I ourt in the case of State of Haryana v. Pia a Singh and others
Case Details
Acts & Sections
4 Mr. K.Vijaykumar, S/o: K.Somaiah, Aged. 39 year's Working as Guest Faculty Lecturer Statistics Railway Degree College, Lalaguda, South Central Railway, Secunderabad.
5. Mr. Dr. B. Satyanarayana, S/o: B.Keshavulu, Aged. 38 year's Working as Guest Faculty Lecturer Telugu Railway Degree- College, Lalaguda, S-outh Central Railway Secunderabad.
6. [t/s- Karuna, D/o: Krishna Murthy, Aged. 47 year's Working as Guest Faculty Lecturer Commerce Railway Degree Cotlege, Lalaguda South Centrdl Railway Secunderabad. AND Union of lndia, Represented by The Principal Railway Degree College (Affiliated to Osmania University) South Central Railway, Lalaguda - Secunderabad- 50001 7 . ...PETITIONERS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or order or direction more particularly one in the nature of Writ of Certiorari calling for the records pe(aining to OA Dy No 896 of 2025 on the ...RESPONDENTS file of the Hon'ble cr:rt';rl Admn Tribunal, Hyderabad Bench and not granting the stay orders of the Not f r:ation No.RDC /Admission/2025-2025 dated 11-06-2025 issued by the resp'ond:r1 as arbitrary, illegal and contrary to the law aid down by the Hon'ble Supre m': I ourt in the case of State of Haryana Vs. Pia a Singh and others ((1992) 3 S(ltt 326) and violation of the petitioners fundarnental rights guaranteed unde'A,rtir:l: 14 and 21 of the Constitution of lndia' lA NO: 't OF 2025 Petition unde, liir;,;tion 151 CPC praying that in the circumstan::es stated in the affidavit filed ir r;r-rcport of the petition, the High court may br: ple ased to stay the Notification N,) fit-)(l /Admission/202 5-2026, dated. 11-03-2025 i ;sued by the respondent. Counsel for the Petitioners: SRI K. SUDHAKAR REDDY Counsel for the Respondent: MS. ANJALI AGARWAL , REF'RESEN flNG SRI GADI PRAVEEN KUMAR, Deputy Solicitor Getrera Of lndia The Court made the fcllowing: ORDER l I I I I I THE HON'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA Writ Petition No.1 7357 of2O2S ORDER: (Per the Hon'blri Si Justice Abhinand Kumar Shat)rlt) This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue Writ or ord.er or d.irection more particularlg one in the nature of Wit of Certiorai calling for the records pertaining to OA. Dy.No.g96 of 2O2S on the file of the Central Ad_ministratiue Tnbunal, Hgderabad Bench, and not granting the staA orders of the Notification No RDC/ Ad.mission/ 2O25_2O26, dated_ 11.06.2025 issued bg the respondent as arbitrary, illegal and contrary to the lau laid_ dotttn bg the Hon,ble Supreme Court in the case of State of Haryana Vs piara Singh and Others [1992 3 SCR 826] ond uiolation of the petitioners fundamental ights guaranteed_ under Arttcle 14 and 21 of tlrc Constitution of Ind"ia ond. pass such other order or furtlrcr ord_ers -.-',
2. Heard Sri K. Sudhakar Reddy, learned counsel appearing for the petitioners and Ms. Anj ali Agarwal, learned counsel representing learned Deputy Solicitor General of India appearing for the respondent. 1 2 .\IiS ] & E'TD,J \1, 7J57 2O2S
3. Lcarnr:<. counsel appearing for the petitloners had contendetl t1'zi Lhe petitioners have been u'c'rkir-rg z s Part- Time/ Contra : Lecturers since 2OO4 ' t'hikr s o, the responde't.t :t;ls issued a fresh notification on l Cti'2025' inviting aplrlrc r.tions for the engagement' of Gltest Fa< ulty for the acac r:rn c session 2025 2026 on honorariulr basis, therebv seerk ttrl ro replace the existing Guest Factrltl'l e , the petitioners \"'ro are working for the pasl 10- 1I vears' Learned c(lr,trt sel had further contended I hat si lce the petitione'r's l;rve been working as Gues't iacr lltY on honorariunt t,irsis for more than two decade s, tl-re z ction of respondenl rL issuing fresh notification for egaln f iling up the post-s cf I'art-Time/Contract Lecturers ()n zr te nporary basis is C()ntr:r.nr to the law laid down by rhe Hottourable Supreme 1. lc,e t t in the case of State of Hd.rydna antl others u. Piorra Sir,.qh and othersl , wherein it uas helrl that a temporeri e r n ployee cannot be replace'1 rJ- another tempor.u-\ e'r:tployee; he cart only be replacerl bl a -egularly selected crl r, l id ate. Aggrieved by the issuatrce of the said notifical-ion. rlre petitioners have approached the Tri lunal by fiiing O.l\.1{,., '71 of 2025 and the Tribunal hzrs rrLere v issued ' 1992 i3rs:'ll'l' 3 AKS,J & E'TD,J wp-17 3s7 _2025 notice instead of gralting any interim protection regarding the petitioners, status. Therefore, appropriate orders be passed in the Writ petition by directing the respondent to continue the petitioners till disposal of the O.A. 4 however, new On the other hand, le.arned counsel appearing ibr the respondent had contended that the petitioners were continued as Guest Faculty Lecturers, guidelines were subsequently framed. Only thereafter, the respondent has issued notification on 1 1.O6.2025. If the petitioners are also having eligibility criteria, they could participate in the recruitment process under the said notification. However, they have no vested right to continue indefinitely as Guest Faculty Lecturers. Hence, the Tribunal declined to grant interim directions in favour of the petitioners. Therefore, there are no merits in the Writ petition and the same is liable to be dismissed.
5. This Court, having considered the submissions made by both the parties, is of the view that the petitioners are challenging the notification, dated 1t.06.2025, wherein the respondent is taking steps to fill up the post of Guest Faculty Lecturers on temporarJr basis. However, the petitioners who \ l I t I f k 4 A K ] .J 8" ETD..I 1.1 t r-337 2025 are alrerrl\' \\'orking as Guest Faculty Le cturers on arr honorari rtt n lr rsis and temporary basis, caneot be replaced by other t,rr rl,orary employees. The Tribunal or-rght to have protecterl '.h I nterest of the petitioners. Ther(lfor(r, tt is Court is of the \'re.r lhat the present Writ Petition (lan be lisposed of by drr:r:ti rs the respondent not to disturb r-he stat l-ts of the petitione rs, r i:l the disposai of O.A.No.47l of 2025
6. With tlre above observations/ direct Lons , the Writ Petition is; c ir; tosed of' No order as to costs' 7 As a s;e c uel, miscellaneous applications; per-rdil tg if any, shali ster';r,l cl rsed //TRUE COPY// .SD/-IT4OHD. ISMAIL P_EPUIIREGttiTBAB: ''. SEC TION OFFICER The Princrpal I nr-on of lndia, Railway Degree Colldfie ( Afilialed to Osmania University) [;or,t I Central Railway, Lalaguda - Secun-deiabad, ,000 j7 One CC t,r S, i i. Sudhakar Reddv, Advocate IOPUCI One CC t,) [iri (]adi Praveen Kumlr, Deputy Sblicitor 'General rf lndia Advr;ca|: []PUCI Two CD (:opit:r, A- \', t I To 1 2 3 4 TJ BS i I I HIGH COURT DATED:2510612025 ORDER WP.No.17351' of 2025 .t ?$15 ( j7 -z t a DISPOSING OF THE WRIT PETITION WITHOUT C|:)STS
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