lr/ohd.Hyder Ali v. State of Telangana

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 toto issue an appropriate writ, order or direction, more particularly one in ...RESPONDENTS the nature of Writ of Mandamus, in declaring the action of the respondents in issuing the G O R t No 269 ,dated '1 3 11 2014 and other consequential proceedings Rc No 28lAdmn V2l201l dated 15 11 2014 and also the proceedings of the commissioner of Collegiate Education, Telangana State, Hyderabad through proceedings Rc No 28lAdmn Y212011 dated 07 08 2015, and l\ilemo No 75841CE14212012 dated 07 08 2015 issued by the Government of Telangana, Higher Education Department and in regularizing the service of the petitioner from the daie of disposal of the W P No 33372 of 2O1O dated 25 04 2012 as illegal, arbitrary, and unconstitutional i e , violation of Article 14 and 39 (d) of Constitutron of lndia and consequently direct the respondents to notionally regularize lhe services of the petitioner retrospectively w e f , 23 0B 1993 in the 4th respondent college by counting the service of the petitioner from the date of initial appointment of petitioner as continuity of service and for pensionary benefits and monitory benefits from 0'1 01 2010 along with difference of arrears of pay till 24 04 2012 lo the petitioner by re-fixing the pay scale of the petitioner in the light of the judgment reported in (2015) of Supreme Court Cases 265 ie, in Amarkant Rai V/s State of Bihar and others in Civil Appeal No 2835 of 2015 dated 13-03-2015 Prayer is amended as per C.O d[2510812022 in 1A,0112017 WPMP 3957212017 . lA NO: 1 OF 2024 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 permit the petitioner to file the judgment copy in Writ Petition No.24580 of 2016, dt.29.01 .2024 in present Writ Petition No.29616 ot 2016 for proper adjudication of the case. l.A. NO: 1 OF 2016(WPMP. NO: 36660 OF 2016) 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 notionally regularize the service of the petitioner as an Electrician (lt/echanic) in the 4th respondent College with retrospectively from the date of initial appointment of the petitioner as an Electrician w.e.f 23-08-'1993 in the 4th respondent College by adding the notional increments w.e.f 23-08-'1993 in the pay scale of the petitioner and pensionary benefits. re-fix the pay scale of the petitioner for Counsel for the petitioner : SRI SADU RAJESWARA REDDY Counsel for the Respondents No.1&3 : Gp FOR EDUCATION Counsel for the Respondents No.2&6 : Gp FOR FINANCE & PLANNING Counsel for the Respondents No.4&5 : SRI B.NALIN KUMAR Counsel for the Respondents No.7 : SRI RAJESWARA REDDY The Court made the following: ORDER I \ HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.29 6L6 of2016 ORDER: This writ petition is filed seeking the following relief: "to issue a uit, order or direction more partianlarlg one in tlrc nature of wit of mandamus in declaring the action of the respondents in issuing tle G O RLNo269 dated 13.11.2014 and other consequential proceedings Rc.No.28/Admn. V-2/2011 doted 15.11-2O14, and also the Proceedings of tle Commi.ssioner of Collegiate Education, Telangano Stote, Hyderabad through Proceedings Rc.No.28/Admn. V-2/ 2O11 dated O7.O8.2O15 and Memo No.7584/CE/A2/2O12 dated O7.O8.2O15 issued by Gouemment of Telangana, Higlrcr Dducation Department and in regularizing the seruice of the petitioner from the date of disposal of the W.P.No.33372/2O10 dated 25.04.2012 as illegal' arbitrary, unconstitutional i.e., uiolation of Article 14 abd 39(d) of tLrc constitution of India and ansequentlg direct the respondents to add the notional increments in the pag scale of tle petitioner from the date of initiol appointment of the petitioner as an Electician (Mechonic) u.e.f. 23.O8.1993 in the 4th respondent coUege by re-fixing tLe pag scale of the petitioner and notionallg regularize the seruice of the petitioner as an Electrician (Mechanic) in the 4h respondent College retrospectiuelg ut.e.f. 23-O8.1993 in tte 4th respondent College for pensionory benefits in tlrc light of the Judgmept reported in )2015) of Supreme Court cases 265 i.e., in Amarkant Roi u. Stote of Bihnr and ottrcrs in Ciuil Appeal No.2835/ 2O15 dated 13.03.2015 and pass such other order in tlrc interest of justice."

2. When the matter is taken up for hearing, learned counsel for the petitioner submits that the issue is squarely covered by the order dated 19.Oa.2O24 in writ petition No.28155 of 2016 passed by this Court. I .t

3. Having rega-rd to the submissions made by learned counsel for the respective parties, this writ petition is also disposed of in terms of the order dated 19.08.2024 in wrrt petition No.28155 of 2016. No costs. Consequently, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA MURTHY DEPUTY REGI SECTION OFFICER To,

1. The Principal Secretary, for Higher Education De Telangana, Hyderabad. ment Secretariat, State of

2. The Principal Secretary Finance and Planning Department, Secretariat, State of Telangana, Hyderabad. 3- The Commissioner/ Director of Collegiate Education, State of Telangana, Hyderabad.

4. The Secretary & Correspondent, Mumtaz College (A ttilinority Aided lnstitution ) Malakpet, Hyderabad

5. The Principal, Mumtaz College (A Minority aided lnstitution) Malakpet, Hyderabad

6. The Senior Accounts Officer, Office of the Accountant General, Near Secretariat, Hyderabad, State of Telangana..

7. The Principal, Government City College, Hyderabad. B. One CC to SRi SADU RAJESWARA REDDY, Advocare. IOPUCI 9. One CC to SRI B.NALIN KUMAR, Advocate [OPUC] 10.Two CCs to GP FOR EDUCATION, High Court for the State of Telangana.

11.Two CCs to GP FOR FINANCE & PLANNING, High Court for the State of Telangana. [OUT]

12.1wo CD Copies. BSK BS (At.oNG WrTH COPY OF THE ORDER IN WP.2Elss/2016 DT.l9108/2024) HIGH COURT DATED:0610212025 ORDER WP.No.29616 of 2016 1t{E S 14 oR Y i.a ) \ ?3 npn mm * c A sF,nt ct i1- 'i i,l ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS $1 ?> ,.1 "6U 1 wp 28155 2016 NB(, ' THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA trIRIT PETITION No.28155 of 2016 ORDER: This writ petition is filed for the following -relief: 'to issue an appropriate writ, order, or direction, more particularly one in the aature of writ of mandamus, in declaring the actioa of the respondents in issuing the G.O.Rt.No.259, dated L3.LL,2OL4 aad other consequeutial proceedings Rc.No.28lAdmn V-2|2OLL dated 15.11.2O14 aud also the ptoceedings of the commissioner of Collegiate Education, Telangaa.a State, Hyderabad through proceediugs Rc.No.28lAdmn Y -2 / 2Olt dated O7.O8.2O15, ard Memo No.7ia4lcEl A2l2Ol2 ilateil O7.O8.2O15 issued by the Government of Telangaaa, Higher Educatioa Department and in regularizing tb.e service of the petitiorer from the date of disposd of the UIP No.33585.of 2OLO dated 25.04.2012 "i illegal, arbitrary, and unconstitutional i.e., violatiou of Article 14 and 39ldl of Corstitution of India and consequeatly direct the respo[dents to notionally segularize the services of the petitioler retrospectively w.e.f. 01.11.1993 in the 46 respondeat college by counting the serrice of the petitlouer from the date of initial appoiatnent of petitioner as contiauit5r of serice, for pensionary benelits and monetary berefits from O1.O1.2O1O along with difference of arrears of pay tiJl 24.o,4.2012 to the petitioner by re-fixing the payscale of the petitioner in the light of the judgment reported in (2O15f Supreme Court Cases 265 i.e., Amarkant Rai v. State of Bihar aad others in Civil Appeal No.2835 of 2015 dated 13.O3.2O15." 2- Heard Mr. Sadu Rajeshwar Reddy, learned counsel for the petitioner; Iearned Government Pleader for Education for respondent Nos.1 and 3; learned Government Pleader for Finance and Planning for respondent Nos.2 and 6; and Mr. B. Nalin Kumar, learned counsel for respondent Nos.4 and 5. 2 wp 28155_2016 NBK, J

3. Succinctly stated, the petitioner challenges the regularizatiop of his services as Lab Boy from the date of disposal of writ. petition, WP No.33585 of 201O dated 25.04.2012, and prays for a direction to notionally regolaitze his services and re-fix hF pay by adding notional increments in the 4th respondent college retrospectively from the ilate of his appointment w.e.f. 01.11.1993, for the purpose of pensionary benefits.

4. It is to be noted that the issue with regard to whether past services can be taken into consideration for the purpose of pension is no more res integra and it is settled law that past services. prior to regularization can be counted for the purposes of pensionar5r benefrts.

5. Furthermore, an identical issue with regard to counting of past service for pensionary benefits fell for consideration before this Court in W.P.No.2458O of 2016, which is a case relating to one Mohd.Naseeruddin Farooqi who is a,lso discharging duties as Lab Boy in the very same 4th respondent-Mumtaz College. This Court, by order dated 29 .O1.2O24 , by referring to judgments of Hon'ble Supreme Court in State of Karnataka v. M.L. Kesaril, Amarkant Rai v. State of Bihar2, and the judgment of Hon' ble High Court of Andhra Pradesh in State of Andhra Pradesh, School Education Dept., Velagapudi, Guntur Dist. v. L.B,M. Krishnas, allowed the said writ petition WP t zoto 1t1 sc asa '1zots1 a scc zos 3 zozo 1z1lu asr 1oe; 3 wP_2815S_2015 N8K, J No.2458O of 2016. This Court is of the view that the discussion and ratio of the order in WP No.2458O of 2O16 is applicable in toto to the facts of the present case at hand.

6. In that view of the matter, taking into 'consideration the facts and .circumstances of the present case ald the law laid down by the Hon'ble Supreme Court in M.L. Kesari lsupra!, arid Amatkant Rai (supra) and the judgment of the Hon'ble Division Bench of the High Court of Andhra Pradesh in L.B.M. Krishna lsupraf , this Writ petition is allowed and respondent No. 1 is directed to consider the request of the petitioner to notionally regularize his services as a Lab Boy in the 4th respondent coliege, retrospectively, and also re-fix his pay by adding notional increments w.e.f. 01 . 1 I . 1993 i.e. from the date of his initial appointment, for the purpose of pensionarSr benefits, and pass appropriate orders, within a period ofthree (03) weeks, from the date of receipt of a copy of this order, and communicate the same to the petitioner. No costs. Miscellaneous petitions, pending if any, shall stand closed. 19ft August, 2024 WSTICE NAGESH BHEEMAPAXA