Sri Shaik Moulana Azad vs State Of Ap
2022 Latest Caselaw 7162 AP

      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

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

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)