Andhra Pradesh High Court - Amravati
J Muragaiah vs The State Of Ap on 12 July, 2022
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
W.P.No.13898 of 2020
ORDER:-
This Writ Petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
".....to issue a writ direction order or orders more particularly
one in the nature of writ of Mandamus declaring the inaction of
the 2nd respondent/TTD in absorbing the petitioner as per their
eligibility in the service of S. V. Institute of Hearing Impairment
Sravanam as contrary to the decision taken by the then
Executive officer on 25032013 illegal arbitrary and
discriminatory and consequently direct the 2nd respondent TTD
to absorb the petitioner in the service of S V Institute of
Hearing Impairment Sravanam by regularizing his service."
2. Brief facts, as averred in the writ petition, are as follows:-
The 2nd respondent vide its Resolution No.210, dated
25.06.2005, has resolved to establish Sri Venkateswara National
Institution for Deaf and Dumb Children. Subsequently, it was
renamed as S.V. Institution for Children with Hearing Impairment
(Sravanam). The said project runs under the stewardship of
Smt.Saraswathi Narayana Swamy of Bala Vidyalaya, Chennai, from
05.12.2006 to 31.03.2014. Pursuant to the notification issued by the
2nd respondent, the applicant was recruited as a Teacher on contract
basis along with others and the training was given by Bala
Vidyalaya. He is being paid salary on consolidated basis. Initially,
the petitioner got an increment of Rs.200/- to Rs.250/- per year
from 2009 and it was stopped from March, 2014. After sometime,
the then Executive Officer has recommended for regularization of
services of similarly situated persons in August, 2010. Thereafter, on
a letter addressed, the then Hon'ble Chief Minister directed to
examine the matter regarding regularization of their services by the
2nd respondent. In spite of that, the 2nd respondent did not choose
to regularize his services. The petitioner along with others made
representations dated 2.3.2015, 30.3.2015 and 21.7.2015 to the 2nd
respondent seeking payment of time scale and regularization of their
services. As the 2nd respondent did not pass any orders on the said
representations, the petitioner filed the present writ petition.
3. The 2nd respondent filed a counter-affidavit stating that the
TTD Board in its Resolution No.251/24-06-2006 resolved to sanction
an amount of Rs.1,20,00,000/- for starting and running Sravanam
Project. It has recruited teaching and non-teaching staff on monthly
consolidated wages. The TTD is governed by the rules and
regulations of the Act 30/87 and general rules issued thereupon. It
is a fact that Balavidyalaya, Chennai Institute of Teacher Training
filed W.P.No.11015 of 2011 regarding payment of PF to the
employees working in Sravanam Project. By order dated
20.04.2011, the Hon'ble High Court directed the petitioner to prefer
an appeal under Section 7(1) of the Act within a period of eight
weeks and also ordered that pending disposal of the appeal, the
impugned order made under Section 7A of the Act shall remain
stayed, subject to the condition that the petitioner shall deposit 50%
of the amount deeming under the impugned proceedings within a
period of eight weeks. Accordingly, the TTD filed an appeal in
ATA.No.439(1)/11 before the EPF Tribunal at New Delhi and it is
pending. The 2nd respondent is not the competent authority for
creation of any post in any cadre of the establishment. The
Government alone is competent to fix the cadre strength of the
establishment of TTD. The petitioner will not come under the
purview of TTD establishment for regularization of his services.
During the period from 22.12.2017 to 13.08.2019, the petitioner
voluntarily left the Institution, and therefore, he cannot seek for
extension of minimum time scale of pay and regularization of his
service.
4. Heard both sides and perused the material papers on record.
5. Learned counsel for the petitioner submits that, by following
the judgment of the Hon'ble Supreme Court in Civil Appeal No.213
of 2013, dated 26.10.2016, the 2nd respondent Devasthanam has
granted regular time scale to different categories. It has also taken a
decision to regularize the services of 95 Home Guards working in
TTD as Attender-cum-Watchmen with immediate effect and the
Government, vide G.O.Ms.No.260, Revenue (Endowments-SSIII)
Department, dated 10.07.2015, also accorded permission for the
said appointments w.e.f. 14.12.1998, instead of 29.01.2008. She
further submits that though the petitioner has been working since
2006 and the project has been successful in training the hearing
impaired children, he was not paid minimum time scale of pay
attached to the post and his services were not regularized.
6. Per Contra, learned Government Pleader for Endowments
submits that the petitioner was engaged by Balavidyalaya, Chennai,
to render his services in Sravanam project and he was paid
consolidated wages. He further submits that the petitioner was not
selected by the TTD on the regular establishment and the order
passed by the Hon'ble High Court in W.P.No.2156 of 2018, dated
25.01.2018 does not apply to the petitioner's case. Therefore, the
petitioner is not entitled for minimum time scale of pay and
regularization of his services.
7. Earlier, this Court has passed orders in various writ petitions,
which are filed along with this writ petition, directing the
respondents to pay the petitioners' therein minimum time scale of
pay attached to the post. The petitioner is also similarly situated to
that of the petitioners therein.
8. Having regard to the facts and circumstances of the case, the
writ petition is disposed of directing the respondents to pay the
petitioner the minimum time scale of pay attached to the post from
the date of filing of the writ petition. No costs.
As a sequel, miscellaneous applications pending, if any, shall
stand dismissed.
________________________
Dr. K. MANMADHA RAO, J
Date: 12.07.2022
HS
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
Writ Petition No.13898 of 2020
Date: 12.07.2022
HS
