S. l\ilegha Mala v. 1. The Government of Telangana

Petition Under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ rrf Mandamus under Article 226 of Constitution of lndia in declaring the ar:tion of the respondents in issuing the G.O.Rt. No.'107, d|.1310212013 issued by the then 'lst respondent anrj also consequential proceeding Rc. No.43lA2l2O13 dt.1610212013 issued by the 6:h respondent herein in appointing the pelitioner on compassionate grounds in Ttlr respondent college on purely temporary basis and the said portion which is a(lainst to the petitioner as illegal. arbitrary and violative of article 14, 16 and 21 of tlrr: constitution of lndia and consequerrtly direct the respondents to appoint the pr:titioner herein in any other Government needy college on regular basis by absorbing/regularizing the services of the petitioner by counting the service rendered by the petitioner as a class -lV employee ',rv.e.f. 08/04/1996 for all other purposes with difference of arrears of pay includirrg for pensionary benefits to the petitiorer herein. l.A.NO:1 OF 2022 Petition under llection 'l 51 CPC praying that in the circrrmstances stated in the affidavit filed i1 s;upport of the petition, the High Court may be pleased to direct the respondents to appoint the petitioner herein in any other Government needy college on recular basis by absorbing / regularizingl :he services of the petitioner by countin3 the service rendered by the petitioner as a class-lV employee w.e.f . 08/04/1996 forthwith, pending disposal of th€r main writ petition. Counsel for the Petitioner : SRI SADU RAJESWARA REDDv Counsel for the Respr>ndent Nos.1, 3, 6 & 7 : AGP FOR EDLICATION Counsel for the Respt>ndent Nos.2,4 & 5 : .- The Court made the following ORDER .// ,'t HON'BLE MRS. ]USTICE SUREPALLI NANDA WRIT PETITION No.17995 ot 2022 ORDER Heard Sri Sadu Rajeshwar Reddy, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Education, appearing on behalf of respondent Nos.1, 3,6 and 7.

2. The petitioner approached the Court seekinq prayer as under: "...to issue an appropriate Writ, OrdeI or d,rection more particularly one in the nature of Writ oF Mandamus under Article 226 of Constitution of India in declarinq the action of the respondents in issuing the G.O.Rt. No.107, dt.13.02.2013 issued by the then 1't respondent and also consequential proceeding Rc. No.43lA2l2013 dt.16.02.2013 issued by the 6th respondent hcrein rn appointing the petitioner on compassionate grounds in 7rr' respondent college on purely temporary basis and the said portion which is against to the petirioner as illegal, arbitrary and violative of Aiticle 14, 16 and 21 oi the constitution of lndia and consequently direct the respondents to appoint the petitioner herein in any other Government needy college on regular basis by absorbing/regularizrng the services of the petitioner by counting the service rendered by the petitioner as a class -IV employee w.e.f. 08.04.1996 for all other purposes with difference of arrears of pay including for pensionary benefits to the petitioner herein and pass..." 2 s\' I .\ l, ll-r,,r lrrll ase of the oeti ioner in bri ef as per the t 3 averments ma n h affidavit filed b supoort of :he present writ oetition is as u l!.el€r: The petitioner was appointed as a contin!lent employee on

08.04.1996 on compassionate grounds. The 2"'i respondent rejected the claim of the petitioner vide proceedings dated

01.12.2007 to absorb the petitioner in other junior college and aggrieved by the same, the petitioner filed W.P. No. 5474 oF 2008 and thi:i Court allowed the said writ petition directing the respondents tl appoint the petitioner as Class-IV employee. But the responderrts willfully disobeyed the order passed by this Court. The respondents preferred Writ Appeal No. 740/2011 against the orrler dated 16.11.2010 passed in W.P. No. 5474 of 2008 and the same wad dismissed on 17.11.2021", Thereafter the responcjents passed G.O.Rt.No. 107, datr:d 13.02.2013 directing the 2l"d respondent to appoint the pe:itioner in any Government Junior College on purely temporary basis and also consequential proceedings dated 16.02.2013 had been issued by the 6tn respondent in appointing the petitioner on (:ompassionate grounds in 7tt' respondent college on purely tenlporary basis. Aggrieved by the same, the petitioner filed the present petition. /t , ,l Sr"{. J wP 17e95 2022 Hence filed the present writ petition for regularizing the services of the petitioner by counting the service rendered by the petitioner as a Class-IV employee w.e.f. 08.04.1996.

4. PERUSED THE RECORD (A) The order impuoned dated 13.O2.2013 issued bv the respondent No.1 is extracted hereunder: GOVERNMENT OF ANDHRA PRADESH ABSTRACI Private Aided Junior Colleges - Smt.S. Ivlegha l.,lala W/o Late S.Meliesham, contingent employee, Chanikya lunior Cole (Aided) Panjagutta Hyderabad - Compassionate appointment - Hon'ble High Court Orders dated 16-11-2010 in W.P.No.5474 of 2008 - Permission accorded - Orders - Issued. HIGHER EDUCAIION (IE, i 1) DEPARTMENT G. O. Rt. No. 107 Dated : 13 -02-2013 Read the following : - 1 Orders of Hon'ble 16- 1 1-2010. High Court in W.P.No.5474 of 2008, dt:

2. Representation of Smt.S.Megha Mala, W/o Late S.Mallesham contingent employee, Chanikya Jr.College(Alded), Panjagutta, Hyderabad dated 10-01-2011.

3. Hon'ble High Court interim orders dated 20-9-2011 in W.A. No.740 of 201 1

4. Hon'ble High Court orders dated l0-2-2O12 in C.C.No.981 oF 201 1

5. Hon'ble High Court Interim orders dated 10-09-2012 in WAVMP No.1938 of 2011 in W.A.No. 74O of 20lt

6. Hon'ble High Court Notice in Contempt Case No. f977 of 2012 datedi 07-12-2012.

7. From CIE.Lr. Rc. No.Admn.IB. 1/739 /2007 , dated: L7-o1-2o13 B. From CIE.Lr. Rc. No.Adm n. IB.1/739/2OO7, daled:7-O2-20L3 9. From CIE. Lr. Rc. No.Ad mn. IB. 1/739 / 20o7, dated:08-02-20 1 3 J ORDER \\ I lt,)ei t, r:: - Smt.S.N4,:gha Mala, W/o Late S.Mallesham contrr,gent employee/ Chanikya -lr. (,ollege(Aided ), Panjagutta, Hyder;rbad has filed W.P.No.5474 o'2008 for compassionate appointment as her husband (Late S.Mallesl^am contrngent employee (un-aided po:;t) of Chanakya Junior College Idefunct], Hyderabad) expired on ,r:;-04-1996. The Hcn'ble Hiqh (-ourt in the reference 1't read abrrve, "directed to respondents 1 1o 3 to appoint the petitioner as a Clas s-IV employee in any other needy Junior College as was done in tlre case of Sri V.Srinivasa Rac granting due relaxation of the rules, if required. This exercise shall tre completed expeditiously and, in arry even not later than three monlhs from the date of receipt of a copy ol'this order."

2. In the reference 2nd read above, Smt.S.lulegh,r Mala, W/o Late S.Mallesham cc,ntingent employee, Chanikya Junior College (Aided), Panjagutta, Hyderabad has requested the Governmrrnt to implement the Hon'ble Hirh Court orders dated 16-11-2010 in W.P.No.5474 of 2008.

3. The Dep:rtment has filed W.A.No.740 of iOlI before the Division Bench f f High Court and the Court in its In,rlrim orders had stayed the Hon'ble Court orders dated 16-11-2010 ir \V.P.No.5474 of 2008 in the .ef:rence 3rd read above. Accordingly, .lre Hon'ble High Court has dism ssed the Contempt Case No.981 of ,lrl11, which was filed by Smt.S.t'{egha Mala, S/o Late Mallesham in t-€r reference 4th read above. Lat,rr, in the reference 5th read above, tl'e Division Bench of Hon'ble High Court has vacated the Interim order!; in Writ Appeal No.740 of 2011 in its orders dated 10-9-2010.

4. In the relerence 6th read above, Smt.S.Megha l4ala, W/o Late S.Mallesham contingent employee. Chanikya Junior College(Aided), Panjagutta, Hyclerabad has again filed Contempt Case No.1977 of 2012 for implenlentation of Hon'ble High Court orders dated 16-11- 2010 in w.P.t\io.5474 0f 2008. In the -eference gth read above, the Ctmmissioner of 5. Intermediate Education, A.P., Hyderabad has stated triat Late Sri S. Mallesham was ,lriginally appointed by the managem(:i1t of Chanakya Junior College, llyderabad as a contingent employee in an un-aided post. The Colleg,-. 11135 admitted into Grant-in-Aid with (rffect from 1-4- 1994 by the Government vide Go. Ms.No.378, Educat o.r Department, Government has sanctioned three :ontinqent posts dt.20-10-1994. to the College. The services of Sri S. Mallesham, contingent employee were admitted t,r Grant-in-Aid with effect from 1-4-1')94. He expired on 5-4-1996 wh le working as contingent employee only. He was not .]-he , I ) sN_ i \\'t, t;,)e5 -t0ll converted in to regular class IV employee as he had not fulfilled the conditions stipulated in G.O.Ms. No.9, FSP (FW.PRC-VI) Department, dt8-1-1981 at the time of his death. The management of Chanakya Junior College appointed his wife Smt. S. lvleghamala as Sweeper on compassionate grounds on 8-4-1996 without obtaining prior permission from the Commissioner's Office.

6. The Commissioner of intermediate Education, A.P., Hyderabad, has further stated that the Chanakya Junior College, Punjagutta became defunct during the year 2007 and all the aided staff was redeployed to needy Government Junior Colleges. The request of Smt. S. Meghamala, Sweeper to redeploy her to any other needy college was rejected by the Commissioner's Office as she is not an alded employee. l. The Commissioner of Intermediate Education, A.P., Hyderabad has also stated that as per A.P.Last Grade Service Rules as per Annexure-l of G.O.Ms.No.565, General Administration (Ser.8) Department, dt. 24-lO-L992 for appointment to the post of Sweeper one must be able to read and write Telugu or Urdu or English. But, as seen from the Affidavit filed in the High Court, the individual has affixed her thumb impression, which shows that she is illiterate and not even able to read and write. Further stated that on perusal of a copy Medical certificate issued A.P. Vaidya Vidhan Parishad. Hyderabad Smt. S. Meghamala was 26 years old as on 30-7-1996. As such her date of birth should be around 1970 and she is aged about 43 now. As per rules spouse of a deceased employee can be provided compassionate appointment up to the age 45 years. B. The Commissioner of Intermediate Education, A.P., Hyderabad has further stated that the contempt case came up for hearing on B-2- 2013. The main case is still pending before the Division Bench. In view of the above, the Commissioner of Intermediate Education, A.P., Hyderabad has requested the Government to consider according permission to appoint Smt. S. Meghamala Wo Late S. Mallesham as contingent employee in needy Government Junior College on purely temporary basrs subject to outcome of Writ Appeal No.740 of 2OlL duly relaxing the relevant rules in order to implement the orders of the High Court.

9. The Government aJtelea ref ul examination- herebv rlerr!.llt the Commissioner of Intermediate Education to appoint Smt.S.Meoha Mala. W/o Malles am on co DA ssionate o rou nds bv relaxino relevant rules in anv needv G overnment J untor Colleqe on ourelv temDorarv basis subiect to outcome of W.A.No.74O of 2O11 pending before the Hon'ble Hioh Court, as m (r SN"I \,, p .9.,j ltrtl -. e. These orders are ADD ti cabl€ : to the Writ \ Pet iti o

10. The Conrmissioner of Intermediate Education, Hyderabad shall take further act on accordingly. (BY ORDER A|,JD IN THE NAtvrE OF THE GOVERNOR OF ANDHRA PRADESH ) RAJESHWAR TIWARI, PRINCIPAL SECRETARY TO GOVEFINMENT(SE) To The Commissicner of Intermediate Education, A.P., Hyderabad, A.P., H ydera bad . Smt.S.Megha ivlala W/o Late S.Mallesham contingent employee, Chanikya Jr. College(Aided ), Panjagutta, Hydr:rabad through Commissioner of Intermediate Education, A.P., ilyderabad, A.P., Hyderabad. (B) Th,: order impuqned dated 16.02.:1013 issued by the resporrd:nt No.6 is extracted hereunder; PROCE,EDINGS OF THE REGIONAL IOINT DIRECTOR OF INTERNlEDIATE EDUCATION : : WARANSAL Present: Obili Rani, M.A., M.Phil Rc. No.43lA2l2 013 Dated:16-02-2013. Sub: f'ublic Services Compassionate ,\ppointments Employn)ent to the dependents of Government Servant who died ',vhile in Service -of Smt. S. Meghamala W/o Late S.lvlalles ram, Contingent employee, Canukya - unior Colleqe (Defunct ) Punjagutta, Hyderabad for appointment on Compas:;ionate Grounds - Appointment Orders - Issued. Ref t. G.O.t4s. No. 1005 Employment and Social Welfare (G) Dept , Dt. 27.72.1974 t@EI 1 SN. I \\'P l-r)q) l0ll

2. G.0.Ms.No.687 G.A (Ser-A) Dept., Dt. 03-10.1977. 3.G.O.Ms.No.215 Gen. Admn. (Ser-A)Dept., Dt. 08.04.1993. 4. G.O.Ms.No. 165 Edn (HE-2)Dept., Dt. 23.07.1996. 5. Govt. Memo No. 347/Ser-A/69-9 GAD, Dt. 15.03.1997. 6. G.O. Ms. No. 504 / GA/Ser - A/ Dept., Dt. 30.0 7. 1980. 7. CiE's Memo No.Ser. ILLA-3/2499/O6, Dt. 18.01.2007. B. G.O.Rt.No.107/HE(IE.II) Departmenr dared 13.02.2013. 9. CIE's Proc. Rc.No.Admn.l9.l/739/2007, Dt. t6.O2.2O13. In terms of the orders issued in the G.O.8th read above and as per the Instructions issued in the reference 9th read above Smt. S.Meghamala W/o Late S.Mallesham Contingent employee Chanukya lunror College, (Defunct) Punjagutta, Hyderabad who died while in service is hereby appointed as Class-V employee purely on temporary basis on compassionate grounds and posted to Government Junior College, Sadasivpet, Medak Dist. in the scale of Rs. 6700-200-7300- 220 -7 960-240-8680-260-9460-280- 10300-300- 1 1200-330- 12190- 360 - 7327 0 -390 - 14440 - 420 - 15700-450- 17050-490- 18520- 530-20 1 10 in th s uhiect to t e outco eo h Hon'ble Hiqh Court. t h wrtt a nn eal nendin r| m t The Principal Government Junior College, Sadasivpet Medak District is requested to admit the candidate immediately and report the time and date of joining of the individual. The receipt of these proceeding should be acknowledged. sd/-oBrLr RANl. REGIONAL ]OINT DiRECTOR To Smt. S. Meghamala W/o Late S.Mallesham Contingent em ployee. H. No.8-2- 1 34l A/ 3 / A, P ratha Nagar Punjagutta, Hydera bad. Copy to the Principal, Government Junior College, Sadasivpet, Medak District. SN. J \\iP t799i 20tl

5. The le'ar-red counsel appearing on behalf c1'the petitioner subrnits thirt tl.rc inrpugned G.O.Rt.No.107 datt',1 13.02.2013 issued by tire l respondent illeg a I and thir consequential Proceedings d.:,:r:d 16.02.2013 issued by the 6' respondent ]S also arlritrary ancl the respondent is bound 1o appoint the petitioner ir ; ny other Government needy collr:cre on regular basis by ab:;or-linq/regularizinq the services of tl-,: petitioner by cor-rntinq thr: ';ervices rendered by the petition(:r as Class-lV employee 0tj.04.1996 for all purposes with ,: difference of arrears oi pay ncluding pensionary beneFits

6. A bare perusal of the record indica-tgs that the petitioner aptrroached this Court on an earlie r occasion bv filino W.P.No.5474 of 2OO8 with praver as un;!9r: "...to isriua .rn appropriate writ order or drre:i on more particulari, one in the nature of writ oF Certiorar t:alling for the rec,rrcs pcrtaining to impugned proceedirrqs Rc No Admn ItlLrT-19 datcd 01.12.2007 and also Proc rnemo No Admn IB1,'739/2007 daled 01.8.2007 issued :\' the 2^d respond,rnt in rejecting the claim oF the petitioner 1:o obsorb the petir.ronci- ir other lunior college and quasl- l.he same and coflsr:quently direct the respondents nerein to ratify/abso b the appointment of the petitioner as ContingIni /Class IV employee in any othcr junicr collcges as done irr Ihe case of other similarly situated st:i' working in the 4 and 5"' respondent college prior to th€ alosure of the said co leqe and to pay the salary of Rs 1375i Rs 4125/ and along with revised pay scales along with ,rrrears of salary of tire petitioner and to pass..." I 9 SN. J \\,P l1)\)5 20ll The said writ petition had been allowed in favour of the petitioner vide )udgment of this Court dated 16.11.2010 passed in W.P.No.5474 of 2OOB observing as under The mattcr may be r,riewed lrom yet another a-rg1c. Thr petilioncr rendered 10 ycars of service in Chan.:kya Junior Colleqc, Hyderabad, lvithout protection of Court oihers. Hcr corrDassionate appointrnent against an aided vacancy \yas r accordance with the Government's policy embcdicd in G.O.l'1s.No.281 dated 25.05.1985 and she was entilled to br rcgular-ized if accordancr: therewiti.r. In that vleur of thi.l matter, she lvould also be t,ntitled lo regulcrrization Il service as per the observations of the Suprenre Cou[t rn SECRETARY, STATE OF KARNATAKA V/S, UMA DEVI. In iTS subsequent JUdgmcnt in STATE OF KARNATAKA V/s. L. KESAR the Supremc Court while dealing with thrs aspcct obscrved that daily r'vage/casual/ad-hoc employees who fulfilled requrr-ements mentioned in para 53 of Ul'1A DEVI wr-luld be entitled to regularizalion in service as a onc-tin]c measure. The facts of the case on hand demonstrate thal the petilion€r more than fulfilicd thc said requiren.ents. Shc 'would therefore be entiticd to the protection aFforded lly the afores[.][ed iudqments of the Suprenre Court and bc placed on par with V.Srinivasa Rao. 1 The imDuqned oroceedinqs dated O1.08.2OO7 be a direction to resDondents 1to 3 to aDooint the oetitioner as a Class-IV emplovee in anv other needv 7 a r e s done i l() SN. J wl, t7er5 20ll Thi V.Srinivj$a, Rao qrantinq due relaxation of ti e rulet if req u ir 911r pleted expeditio,.rslv and in anv event not later tttarr three months fr-om the date of receipt of a coD v of his orde r... " exercrse

7. Aqqrieved bv the said order datec 16.11.2010 passed in W.P.No.5474 of 2OO8, the Government had preferred W.A. No. 74O of 2O11 and th 1 same was dismissed bv the Division Bench of this Courl. vide order dated L7 .17.2027 in W .A.7 40 of 20 11 (l l; servinq as u nder: - "...Undispute dly, respondent No.1/writ petitioner- s servrr,g since 08.04.1996. The learned Single Judge has dir=cted her case to b(: ccnsidered with the Government policy cmbodied in G.O.Ms.No.2B1 dated 25.05.1985 and also 1 ,,,,-ping rn view the lurlgment delivercd by the Supreme Co,.ir t in the case of Secretary, State of Karnataka vs. Uma Devi1. This Co urt keED rn o in view the fact !h at the emoloyeq v4as appointed on compassionate _grounds and she ha3; put in requisite vears of se rvrce reoutre (l for consldet atjon foj reqularisation. does not f ind anv reason to interfere with the order Dassed bv the learned Sincr e Ju ct al e. The admission is decline c. Accordin_oly, the writ appeal stands dismissed sN. i wl, I79()i l0l2 Learned Government Advocate is fair enough in informrng lhis Court that the Chanakya Junior College h,:s ber:;r llosr,:d. Thereforc, keepinq in vicr,v the direciion grvlr- by t:rir learned Srngle Judge, the rcspo n de nt/Sta [c rs cert<,rnly undcr an obiigal.ion to accommodale her in somr: othcr Lolleg e. Miscellaneous petitions, if any, shall stand closed There shall be no order as to costs " B. This Court opines that the respondents are bound to implement the orders dated 16.11.2010 of this Court passed in W.P. No.547r+ of 2008, in vievv of the dismissal oF the \t/.A No.740 of 2011 preferred by the respondents against the order in favour oF the petitioner dated f6.11.2010 passed in W.P No.5474 of 2008 (referred to and extracted above) Takinq into consideration: (a) The aforesaid facts and circumstances of the

9. ca se, (b) The submissions put forth by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for School Education, appearing on behalf of respondents, -EE!- 2 sN..l wt, [vea 20]2 (c) The observations of the Division tlench of this Court dated t7.Lt.z0zl passed in W.A.No.74O ot 2All (referred to and extracted above), The Writ Petition is allowed rl irecting the respondents to consider the request of :ire petitioner seeking appointment of the petitioner h erein in any Government needy college on regular basi:, duly taking into consideration the services rendered by ihe petitioner as Class-IV employee w.e.f. O8.O4.1996 as d,v-ected by this Court vide its orcler dated 16.11.201o passed In W.P.No.5474 of 2008 which had been conlirmed by the Division Ben,:h of this Court in favour of 1.he petitioner herein, in W.A.No.74O of 2011 preferred by the respondents herein aggrieved against the order dated

16.11.2010 passed in W.P.No.s474 of 2OO8 in favour of the petition(:r herein, and also the rec uest of the petitioner for grant of all pensionery bencfits and other benefits, in accordance to law, and pass appropriate orders within a period of six (6) weeks frorn the date of receipt of a copy of the order and cluly communicate the SN, J \r u r ru\ri )o)l decision to the petitioner' However, there shall be no order as to costs. As a sequel, the miscellaneous petitions' in the Writ Petition shall also stand closed' if any pending, //TRUE COPY// . SREENIVASA REDDY SISTANT REGISTRAR \ SECTION OFFICER ation, T.S. at Nampally, igher Education The Principal Secretary, Government of Tela Department, Secretariat, Hyderabad. The Commissioner and Director, of lntermed Hyderabad The Regional Joint Director of lntermediate, Education Zone-Vll, Nampaily, Hyderabad. The Secretary and Correspondent, Chanakya Junior College (Aided) behind Pun.iagutta Police Station, Pun.jagutta, Hyderabad. The Principal, Chanakya Junior College (Aided)behind Punjagutta, Police Station, Punjagutta, Hyderabad. The Regional Joint Director of lntermediate Education, Warangal, T.S. The Principal, Government Junior College Sadasivpet, It/edak District. The Principal Government Junior College, Patancheru, Sangareddy District. Two CCs to GP FOR EDUCATION, High Court for the State of Telangana at Hyderabad. [OUTI

10.One CC to SRI SADU RAJESWARA REDDY, Advocate IOPUC] 1 1 . Two CD Copies To

2. 3

5. o 7 8 o SA PVL ffi' iirh\.,t It l I, 2rr 'n o A r.t$i) :5!Y ,:i ii +.,7 i_y', /'/' HIGH COURT DATED:0210912025 ORDER WP.No.17995 of 2022 ALLOWING THF: W.P WITHOUT COSTS. @ )tl,t 1 ( I