High Court · 2025

15. G. Jeevaratna n Lecturer t. !'c t;r iviedak Distr cl 1 6. Vemuri Srikarrti Lecturer ( V<lr;a

17. IMd.Abdul A:.iZ, Junior Lectl r:r lvledak Distr ct 18. P.Shailaja, li(te Government .l -r

19. B.Purushotham Occ. Paft tinre It4othkur, YaC ac rldy, S/o K. Ram Reddy, Aged about 55 yerrrs Occ. Part time ( Vocational) Government Junior College lrlothkur Yadadri Old Nalgonda Districi. S/o Krishna Rao, Aged about 55 years, Occ. f,art time Junior rr:ational) Government Junior College. I'lelakondapally, er. S/o Balaji Rao, Aged about 49 years, Oc c. )art time Junior icnal), Government Junior College,Wvra, (hanrmam District . S/o Shantappa, Aged about 56 years, C)cc Part time Junior r:ional), Government Junior College ( Boys), Sanga Reddy, Rithwik, S/o V. Harinarayana Sharma, Oc:. i)art time Junior ional), Government Junior College Nampall'1, l{yderabad. ll/o Md. lqbal Hussain, Aged about 46 years 0cc. Part time I Vocational), Government Junior College ( 3oys), lVedak , I about 50 years, Occ. Part time Junior Lr;cturer ( vocational), rior College, IVlanthani, Peddapalli District Reddy, S/o Satyanarayana Reddy, Agecl zbout 52 years, .Junior Lecturer ( Vocational), Governmert Junior College, ri-Bhongir District. AND 1 The State c,f l3langana, Rep by its Principal Secretary, H gher Education (l.E.l) Departrnr r.t. Secretariat, Hyderabad, Telangana.

2. f he Conrnriss oner, lntermediate Education, Vidyabltat, an, Nampally, Hyderabad, Tel lngana. .PETITIONERS ..FIESPONDENTS Petition unclerr rl,rticle 226 of the Constitution of lndia pral,'ing that in the circumstances st.rt3( in the affidavit filed therewith, the Hilth Court may be pleased to issue a \!r t or order or direction, more particularly rrte n the nature of writ of mandamur; ,l:,:laring the action of the respondents in lot paying the remuneration for 1il xonths to the part time Junior Lecturers ( Vocational ) working in Gove|r n ent Junior colleges on par with contritct Lecturers, by implementing the li O.Rt.No.95 dated 25.06.2019 is arbitrary, irrational and contrary to the prrnci rles of natural justice and Article 1,4 of the Constitution of lndia, Consequently. direct the respondents to implement the G.O.Rt.No-95 dated 25.06.20'1 9 b' paying the arrears from the date of isr;uance of the G.O.Rt.No.95 dat,:rJ !15 06.2019 for 3 years dues to the petrtirrners and pay regularly 12 mont[- s c I salary for each academic year , in lhe inter(,)st of justice. IANO:1O F 2022 Petition under Section 151 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 respondents to implement the G O'Rt No 95 dated 25'06'2019' forthwith in the interest of justice' Counsel for the Petitioners: SRI JURISPATH Counsel for the Respondents: AGP FOR SERVICES-I The Court made the following: ORDER ,l ORDER HON'BtE MRS. JUSTICE SUREPALLI NANDA WR rT PETITION No.2O682 of 2O22 Heard Sri Jurispath, learned counsel appearing on behalf of the pe:itioners, and learned Assistant Government Pleader for S,:rvices-I, appearing on behalf of the respon dents.

2. The Detitiotl ers aDDroached the Court seekinq Draver as u nder: "...to issuet ;a one in the rte of the respor months to i working ir contract -(:c dated 25.06 the principle Constitutiort to implemer paying the G.O.Rt.No.1)5 petitioners; ar academic yet \,^/rit or order or direction, more particJlarly lure oF writ of mandamus declaring the ltction ients in not paying the remuneration f lr 12 lre part time Junior Lecturers (Vocatlonal) (iovernment Junior colleges on p,ar with :urers, by implementing the G.O.Flt.'{o.95 .1019 is arbitrary, irrational and con[rcrry to ; oF natural justice and Article 14 cF the lf India, Consequently, direct the responCents 1 the G.O.Rt.No.95 dated 25.06.2079 by rrrears from the date of issuance o' the Cated 25.06.2019 for 3 years dues, t,l the rct pay regularly 12 months of salarl' "or each,- r-, in the interest of justice."

3. The case c f :he petitioners, in brief, is that the pe1-itilners are working as Perrt-.ime lunior Lecturers (Vocational) in different government jurr o colleges in the state of Telangana, p::rforming a salary of Rs..Z -,€,00/- per full-time duties; ; nd are receiving ,/' 2 month, which is significantly lower than their counterparts, such as contract lecturers, who are paid Rs.54,000/- per month for identical work. The petitioners contend that despite their continuous service, they have not been paid their salaries for the months of April and May, and their salary is only paid for 10 months a year, unlike contract lecturers who are paid for t2 months as per G.O.Rt.No.222, dated 05.09.2018. The petitioners' further state that G.O.Rt.No.95, dated 25.06.2019, was issued to extend the same benefits (12 months' salary) to vocational part-time junior lecturers, but despite the said G.O.Rt.No.95 dated 25.06.2019, no action has been taken by respondent No.2 to implement the same in respect of the petitioners herein. The action of the respondents in not implementing the said G.O.Rt.No.95 dated 25.06.2019, is nothing but discriminatory treatment towards the petitioners, amounting to injustice to the petitioners. Aggrieved by the inaction of the respondents, the petitioners have filed the present Writ Petition.

4. PERU ED THE RE CORD )

5. The counte lr-affidavit has been filed on f ondent No.i and in oarticular, Daraqr aoh Nos .11, L2, and 14 of the sai,J counter-affidavit er e u nder: '11. I : is further submitted that, in the light ttf orders of Government in G.O.Rt.No.95, Hiqh<,rr Educatir:n IIE/A1l Department, dated 25.06.2019, the Com nissioner of Intermediate Educatiorr, Telangana Hyderabad has submitted to the Governrre rt in letter Rc.No.Voc. 1/1683/2015, dated 28.10.201) informing that, the aforesaid orders r:rf the Goverr rrent could not be implemented as it ha s become d lficult for the Principals of Governnrert lunior (lr)l eges concerned in the State where the Part-tirrer unior Lecturers in Vocational Stream are working cl, Hourly Basis who are the Drawing anC Disburslrg Officer and responsible for payment <if remunerilt on to the above persennel to calculate remunerirt on on Hourly Basis for the Summ(:r Vacation d-lring which there shall be no class-roorr instructcn; provided to the students by these Parl - time Junir" Lecturers working on Hourly Basi:; . As per :he above orders of the Government, these Part-time lunior Lecturers are paid remuneration the period for which the'y only frir have wcrrkt l, For the Sundays/Public Holidays ;:n11 for the s..rr mer vacation no remuneration could br: paid sinc-. t hey are Part-time Lecturers working on 4 Hourly Basis. As such, it has become difficult to implement the orders issued by the Government in G.O.Rt.No.95, Higher Education UE/A1I Department, dated 25.06.20t9 wherein the Government have permitted to pay the remuneration for 12 months. Therefore, the Government have been requested to issue modified orders for payment of remuneration to the Part-time Junior Lecturers working on Hourly Basis as Consolidated Pay instead of remuneration for 72 periods maximum per month so as to implement the orders of the Government issued in G.O.Rt.No.95, Higher Education IIElA1] Department, dated 25.06.20t9. It is submitted that, finally the 12. Government has informed the Commissioner of Intermediate Education, Telangana, Hyderabad in Memo.No.6282/7E.AL/20L9, Higher Education [IE] Department, dated 11.03.2022 that, the request for conversion of Part-time Junior Lecturers those who -:are working on Hourly Basis into Consolidated Basis for claiming.the salary for 12 months instead of 10 months on par with others those who comes under the G.O.Rt.No.95, Higher Education UE.A1l Department, dated 25.06.2019 is not feasible for consideration as there is no justification. The request is therefore hereby rejected. / 5 !1 is furthermore significant to submit that, t4. the clairn of these Petitioners for payment of remune'ttt:rn for 12 months on par with Contra('t Faculty as; :,er G.O.Rt.No.222, Higher Education iIEl Departnr,-'r t, dated 05.09.2018 has no relevarlc(l ' The sys;ter '' of hiring oF personnel on Contracl:ual basis is e v rlved in the year 2000 by G'O'Ms'No'14:i, Higher E Cucation tIE.2l Department, date'l 09.f0.200 ), These Contract Faculty are reneureC every Aci,jemic year with the orders of the Governrr e rt on attainment of prescribed bench nrark o1' a1 tainment of District Average or less 20crlo of Distrir:t Average in his/her subject and that tco reneweJ ror a period of 10 months only in an Acadenri: year i.e., from the day of reopenin-t; r:f Governrre "t Junior Colleges in the State on lst Jurre and till tht end of Academic year in the subsequetlt calendar 1r:ar i.e., by the end of March as per tlre schedule rrescribed in the Academic Organizer ')f Telangerna State Board of Intermediate Education' As sucl-, these Contract Faculty are also lard icn for a period of 10 months only in zln remun€)ral Acadentic Year till recent times of emerginq r)f G.O.Rt.ttlo ?-22, Higher Education IIE] Departmert, dated rl:, -19.2018. Whereas, these Petitioners ar'e covered Lnder the category of Part-time -luni')r Lecturer: on Hourly Basis and engaged irregu ar y by the t''l lcipals of Government Junior Colleges 3t 6 that time contrary to rules and provisions against Act 2 of 1994 and they are engaged during the period of 1994 and so on. Moreover, these paft-time Junior Lecturers working on Hourly Basis do not have any bench mark of performance as merely continued as per the orders of Government for every Academic Year for 10 months on Hourly Basis. Whereas the system of hiring of personnel on Contractual basis which was launched in the year 2000 and the category of personnel working on Part-time basis are on different footing. and cannot be brought into one fold by comparing unlike categories. "

6. G.O .Rt.No.9 5 Hioher Ed ucation I F/A1'l Den e nt dated 25.O6.2OL9. is extracted hereunder: "In the reference read above, the Commissioner of Intermediate Education, Telangana, Hyderabad has submitted that the Vocational Part-Time Junior Lecturers are working in Vocational Courses and put long service are getting a consolidated pay of Rs.21;600/- - P.M, only for 1O rnonths, whereas Contract Faculty are getting 12 months payment of Honorarium in terms of G.O.Rt.No.222 HE (lE) Dept. Dated: 05.09.2018 and requested for payment of remuneration for 12 months to Vocational Part-Time Junior Lecturers also. , 7

2. Ther r;overnment after careful examination of the matter hereby accord permission to the Commis;ioner of Intermediate Education, Telanga'ra State, Hyderabad for payment of renllneration for (L2) twelve montltrs (i.e., r:>tending the G.O.Rt.No.222t HE (lE) Dept., r|t.5.9.2018) to the Vocational Part- Time Ju nior Lecturers'

3. The -ommissioner of Intermediate Educaticn, Telangar-a State, Hyderabad shall take neces;sary further a :tion in the matter accordingly.

4. Th i:; order Issue with the concurrence of the Finarrce (HRM.VII) Department vide their U.3. No. 142 1' I 749 / AI / HRM.VII / 2019, dl. t6.04.20 19'" A!,JD CONC LUSION: DISCUSSI 7. Learned c:unsel appearing on behalf of the petitioners contends that llre benefit extended vrde G.O,Rt No.'15, dated

25.06.2019, pr:r,aining to the payment of remuneratiorl tor (12) twelve monthr; f< r. Vocational Part-Time Junior Lecturers working on consolidated pay ,rf Rs.21,600/- per month, is not be ngl extended to the petitione :; herein, despite several requests rnade by the petitioners. 8

8. Learned Assistant Government pleader for Services_I, appearing on behalf of the respondents, placing reliance on the letter vide Lr.Rc.No.Voc .I/16g3/20t5, dated 2B.IO.2OII, of the Commissioner of Intermediate Education, Telangana, Hyderabad, addressed to the Secretary to Government, Higher Education [IE] Department, Government of Telangana, Hyderabad, contends that the commissioner of Intermediate Education had addressed a retter to the Government to issue modified orders for payment of remuneration to the part_Time lunior Lecturers working on Hourly basis as consolidated pay instead of remuneration for 72 periods maximum per month, so as to implement the orders issued by the Government in G.O.Rt.No.95, Higher Education (IEIAI) Department, dated 25.06.20tg, and arso further addressed a retter vde Lr.Rc.No.Voc-l/I683/2015, dated Og.O3.2O7g, to respondent No.1 herein. However, no action has been initiated as on date in this regard, and the Commissioner of Intermediate Education, Telangana, Hyderabad, had been informed vide Memo.No.6282/IE.AL/2OI!, dated LL.03.2022 of the Government that the request for conversion of part-Time Junior Lecturers who are working on hourry basis into consoridated basis for craiming the salary for 12 months instead of 1o months on par with others who ,/ 9 come under G.O Rt.No.95, Higher Education IIE.A1l D(]partment, dated 25.06.201 ), is not feasible for consideration as tlere is no justification, an<j accordingly, the request of the Comm ssioner of the Intermedialt: Education, Telangana, Hyderaba J, dated

28.L0.2019, was'ejected.

9. This Court :ipines that the benefit pertaining to l:ht,r payment of remuneratiorr 1or 12 months for Vocational Educatior al: +2 Level i.e., Vocational P lrt-Time lunior Lecturers working on consolidated pay of Rs.2.,600/- per month, is beinE provided as per G.O,Ri.N ) 95, dated 25.06.2OL9. A bare perustal of the letters of the Conrmissioner of Intermediate Education adrlressed to respondent No. t ride Lr.Rc.No.Voc.l/1683/20t5, dated 2i3.lO.2OL9 and Lr.Rc.No.\/oc. L/1683/2015, dated 09.03.2019, ciearly indicate that respondont No.1 has to take necessary sterps For the implementatior.r o'G.O.Rt.No.95, dated 25.06.2019, and tre benefit to be provided tc the Vocational Part-Time Junior Lectun:lrs as per the said G.O. c:r not be rejected stating that it is not fr:ar,;ible or on certain reasons rs stated at paragraph Nos.12 and :4 of the counter-affidavi: liled on behalf of respondent No.2 (ref :rred to and extracted above). l0

10. This Court opines that there cannot be any rejection of the request of the petitioners unilaterally without assigning any reasons.

11. Takin into conside rataon: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Services-I, appearang on behalf of the respondents, and, (C) The averments made in the counter-affidavit filed on behalf of respondent No.2, and in particutar paragraph Nos.11, 12 and 14 (refemed to and extracted above), (d) The G.O.Rt.No.95, dated 25.O6.2OL9, (referred to and extracted above), (e) The contents of the letter of respondent No.2 addressed respondent No.l implementation of G.O.Rt.No.95, dated 25.06.2019, vide Lr.Rc.No. Voc. 1/ 1683 / 2OL5, dated 28. 10.2Ot9, (f) The contents of the letter of respondent No,2 addressed to respondent No.1 rzr'de Lr.Rc.No.Voc-1/1683/2O15, dated

09.03.2019, ) -7 (s) The fact as borne on record that no rea son s are assiqned in re ectin uest of the ners for imolementation of G.O.Rt.No.95 dated 25.06.2019,, This Writ )etition is allowed, and the respondents are directed to necnnsider the request of the petitioners for implementation of G.O.Rt.No.95, dated 25.06.2o\9, and for release of the tenefits provided as per the said rG.,O. to the petitioners herein, in accordance to law, with effect from the date of issuancr of the said G.O.Rt.No.95, dated 25.O5.z(JLgl within a periotJ of four (4) weeks from the date of receipt of a copy of tlris order, without reference to Memo No.6282lIE.Alt/ 2019 Higher Education (IE) Detrartment dated 11.O3.2O2i2, and pass appropriate reasoned orders on the subject iss;ul, and d.uly communicate the decision to the petitioners. Hou,ever, there shal! be no order as to costs. As a sequerl, rhe miscellaneous petitions, if any perrdirg, in the Writ Petition shall also stand closed. //TRUE COPYII SD/.A.V.S.PRASAD DEPIJTY REGISTRAR SECTION OF ICER I To, 'I . The Principa li-'cretary, Higher Education ( l.E-l) Deparl.mr':nt, Secretariat, Hyderabad, 1 e : ngana, State of Telangana.

2. fhe Comnis: ioner, lntermediate Education, Vidyabhat'an, Nampally, Hyderabad, 1e r ngana.

3. One CC to Sllll ,TURISPATH, Advocate IOPUCI \==- 7 1ii 4 BSR GJP Iffi":"?: Jif,irio R s E RVr c ES- r, Two CD Copies High Court for the State of Telangana at CC TODAY HIGH COURT DATED:01 lO4 2025 \ ORDER WP.No.20682 of 2022 .a=- : -l:. {i:rriI\fr \ o q ) [J ]1, 1 s6 + zO r.-. t ; .\:: ): rJ r i 1-,: .-::- :: -,;:' ! "+ ALLOWING T{E WRIT PETITION, WITHOUT COSTS 4 / ,-1 v,/ / ,/.<1