HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION Nos.2265, 2308, 2318, 2409, 2429 and
2431 of 2021
COMMON ORDER:
These writ petitions are filed seeking regularization of the
petitioners who are working under different categories since
2000 on consolidated pay. By letter No.288/APSUA/Estt./2020,
dated 26.08.2020, the Director/Secretary (FAC), A.P. State Urdu
Academy, has recommended the petitioners herein to consider
on humanitarian grounds and sympathetic conditions, as they
are working more than 20 years and they have paid only
consolidated pay without enhancing their pay and
regularization of their services, to the Principal Secretary to
Government, Minority Welfare Department, as there is no Board
either official or non-official to take decision on the request of
the petitioners.
2. The counsel for the respondents would submit that A.P.
State Urdu Academy is not an Autonomous Body and according to the bye-laws under clause (1) of Article 9, Board of Governors shall work under the general control and directions of Government. The Board of Governors shall be responsible for management under the rules and bye-laws made therein and 2 shall have all powers which may be necessary or expedient for carrying out the purpose of the Academy. Counsel for the respondent relied on the G.O.Rt.No.92, Minorities Welfare (OP&BUDGET) Department, dated 28.06.2022, stating that the Government after careful examination of the matter of continuation of allocated 182 consolidated pay employees on bifurcation to the A.P. State Urdu Academy, Vijayawada and presently working 167 consolidated pay employees are not entitled for any enhancement of the consolidated pay current paid without concurrence of the Finance Department and also not to make any appointments in A.P. State Urdu Academy without prior concurrence of the Finance Department, if any violation, necessary action will be initiated as per rules in force.
3. Counsel for the petitioners relied on the division Bench judgment of this Court in Andhra Pradesh Beverages Corporation Limited v. K.Kesava Narayana Reddy1 and requested this Court to regularize the services of the petitioners basing upon the above judgment.
4. On perusal of the above mentioned division bench judgment of this Court it is observed that, by following the 1 2021 (5) ALT 668 3 judgment in Government of A.P. v. N.Venkaiah2, Division Bench of the High Court of Judicature at Hyderabad, it is held that the petitioners would be deemed to have been regularized for the purpose of fixation of pension and pensionary benefits. However, as per G.O.Rt.No.92, dated 28.06.2022, the case of the respondent i.e., services of the petitioners can be considered only on the concurrence of the Finance Department. Therefore, the Finance Department is directed to consider the case of the petitioners in view of the recommendation made by the Director/Secretary (FAC), A.P. State Urdu Academy, to the Principal Secretary to Government, Minority Welfare Department, in accordance with law and the entire process shall be completed within a period of three months from the date of receipt of this order.
5. With the above direction, these writ petitions are disposed of. No costs. As a sequel, interlocutory applications pending, if any, shall stand closed.
_______________________________ TARLADA RAJASEKHAR RAO, J 19.09.2022 SS 2 2018 (4) ALD 590 (DB)