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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to grant an order' direction or writ' more so in the nature of mandamus by the 1't respondent o served on the petitioner on 01'02 2016 as illegal' arbitrary, highhanded and voilative of Article 14 of Constitution of lndia and consequently set aside the orders in proceedings No' 7BlA2lKU/2016 dated 19.01.2016 issued by the 1't respondent declaringtheordersinproceedingsNo'78/A2IKU/2016dated1901'2016issued t.A. NO: 10F 201 rj'WpMP. NO:436s OF 20161 Petition un,Je r Section 1S1 CpC praying that in the circun stances stated in r support of the petition, the High Oourt mi y be pleased to oll.s to pay salary to the petitioner fro rn Oc:tobcr 20i 4 onwards, the affidavit fi e,J direct the resp lnd ing disposra rr' the main writ petition t.A. NO: 20F 20 16 PMP NO :43 66 0F 2016 Petition rrndr;;,(js61 rhe arridavit rir",r i^ .,pJ;;::ln]r?}::r[ suspend the orderr; in proceedings by the 1"r responde,.:, pendins the disposar",,n" r:li;;,,:il:;1, counser for the pr:titioner; No. 7g/A2lKIJ/t9h the circumstances stated in court ma1' be pleased to 20i6 issued " sRr B_yi?"rf,i6slt;ix,"_ couNSEL REp Counsel for the Re,spond iJlTt; f^'*ii^:; iil#[S,]iffli[,' ru cnr_, Counset for the llesp,lnqlent No.3: Gp FOR EDUCATION The Court made the f,:llowing: ORDER --1 1 wp 3417-2015 NBK,I ICE N rBLESRI JU ST wRITPETITION N SH BHEEMAP GE A o. 3411 ofz016 /' THE HON ORDER: The case of the petitioner' as per the writ affrdavit' is that he worked as Assistant Professor contractual basis in the responde"l-"1*: since 01'07'19 9-'ltishis grievance that he was terminated from servrces by the impugn"a O'Att aulttd 19'01'2016' and the termination order was made effective retrospectively from t6'10'2014' thereby denying the due salary and other benefits for the service rendered' 2. Heard Mr' G' Vidyasagar' leamed Seniot Counsel appearing on learned Standing Counsel for the l't behalf of the petitionet' "JO respondent-University' Perused the record'

3. This Court' by Docket Order dated 2l'll'2024'granted time to the 1,t respondent-Universiry to file written instructions on the issue of gratuity and provident fund' in view of24 years ofservice rendered from 1992 to2016' Pursuant to the order' an additional oounter affidavit has been filed bY the I't resPondent' 4. Learned Senior Counsel' by referring to the averments in the writ affidavit and also the reply affrdavit' would essentially contend that the impugned termination order lacks basis or reasoning' except stating that in view of dismissal of W'P'No'13 824 of 2005' W'P'No '17689 of 2005' and W.P.No.1l145 of 2015, the petitioner serwices are terminated from 16.10.2ol4.ItiscontendedthatheservedtherespondentUniversityuntil lg.Ol .2016, and he entitled to PaY and other benefits for that period and 2 w p -3 41,7 2016 N8K, J trs be,en r rade effective which h counsel, based on ltidavit of l.rrespond"n,"n" therefore the irrrllugned t rerrospe*ir, eJ.r i s riabre,T:::::,:j:er' 5. Leame<l Strtn, additional c.unter utling was a part-tinl(: t(..acher "; :^-'"'u"noent' Professor. tl,n,,., ,"Jjf-:11 ::' ;:':ilj,T:,i::;*$":J:il:H leamed Standing ,,,,,," teacher. is not ertit.,o o' 2015' which*"t"'''768') coun[c. rr,]'idavit and submits that the petitioner on contractual p'ositio,r or Assisranr wri'f Pe i'li'rs l red o' *" ot 20(r5' and also n'"' submits that the ,"rr:il:::I ff;[ to gratuity or provident firnd.

6. A pertrs;rl ol' lte recor.l rar,6^r^ +L_-., petitioner, w.p \ c,, #;';T;:;1ffi:;';:Hl ::ff ,T: appeal W.A.No._151 cf20l-5, have been dismissed by th)s C.,utt. and there is no positive o.de, c'1't^is court with regard to the crairn of the oetitioner for selection/a,po intrnent as Assistant professor (FIurnern lilcsources Management) T-horL1lh entire factuar matrix, that rras been ad.iu<ricated in the earlier writ p"titions, is reiterated in this writ petition ,:lairn in1,l benefits for the 24 years of-;ervice, it is to be noted that the ver' c.rtinLration of petitioner in the resltc rrdent_University was on the basis ,tf inter.irr orders of this court at tr-e rcr':vant time, and those writ petitions , rrtirnate r' ended in dismissal after c ur: ad.iudication. l. At thiS lUnclure, it is relevant to note that even as pcr the raw laid downinStateoliKarnatakavs'Umadevil.,theHon'blt:Sr'tprernecourt has directed to cotrs:tlt:r regularization of employees wh'r have srrrvcd for r 2ss6 (4) SCC 1 I 3 wp_3417-2016 NBK, J ten years or more, without the benefit or protection of any interim court order; thereby the existence or otherwise of interim orders in a given case assumes significance while conside rirrg tegulatizatior/absorption' And in case such incumbents who quarifi for regurarization/appointment/ absorption, they might be eligible for the benefits of gratuity' pension and other retirement benefits' In the case of the petitioner herein, there have been interim orders 8. in his favour for continuation in the t't respondent-University' and therefore the petitioner cannot claim equities merely based on the ground that he has served for 24 years' Further' in view of the dismissal of the writ petitions, filed either directly or indirectly ilaiming selection/appointment of the petitioner in the l't respondent-University' this Court is not required to go into that aspect of the matter again in this writ petition. That being so' the only aspect that remains to he considered in this writ petition is whether the petitioner is entitled to monetary benefits from 16'10'2014 to 19'01'2016' g. A perusal of the instructions fited by the I't respondent' under the additional counter affrdavit' would show that the petitioner' being a part time teacher, is not entitled to grafuity or provident fund. 10. Having considered the respective submissions and perused the record, there being no contrary material to the contention ofthe petitioner that he rendered services from 16'10'2014 to 19'01'2016 in the 1tt respondent University, this Court deems it appropriate to direct the I't respondent-University to release the salary and other benefits' in accordance with law, for the period 16'10'2014 to l9'01'2016' 4 wp-3471_2076 NBK, J 1l' Accordi.qrv, the impugned termination order oatecr 19.01.20r6, only to the rxte ': of its retrospective effect from l6 r0.rr0r..:, is set aside; and the wri: ,'rr:rition is arowed with a direction t,l trle r, respondent- Universiry t. r.r)':ase t.e salary and other benefits as a oplicable, in accordance 'ry th law. for the period 16. 10. 2014 to 19.0 I .l( r I 6. within a period of rorrr v''eeks frorn the date of receipt of a c.py of trris order. No costs. Miscellanoor.rs petitions pending, if any, shall stan(l cl(,sed. //TRUE COPYII '#;iirf X'I3i!?AiH To, 1 2.

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6. 7 SecIoru oFFrcER ,/ Hydera ba,j It.akatiya Univerity, Wara ngal Department ya Lln rv:rsity, Waran Th e Regi:;tra' Th e Heacl cf ti Dept. of Public Administration arrd HRM, Kakathi The Pri n()ip a I [iecretary, Ed ucation Department, Secreta.iat t:luildings, One CC kr ..1 it| T. VINOD KUMAR ,Advocate loPUCl Two CCs to at Hyderabad loJrl One CC tc Si WARANGI\L Two BIM GJP f) FOR EDU CATION High Court for tie State of Telangana, P BHANU PRAKASH (SC FOR KAld\TtyA U,,ilvERStTy FI ) [,]PUCI CD C rp, ,€)r; HIGH COUFIT DATED:217103t2025 I ORDER WP.No.3417 of 2016 .,', .-J \\ ",,? \ .t":. i, t sf4 T€ \ 2 5 ;tiii 2p5 .a \' '--- .- .l_---- ALLOWING THE WRIT PETITION WITHOUT COSTS @ 6lM