The State Of Andhra Pradesh vs S Srinivasa Rao
2024 Latest Caselaw 7637 AP

Andhra Pradesh High Court - Amravati

The State Of Andhra Pradesh vs S Srinivasa Rao on 23 August, 2024

  IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
           THE HON'BLE SRI JUSTICE G.NARENDAR
                                  and
            THE HON'BLE SRI JUSTICE HARINATH. N
  + WRIT APPEAL Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194,
 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213,
 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280,
 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024
                          % 23.08.2024
WA.No.1193 of 2023
#Between:
  The Government of Andhra Pradesh, Rep.by its Principal
  Secretary, Higher Education Department, A.P.Secretariat,
  Velagapudi, Amaravathi, Guntur District and two others .

                                                   ...Petitioners
                                AND
   G.Naga Suresh Gupta, S/o.G.V.Chalapathi Rao, aged
   about 44 years, Lecturer in Mathematics (un aided)
   Sri.Subbayya & Narayana College, Narasaraopet,
   Guntur District and another.
                                                      ...Respondent

Counsel for the Petitioners:

Learned GP FOR HIGHER EDUCATION (AP)

Counsel for the Respondent(S):

1. Sri.G.L.V.RAMANA MURTHY

2. Sri.N.BHARAT BABU

The Court made the following:

<Gist:

>Head Note:

? Cases referred:

1. (2004) 2 SCC 150

2. (2009) 5 SCC 65

3. (2011) 2 SCC 429

4. 2006 (4) SCC 1 This Court made the following:

//2// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THE HON'BLE SRI JUSTICE G.NARENDAR and THE HON'BLE SRI JUSTICE HARINATH. N + WRIT APPEAL Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024 % 23.08.2024

#Between:

The Government of Andhra Pradesh, Rep.by its Principal Secretary, Higher Education Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District and two others .

...Petitioners AND G.Naga Suresh Gupta, S/o.G.V.Chalapathi Rao, aged about 44 years, Lecturer in Mathematics (un aided) Sri.Subbayya & Narayana College, Narasaraopet, Guntur District and another.

...Respondent

DATE OF JUDGMENT PRONOUNCED: 23.08.2024 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE G.NARENDAR and THE HON'BLE SRI JUSTICE HARINATH. N

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of order may be marked to Law Reporters/Journals? Yes/No

3. Whether Your Lordships wish to see the fair copy of the order?

Yes/No

____________________ JUSTICE HARINATH.N //3// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

APHC010590592023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3466] (Special Original Jurisdiction)

FRIDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR THE HONOURABLE SRI JUSTICE HARINATH.N WRIT APPEAL Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

Between:

The Government Of Andhra Pradesh and Others ...APPELLANT(S) AND Sri G Naga Suresh Gupta and Others ...RESPONDENT(S) Counsel for the Appellant(S):

1. Learned GP FOR HIGHER EDUCATION (AP) Counsel for the Respondent(S):

1. Sri.G.L.V.RAMANA MURTHY

2. Sri.N.BHARAT BABU

The Court made the following:

//4// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

THE HONOURABLE SRI JUSTICE G.NARENDAR and THE HON'BLE SRI JUSTICE HARINATH. N

WRIT APPEAL Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

COMMON JUDGMENT (Per Hon'ble Sri Justice Harinath.N) :

The batch of writ appeals are filed by the State aggrieved by the

order of the learned Single Judge allowing the writ petitions by setting

aside the orders rejecting the absorption of the respondents in the writ

appeals in Aided posts. The learned Single Judge further directed the

State to absorb the petitioners in the Aided posts of Lecturers in the

respective private managements with all consequential benefits. The

said orders are challenged and as a common issue involved in all the

writ appeals, as such a common judgment is passed.

2. The learned Government Pleader submits that the learned

Single Judge grossly erred in not considering the counter affidavit

submitted in the writ petition and erroneously held that no counter was

filed. The State has submitted a detailed counter affidavit and the same

is on record.

3. The learned Government Pleader also submits that the

respondents were made amply clear through various proceedings //5// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

categorically mentioning that those posts will be un-aided and will not

be admitted to grant-in-aid either now or in future and the entire

expenditure will be met from the College Management Funds Only. It is

also submitted that the respondents were engaged as un-aided

Lecturers in pursuance of the proceedings referred above. In such a

scenario the respondents cannot seek absorption into aided regular

government vacancies. The learned Government Pleader further

submits that the detailed counter filed by the State was not at all

considered by the learned Single Judge before passing the orders

impugned in the writ petitions.

4. The learned Government Pleader also submits that the

respondents were aware of their terms of appointment and they are

also aware of the conditions of their employment. The respondents are

also aware of their non-existent right seeking absorption into the Aided

post. It is also stated that, the respondents also have not submitted any

documents which assured them of their right to seek absorption into

grant-in-aid post.

5. GOMs.No.12, dated 22.01.1992 prescribes the procedure for

selection of Lecturers and Junior Lecturers. The relevant portion

extracted hereunder ;

The private managements shall notify the vacancies to the employment exchange and without waiting for //6// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

sponsoring of candidates by the employment exchange, after a lapse of 15 days, the private management shall notify the vacancies in 2 dailies indicating the roster point, calling for application from the eligible candidates. It is brought to the notice of the Court, the private managements

have not notified the vacancies and have evaded intimation to the

employment exchange.

6. It is also submitted that majority of the aided institutions have

voluntarily surrendered their aid and staff to the Government in

consonance with the policy decision of the Government notified vide

GOMs.No.42, dated 10.08.2021. The learned Government Pleader

relies on Union of India Vs. S.B.Vohra1, the Hon'ble Supreme Court

held as follows ;

13. A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty or by operation of law. The writ of mandamus is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been granted.

7. The learned Government Pleader also placed reliance on

Seshmani Shukla Vs. District Inspector of Schools2, the Hon'ble

1 (2004) 2 SCC 150 2 (2009) 5 SCC 65 //7// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

Supreme Court held that the writ petitioner must establish a legal right

in himself and a corresponding legal duty in the State. Further reliance

is placed on State of Rajasthan Vs. Dayalal and others3. The Hon'ble

Supreme Court referred to the well settled principles relating to

regularization and parity in pay.

8. The learned Government Pleader also places reliance on

Secretary, State of Karnataka Vs. Umadevi4, the Hon'ble Supreme

Court has laid down the guiding principles in so far as the

regularization of employees is concerned.

9. The learned Government Pleader submits that the reliance

placed by the respondents on cases where directions to regularize the

services of the petitioners therein were issued would not be applicable

universally for all such employees. It is submitted that the said orders

came into existence on account of administrative lapses such as non-

filing of counters or failure on part of the State to place the appropriate

facts before the Court. Such orders ought not to be considered for

grant of similar reliefs more so when the State is placing all relevant

material to reject the claim of the respondents.

10. The learned counsel for the respondents' places reliance on

various Government Orders issued by the State from time to time and

3 (2011) 2 SCC 429 4 2006 (4) SCC 1 //8// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

placed heavy reliance on the orders passed by this Court in Writ

Appeal No.263, 340 of 2019 and 69, 218 of 2020. Whereby this Court

has dismissed the writ appeals filed by the State against the order of

the learned Single Judge passed in a batch of writ petitions directing

the respondents therein to absorb the petitioners into grant-in-aid

posts. As seen from the order passed by the learned Single Judge and

also the order of the writ appeal relied upon by the learned counsel for

the respondents, it is evident that the material before this Court by the

State for denying the claim of the respondents was not placed before

this Court and as such the learned Single Judge and Division Bench of

this Court have passed the orders on the material placed before them

only.

11. That apart, as seen from the order of the learned Single Judge it

is evident that the learned Single Judge has erred in holding that there

was no counter on record. The detailed counter filed by the State

amply clarifies the stand of the State in so far as absorption of the

respondents into aided posts. The case of each of the

respondent/employees has to be considered individually on merits and

appropriate orders must be passed against each of the employee.

There cannot be an omnibus consideration of the cases of the

respondents and it is not expected that the State shall pass an

omnibus order in the cases of all similarly placed employees who are //9// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

seeking regularization. The State has to consider each case of the

employee duly taking into account their terms of employment and

whether the private colleges have followed the procedure stipulated

under the GO for selecting the respondents. The State ought to also

consider the terms and conditions of employment before passing the

detailed order. The respondents shall submit individual applications to

the appellants within a period of six weeks from the date of receipt of

this order. The respondents shall also submit the relevant annexures,

such as, the appointment letter, service record if any available with the

respondents and any other document relating to their claim for

absorption into aided posts.

12. The appellants shall pass appropriate orders preferably within a

period of 8 (eight) weeks after receipt of such representations from the

respondents. With these observations the writ appeals are disposed off

without costs.

Pending miscellaneous petitions, if any, shall stands closed.

_____________________ JUSTICE G.NARENDAR

____________________ JUSTICE HARINATH.N

Dated 23.08.2024 KGM //10// WA.Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

THE HON'BLE SRI JUSTICE G.NARENDAR & THE HON'BLE SRI JUSTICE HARINATH. N

WRIT APPEAL Nos.1193, 1150, 1151, 1152, 1153, 1155, 1194, 1195, 1198, 1202, 1203, 1204, 1205, 1208, 1209, 1210, 1211, 1213, 1214, 1228, 1229, 1231, 1232, 1233, 1234, 1250, 1253, 1279, 1280, 1281, 1282 of 2023, 6, 7, 8, 9, 10, 11, 12, 13, 278, and 379 of 2024

23.08.2024 KGM