Andhra Pradesh High Court - Amravati
Between vs The State Of Andhra Pradesh And Others on 8 August, 2024
APHC010136172021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY ,THE EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 7776/2021
Between:
M. Bhavani ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. K SATYANARAYANA MURTHY
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION (AP)
The Court made the following:
This writ petition is filed under Article 226 of the Constitution of India for
the following relief:-
"...to issue a writ, order or direction more particularly
one in the nature of writ of Mandamus to declare the action of
the Respondent Authorities in not absorption/regularization a
th petitioner' services as Zoology lecturer in aided vacancy as
per the Common Judgment passed in W.A.No.263 of 2019 and
batch dated 31.07.2020 and not extending the similar benefit
of G.O.Ms.No.12, Higher Education (CE-A2) Department,
dt.10.03.2021 to the petitioner as illegal, arbitrary,
discriminatory, unconstitutional and violation of Article 14, 19
and 21 of Constitution of India and consequently direct the
respondent authorities to absorb/regularisation of the
petitioner's service in grant in aid post by extending the
similar benefit of G.O.Ms.No.12, Higher Education (CE-A2)
Department, dated 10.03.2021 and the Common judgment
passed in W.A.No.263 of 2019 and batch, dt.31.07.2020 and
with all consequential benefits by considering the particulars
of the petitioner submitted by the 4th respondent college on
30.12.2018...."
2. Heard Sri K.Satynarayana Murthy, learned counsel appearing for the
petitioner and learned Assistant Government Pleader for School Education,
appearing for the respondents.
3. On hearing, learned counsel for the petitioner submits that the matter
is squarely covered by an order passed by this Court in W.P.No.11766 of
2021, dated 12.07.2024, and hence, requests this Court to pass similar order
in this petition also. The operative portion of the said order is as follows:
"Accordingly, this Writ Petition is allowed, while directing the
respondents to absorb the petitioners in the clear sanctioned grant-in-aid
posts with all consequential benefits as per rules existed, within a period of
four (04) months from the date of receipt of a copy of this order. There shall
be no order as to costs."
4. Learned Assistant Government Pleader appearing for the
respondents submits that respondent Nos.1 to 3 have filed counter affidavit
denying all the allegations made in the petition. She further submits that the
Management of the 4th respondent-college has appointed the petitioner purely
on temporary/part time basis on a consolidated pay without any paper
notification and without following any selection procedure and without any duly
constituted selection committee, without notifying the vacancies to the
employment exchange, without having clear sanctioned aided vacancies and
without possessing minimum requisite qualifications at the time of
appointment. The salaries are being paid by the Management funds and
further, neither permission was accorded by the government for their
appointment nor salaries were paid by the government. Hence, the question of
absorption does not arise in respect of service of the petitioner. Therefore,
learned Assistant Government Pleader vehemently opposed to allow the writ
petition and prays to dismiss the same.
5. On hearing the submissions of both the learned counsels and upon
perusing the entire material available on record, this Court deems fit to allow
the present writ petition in terms of the above said order.
6. Accordingly, the Writ Petition is allowed in terms of the order dated
12.07.2024 passed by this Court in W.P.No.11766 of 2021. There shall be no
order as to costs.
7. The Registry is directed to attach a copy of the order passed in
W.P.No.11766 of 2021, dated 12.07.2024 to this order.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
__________________________
Dr. K. MANMADHA RAO, J
BMS
