2022 DISPOSING OF THE W.P WITHOUT COSTs.