Andhra Pradesh High Court - Amravati
Between vs The State Of Andhra Pradesh And Others on 8 August, 2024
APHC010138162021
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: 7995/2021
Between:
Mr. V. Nageswara Rao, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K SATYANARAYANA MURTHY
Counsel for the Respondent(S):
1. GP FOR SERVICES III
2. E V V S RAVI KUMAR
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 considering for absorption
of the petitioners' services in aided retiremental vacancies
from the date of their initial appointments as the petitioners
are working for the last 10 to 13 years as per the individual
particulars submitted by the 4th respondent college
management to the 2nd respondent authorities through 3rd
respondent and in not extending the similar benefits of
various G.Os and recent G.O.Ms.No.12, Higher Education (CE-
A2) Department, dated 10.03.2021 issued as per the Common
Judgment passed in W.A.No.263 of 2019 and batch, dated
31.07.2020 and issuing G.Os on the basis of pressure or
orders of this Hon'ble Court, 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
petitioners' service in grant in aid posts with all consequential
benefits from the date of petitioners initial appointments by
extending the similar benefit in terms of G.O.Ms.No.12, Higher
Education (CE-A2) Department, dated 10.03.2021 by
considering the Common judgment passed in W.A.No.263 of
2019 and batch, dt.31.07.2020 and various G.Os issued by
granting exemption from time to time by considering the
particulars of the petitioners submitted by the 4 th respondent
to 2nd respondent through 3rd respondent as the petitioners
are working for the last 10 to 13 years of service in a
retiremental aided vacancies...."
2. Heard Sri K.Satynarayana Murthy, learned counsel appearing for the
petitioners and learned Assistant Government Pleader for Services-III,
appearing for the respondents.
3. On hearing, learned counsel for the petitioners 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. She further submits that the appointment of the petitioners itself
is illegal as the petitioners do not have requisite qualification i.e
NET/SLET/Ph.D at the time of appointment. Further, as per Umadevi
judgment, all the petitioners have not put in 10 years of continuous service as
on 10.04.2006 as they were all appointed after 10.04.2006. Hence, these
appointments are illegal and cannot be regularized as per the law laid down
by apex Court judgments. 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
