Sri Marupakula Dayakar Reddy v. State of Telangana, rep

2. Sri Marupakula Dayakar Reddy, S/o M. Mukunda Reddy, 51 years, Occ; employee, Fl/o F.No.104, Sri Sai Gaddam Residency, Vishweshwaraiah Engint:ering Colony, B.N.Reddy nagar, Hyderabad-70. ...RESPONDENT/RESPONDENT .....RESPONDENT/PETIT!ONER Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filerl in support of the petition, the High Court may be pleased to vacate the interirn orders dated 18/09/2020 granted in l.A No 1 of 2020 in WP No 16O12 ot 2O2O. A.NO:1 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fileci in support of the petition, the High Court may be pleased to direct the respondents to pay PRC amount and other benefits to the petitioner pending the writ petition. Counsel for the Petitioners : SRI G.SUBASH Counsel for the Respondent No.1 : GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.2 & 3 : SRI D.RAMAKRISHNA The Court made the following ORDER TIHE HON'BLE MRS. SUREPALLI NANDA 'USTICE WRIT PETITION N o-16(112 oF 2020 ORDER: Heard Sri G. Subhash, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Education appearing on behalf of the respondent No.1 and Sri D.Ramakrishna, learned counsel appearing on behalf of respondent Nos.2 and 3.

2. The Detitio er aooroached he Court seekinq praver as under: "...to issue a Writ or Order or orders or Direction mainl,/ in the nature of Writ of Mandamus declaring the action of the respondents in not paying the pension and retrlal benefits to the petitioner and other colleagues even though they were appointed during the year 2001 in the cadre of driver as illegal. arbitrary, unjust, discriminatory and contrary to Article 14 of the Constitution of India and conse(luently direct the respondents to regularize his servicr:, pay pension and retrial benefits to the petitioner after lris retirement duly considering their representations dated 16.06.2016, 03.03.2016, 12.12.2017, 09.O5.20t7, 09.08..2016, 27.06.2OL5, 25.O7.2OL5 and 14.03.2014. The responCent No.3 sent proposals to the respondent No.1 and 2 on 1(,.06.2016 and 23.02.2019 respectively and pass..." r_ 2 SN,J W.P.No.16012 of 2020 3. The case of the oetitioner, in brief. as oer the averments made in the affid vit filed bv the oetitioner in cr r 66rt?+ ltf +lra ttFacarri wrif De1 + an ia ra rrndar. i) The petitioner was appointed as an Office Subordinate on a daily wage basis on 07.02.1991 in the respondent University, and his services were regularized as a Office Subordinate on

29.OL.2OOl, with regular pay scales and subsequent increments. ii) Since the services of the petitioner were regularized prior to the introduction of the Contributory Pension Scheme under G.O.Ms.No.653, 654 & 655 dated 22.09.2004, the said scheme is not applicable to the petitioner, and he is entitled to pension and other retiral benefits under the old scheme. iii) Though the petitioner submitted several representations dated 14.03.20L4, 25.O7.2015, 27.06.2015, 09.08.2016,

03.03.2016, 09.05.2017, and 12.t2.2017 to the respondents seeking regularization of his services and payment of retirement benefits, and though similarly situated employees who were regularized under G.O.Ms.No.212, dated 22.04.1994, against clear vacancies were extended all service benefits, no action has been initiated by the respondents to extend all service benefits J sNrJ W.P.No.16OL2 ot 2O2O as per law as per petitioner's legal entiilement. Aggrieved by the same, tle petitioner filed the present writ petition.

4. PERUSED THE RECORD:. A)__1Q1Q.Rt.No.166. Hiqher Education (UE) Department, g!E!g!_18.O6.2O16 issued by the resoondent No.1 is extracted hereunder:- GOVERNMEN'| OF TELANGANA ABS'fRAC'T Higher Education Department - Dr.B.R.Ambedkar open University, Hyderabad - Regularization ol services of three employees working in Dr.Ei.R.Ambedkar Open University, t.{yderabad - Permission Accorded - Ordr:rs - lssued. HIG {I]R EDUCATION (UE) DEPAK|MENT G.O RT.No. 166 Dated: l8-06-2016 Reaclthe following:- l. (i.O.Ms.No.2l2. Finance & I,lanning (FW.pC-llD Department, DL,22.04.1994. 2. orders of the Hon'ble High court of Judicature at Hyderabad for the State of T'elangana and the State of Andhra pradesh in w.p.No.g765 of 2015. dt.31.03.2015 filed by Sri M.Mallesh and fourothers. 3. Govt.letter No.2237 luBl201 5- l. FI. t'l (UE) Department, dt.30.04.20 I 5. 4. From the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad, Lr.No.063/Estt./B.lV/20 I 5- I 6. dt.06.05.20 I 5. 5. Go vt. letter No.223 7 luEl20l5-5. tl. tr (UE) Department, dt.26.03.2016. 6. Frc,m the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad, Lr.No 050/Estt./B-ll/20 I 6-l 7, dt.21.04.2016. ORDER In tl-re reference 4th read above, the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad has furnished a proposal in respect of the 4 SNrJ W.P.No.15O12 of 2O2O following employecs at Sl.No.Ol to 05 for regularization of the services in the clear vacancies as pcr G.O. first read above, and ratification of the action taken by the Vice-Chancellor in regularization of the services of the following employces at Sl.No.06 to 26 of Dr.B.R.Ambedkar Open University, Hyderabad : - Sl.No. Namc of the enrployee I 2 J 4 5 'I.Mohan Reddy Mohd.Nazee r Khan M.Mallesh G.tlhagya Laxmi Ch.Renuka

6. B.Kannaiah 7 8 9 l0 t2 l3 t4

17. Ch.Sekharai V.Rama Koteswara Rao N.V.Seshaia h. M.Dayakar Reddy B.Srinivasa Chowdary V.V.Prasada Naidu K.Bhasker N.Narasimh a K.Praveen M.Devanand K.Sivaiah Sweeper Record Assistant Watchman Designation Date of joining 06-04- r 988 11-01- r 988 23-05- I 988 23-09- r988 0l-01- l 988 r8-t0- l99l 0l-06- t99t 0l-10- r99l Sweeper Sweeper Gardener Driver Driver o.s o.s o.s o.s o.s o.s o.s o.s o.s l0-1 l- 1990 07-02- l99l 07-02- r99l 07-02- l99l 04-03- l99l 04-03- t99l 04-03- t99t 06-03- r99t 23-04- Completed 05 years of services as on Date of regular appointrnent 05-04- l 993 l0-0t- 1993 22-05- l 993 22-09- l 993 3t-12- 1992 t7-10- r996 30-05- t996 30-09- 1996 09-l l- 199s 06-02- 1996 06-02- r996 o6-02- 1996 03-03- r996 03-03- 1996 03-03- t996 05-03- 1996 22-04- May,200l January, 2001 May,200l May,200l January, 2001 January, 2001 January, 2001 January, 2001 January 2001 January 2001 January 200r May,2001 May,200l May,200l May,200l May,200l lVlay,200l 5 sNrJ W.P.No.15O12 of 2O2O

18. l9 20 2l .22 :)3 i'.4

26. Sweeper Electrician o.s. o.s A.Bikshapat Y.Damodar Reddy B.Bhagyalax S.Ch.Rama Rao Fathima Begum N.Ramanaia h A.Chennaiah Helper Helper I-lelper G.Lakshmi Narayana E.Srihari Helper Helper t99L 23-10- l99l 0l-06- l99l r 3-03- I 989 5-l I 993 29-06- l 993 09- l 0- l 993 t4-07 - I 993 01-08- I 993 05-09- t993 r996 22-10- 1996 3 l -05- 1996 t2-03- 1994 04-l l- l 998 08-10- l 998 08- l 0- l 998 l3-07- 1998 3 I -07- l 998 04-09- l 998 May,2001 May,200l June,200l June,200l May,200l May,2001 May,200l May,2001 May,200l

2. In the reference 6th read above, the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad has informed that the name of Sri Ch.Rama Rao, who was appointed as Electrician against the clear vacancy through direct recruitment was included in the above list by oversight and requested the Golernment to delete the name of Sri S.Ch.Rama Rao (Sl.No.2l above) fronr the above [ist.

3. The Government, after careflul examination of the proposal, hereby accord permission to the Registrar, Dr.B.R.Amhedkar Open University, Hydr:rabad to regularize the services of (l) T.Mohan Reddy, (2) Mohd.Nazeer Khan and (3) M.Mallesh (Sl.No.l to 3 above) in terms of G.O.Ms.No.2l2, Finance (FW.PC-lll) Department, dt.22.04.1994 with prostrrcctive effect i.e. date of issue of orders by the competent appointing authc,rity, subject to the condition that the said vacancies are clear, regular and continued frorn time to time till date and no senior eligible person is overlroked/omitted and Dr.B.R.Ambedkar Open University may satisfy them:;elves that all the certificates/ details furnished are genuine and true and the individuals are qualified to hold the posts.

4. Government further order that G.Bhaeva Lakshmi and Ch.Renuka (Sl-Nl4aud5 alqye) 419 not elisible for resularization of services in terms of G.O.Ms.No.212. Finance (FW.PC.III) Derrartment. dt.22.04.1994, as the individuals have not cornoleted 18 vears of ase at the time of aopointment and after l8 vears of age thev have not aalaprbtad the required period of 5 vears of service as on 25.11.1993. Hencr:. reiected. (!€ o SN,J W.P.No.16O12 of 2O2O

5. The Govemment hereby reject the proposal of the Registrar, Dr.B.R.Ambedkar Open University to ratify the action of the University in appointing the remaining (21) persons (i.e. Sl.No.6 to 26 above ) against the clear vacancies as the action of the University is against to the provisions of the Act 2 of 1994. excluding Sri S.Ch.Rama Rao (Sl.No.2l above) who was appointed as Electrician against the clear vacancy through direct recruitment and his tlanle was included in the list by oversight as informcd by the Registrar, Dr.B.R.Ambedkar Open University vide his letter dt.2 I -04-2016 in the reference 6th read above.

6. This order issues with the concurrence of Finance (HRM.ll) Department vide their U. O.N o. | | 85 I 422lA2lFIRM-lIl20 I 5, dt.zl . 12.20 | 5 . (BY ORDER AND IN 'tllE NAIvIE OF THE GOVERNOR OF TELANGANA) RANJEBV TT.ACHARYA SPECTAL CHIEF SBCRETARY I'O GOVERNMENT To The ltegistrar, Dr.B.R.Arnbedkar Open University, Hyderabad. Copy to: The F'inance (HRM.ll) Departmettt. SF,SC //Fonvarded: :By orderl I B) The counter affidavit has been filed on behalf of the respondent Nos.2 and 3 and the retevant paraqraph No.11 SECTION OFFICER is extracted hereunder:- ilirrnar +haf thorrah tha \ Tt ic crrhrn appointed as per G.O.Ms.No.212. Finance & Planning (FW. PC-IU) Department, dated: 22.O4.1994, the 1't Resoondent have to ratifv his regularization of service. In fact, the 1st Respondent instead of ratifying the action taken by the Resoondent University in regularizing the services of the Petitioner as per G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated:22.04.1994 have rejected the oroposal in G.O.Rt.No.166, Higher Education (uE) Department, dated: 18.06.2016 to 7 sN,J W.P.No.16012 of 2020 gatifv the action in appointing the oersons aoainst lhe orovisions of the Act 2 of 1994. It is submitted that t1e Respondent University has complied the interim orders dated: 18-09-2020 passed by the Hon'ble High Court duly clnsidering the Petitioner's representation and informed a:cordingly to the Petitioner vide letter dated:28-11-2020. . there is no role left to Under these circumstanc be olaved bv the Respondent Universitv in reoularazing the services of the Petitioner. Therefore, the interim orders dated: 18-09-2020 is liable to be v.rcated. Unless, this Hon'ble High Court vacates the interim order dated: 18-09-2020, the Respondent University will be put to injury..." DISCUSSION AND CONCLUSION:-

5. Le,arned counsel appearing on behalf of the petitioner submits that though respondent No.3 had sent proposals to responde:nt Nos.1 and 2 vide Lr.No.506/Estt./A/IV/2OtB-t9 dated 16.06.2016, and vide Lr.No.73B/Estt.lA.lV/2018-19 dated 23.02.2019, yet no orders had been passed on the said proposals as on date and in view of the clear proposals forwardecl by respondent No.3 to respondent Nos.1 and 2 in 2016 and 2019, the petitioner is entitled to the relief as prayed for in the lresent writ petition.

6. Learned counsel appearing on behalf of respondent Nos.2 and 3 placing reliance on the counter affidavit filed on behalf of respondenr: Nos.2 and 3, contend that the proposals of 8 SN,J W,P.No,16012 of 2O2O respondent No.3 were duly considered, and that the Government rejected the proposal of the Registrar, Dr. B.R. Ambedkar Open University, to ratify the action of appointing the remaining 21 persons, i.e., (Sl. No.6 to 25), including the petitioner herein as reflected in the proceedings vide G.O.Rt.No.66 dated 18.06,2016 (referred to and extracted above), against the clear vacancies, on the ground that the action of the University was contrary to the provisions of Act 2 of 1994. Therefore, in view of the rejection of the petitioner's request by the Government, which has not been challenged by the petitioner as on date, the petitioner is not entitled to any relief as prayed for in the present Writ Petition.

7. A bare perusal of paragraph No.11 of the counter affidavit filed on behalf of respondent Nos.2 and 3 clearly indicates that it is respondent No.1 who is the competent authority to ratify the regularization of the services of the petitioner, who was appointed on 07.02.1991. However, instead of ratifying the action taken by the respondent-University in regularizing the services of the petitioner as per G.O.Ms.No.212, Finance & Planning (FW.PC-III) Department, dated 22.04.1gg4, the respondent No.1, being the competent authority, rejected the proposals vide G.O.Rt.No.166, Higher Education (UE) 9 SN,J W.P.No.16012 of 2O2O Departnlent, dated 18.06.2016, on the ground that the appointrnents were contrary to the provisions of Act 2 0f rgg4.

8. This Court opines that, in view of the clear averments made in paragraph No.11 of the counter affidavit filed on behalf of respondent Nos.2 and 3 (referred to and extracted above), the respondent-University has no role to play at this stage, and it is for the Government to take appropriate action. In view of the fact as trorne on record that petitioner had not challenged G.O.Rt.No.166, dated 18.06.2016 issued by the State Govern ment i e., Respondent No.1 in rejecting the proposal forwarded and furnished by the Registrar, Dr.B.R.Ambedkar Open Un;versity, dated 06.05.2015 petitioner and few Hyderabad, Lr.No.063/Estt/B.IV/20L5_16, for regularization others in the of the services of the clear vacancies as per G.O.Ms.No..212, Finance and planning [F.W.PC_III] Department, dated 22.04.1994 and for ratification of the action taken by the Vice Chancellor in regularization of the services of the petitioner along with few others, therefore, this court is of the firm view that the petiEioner is not entifled for grant of relief as prayed for in the present Writ petition.

9. Takinq into consideration:- l0 SN,J w.P.No.15012 of 2020 The aforesaid facts and carcumstances of the a) case, b) The submissions made by the learned counsel appearing on behalf of the petitioner, learned Government Pleader for Education appearing on behalf of the respondent No.l and the tearned counsel appearing on behalf of respondent Nos.2 and 3, c) The averments made in paragraph No.ll of the counter affidavit filed on behalf of respondent Nos. 2 and 3 (referred to and extracted above), d) G.O.Rt.No.166, Higher Education (UE) Department, dated 1g.06.201O issued by respondent No.1 (referred to and extracted above), e) In view of the fact as borne on record that petitioner had not challenged G.O.Rt.No.166, dated 18.06.2016 issued by the State Government i.e., Respondent No.l in rejecting the proposal forwarded and furnished by the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad, Lr. No.O63l E stt / B.tV I 2O1 s_ 1 6, SN,J W,P.No.16012 of 2(,2(} dated 06,O5.2O15 for regularization of the services of the petitioner and few others in the clear vacancies as per G.O.Mr;.No.212, Finance and planning IF.W.PC-III] Department, dated 22.04.1994 and for ratification of the action taken by the Vice Chancellor in regutarization of the services of the petitioner along with few others. f) In the light of the discussion and conclusion as arrived at para Nos.s to 8 of the present judgment. Misc,:llaneous petitions, if any, pending in this Writ Petition, strall stand closed. //TRUE COPY// SD/.C. DEEPIKA ISTANT REGISTRAR SECTION OFFICER Telangana at Hyderabad.

1. The Principal Secretary, Higher Education Depa 2. The Vice Chancellor, Dr. B.R Ambedkar Open Un rsity, O/o Road No.46, 3. Th.e Regiskar, Dr. B.R Ambedkar Open University, O/o Road No.46, Jubilee Jubilee Hills;, Hyderabad. , Secretariat, State of Mills, Hyderabad. To 1 Telangana at HYderabad. JPlft 4,TwoCCstoGPFoRH|GHEREDUCATIoN,HighCourtfortheStateof 5. one cc to sHr'65'e.+t-lrlSvocate toPucl^' o. one cc t" diii d'ilIfvi kiisHNA'-Aovocate (opuc) 7. Two CD CoPies SA Ls M/ -\ HIGH COURT DATED:A1rcgt2}zl 1 ORDER WP.No.16012 of 2O2O DISPOSINC} OF THE W.P WITHOUT I]OSTS. i \ \ 1/ 1v