High Court · 2025

2. Dr. _N. Kishan, S/o. Sri Bhoomaiah aged 48 years, Occupation Associate Professor, Department of tvlathematics Osmania-University, Hyderabad.

3. Dr. S. Narender Reddy, S/o.S. Kasi Reddy, aged 53 years, Occupation Associate Professor Department of Physics, Osmahia Univ6rsity Hyderabad. AND Osmania University, Rep., by its Registrar, Hyderabad. ...PETITIONERS ...RESPONDENT 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing proceedings No. lvlR473/132l2O09lAdmn.l-'1 , dated 12-08-2013 rejecting the petitioners cases for regularization of service from the date of their initial appointment, i.e., 12-10-1991 for Petitioner No.1 and 2 and 09-01-1991 for Petitioner No.3 and regularizing the same from 25-02-2006 as discriminative, illegal, arbitrary and gross violation of Article 14 of the Constitution of lndia, and consequently praying this Honble Court to direct the respondent to consider petitioners cases for regularization with effect from the date of their initial appointment and pay all the consequential benefits as it was done in the case of similarly situated persons, and for other appropriate reliefs. .?, # l.A. NO: 1 oF 201 4(WPMP. NO: 5063 oF20'14) Petition under Section 151 CPC praying that in the circumstances stated intheaffidavitfiledirsupportofthepetition,theHighCourtmaycepleasedto direct the respondent to promote the petitioners as professors under Career Advance Scheme (rlAS) of UGC-RSP-1s96 and UGC-RSP-2106' pending disposal of the above \A/rit Petition' Counsel for the Petitioners: SRI P'B'VIJAY KUMAR Counsel for the Sole Respondent: SRI S'LAKSHMI KANTH' SC FC'R OU The Court made the following: ORDER THE HON'BLE SMT. JUSTICE P. SREE SUDHA UIRIT PETITION No. 4lO7 OF 2Ol4 ORDER: This writ petition is hled to declare the action of respondent in issuing proceedings No.MR473/ 132 /2OO9 /Admn.I-1, dated 12.08.2013 rejecting the petitioners' casd for regularization of service from the date of their initial appointment i.e., 12.1O.1991 for petitioner Nos. 1 and 2 and O9.01.1991 for petitioner No.3 and regularizing the same frorn 25.02.2006 and to direct ttre respondent to consider petitioners' cases for regularization with effect from the date of their initial appointment and pay al1 the consequential benefits as it was done in the case of similarly situated persons and for other appropriate reiiefs.

2. Heard both sides. Perused the record.

3. The petitioners are adhoc lecturers appointed in the above respective dates, but their services were regularized on

25.02.2006. They gave representations on 21.O9.2006, O2.Ol.2OOa and 28.08.2008 requesting the authorities that their services are to be regularized with effect from the date of their initial appointment and later they approached this Court filed writ petition No.4614 of 2OlO. This Court vide order dated 26.02.2010 directed the authorities to consider the representations of the petitioners and pass appropriate orders, but it was not considered 2 by the Registq of the Osmania University' as suc this Present w'it Petitlon h thcl r rrcferred Learned r:ounsel for Petitroners relied uPon a decisicn of the 4 of Guiarat and Others Hon'ble APer: Court in Stdte Vs.Talsibhai Dhaniibhai Patelf in which it was held as follows: It is r, nfoftunate thot the Sate continued to tal e the nd.ent as an ad hoc for 30 gea's and serui<es of the resPo tended thclt as the seruices rer 'dered theren"fter not to con bA tir. respond.ent are ad-hoc' Lrc is not entilt'ed' to pens'on/ pensionary benefit The State canr ot be pe:mrittecl to toke the benefit of its ol'n u)rottg' 'l'o lake the fltt-u|ces continuouslg for 3O geors and theret'Jter to contt'rrd that an emplogee rtho ho,s rendered 1(t Aears conttnues seruice shall not be etigible for pen;ton ts notl|ltgbutreasonoble.AsaueVorestote,theStoteas I1'LCL' ought not to haue taken such a stand'

5. He ais: relied upon the judgment of the Co ordirLate Bench of thrs Cour- in W P No'I1735 ol 2O19' in rvhich the Co Ordinate Benchrelied upon a decision of the Hon'blc Ape> Court in W,P.No.820 i of 2016 dated 17 03'2O16 referring to Rr'les 13 and 14 of the ,\ndhra Pradesh Revised Pension Ru1es, 1980 were the qualifYing s:rvice ol a considered eLnd it was stated that Governmen - Servant shall commence from the dat: he takes is frrst aPPcrinted with charge of the Post to which he substantive'l',' or in air ofliciating or temporary capacity ' 2022 SCC Onl ne SC 2004 i 3 6 In this case, admittedly, the petitioners were appointed in the above dates me ntioned in the impugned order ald their servrces were regularized after 15 years when they requested the authorities to regular2e their services from the date of their appointment and it was not considered, as such they approached this Court. Even after the direction of this Court, the Registry simply stated that the issue was praced before the Executive council and they held that it ca,not be considered without assigning any reasons. They have not quoted any rule position and nor assigned any reasons and simply refused to consider the representations of the petitioners and direction of this court. Therefore, this Court finds that it is just and reasonable to set aside the Order in view of the rule position cited above, petitioners are entitled for regularization from the date of their appointment. It is brought to the notice of this Court that petitioner Nos. 1 and 3 were retired and petitioner No.2 is still in the service. Therefore, all the petitioners are entitled for the pensionary benehts as per the regularization from the date of the appointment. 7 . In the result, this writ petition is allowed. No costs Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. The Hon'ble SRI SUJOY Third DaY of F That Rule Nisi has made Absolute as above witness PAUL, The Acting Chief Justice on this MondaY ebruary, Two Thousa nd and Twenty Five' SD ASSISTANT /-V.KAVITH REglsrRA A R //TRUE COPY// \ SECTION OFFICER To, 1 The Registrar, Osmania University' Hyderabad' / i l_ 2 One CC to SR ].B.VIJAY KUMAR, Advocate IOPUCI r) J One CC to SR' S.LAKSHIVII KANTH, SC FOR OU [OPUC] 4 BSR GJP Two CD Copies YY I HIGH COURT DATED: 0310212025 t t ORDER WP.No.4107 of 2014 ( q J o 1 ,1r€ 11 APR 2[25 c I ( :-/ ALLOWING THE WRIT PETITION, WITHOUT COSTS G*{'b -Ytsr' t3''