Andhra Pradesh High Court - Amravati
A.Vijayeswari vs The Stateof Andhra Pradesh on 3 October, 2024
APHC010243762021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY ,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 14789 OF 2021
Between:
A.Vijayeswari
ijayeswari and Others ...PETITIONER(S)
AND
The Stateof Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K SRINIVASA PRASAD
Counsel for the Respondent(S):
1. GP FOR EDUCATION
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India
"to
to issue an appropriate 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 the case of the petitioners for absorption in aided retiremental/ existing
vacancies from the date of their initial appointments and in not extending th
the similar
benefits of various G.Os
Os and recent G
G.O.Ms.No.12
12 Higher Education (C.E.A2)
Department dated 10.03
03.2021 issued as per the Common Judgment passed in
W.A.No.263
.263 of 2019 and batch dated 31.
31.07.2020 and G.O.Ms.No
No.18 Higher
Education (C.E.A2)) Department dated 15.
15.04.2021 and G.O.Ms.No
No.12 School
Education (1E)) Department dated 24.
24.02.2021 and issuing G.Os
Os on the basis of
pressure or orders of this Hon
Hon'ble Court as illegal, arbitrary, discriminatory and
violation of Article 14, 19 and 21 of Constitution of India and consequently direct the
respondent authorities to absorb/regularise the services of the petitioners in grant in
aid posts with all consequential benefits from the date of petitioners initial
appointments by extending 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 as the petitioners arc working in a retiremental
aided/existing vacancies and pass such other and further orders".
2. Heard Ms. Y.H.Swapna, learned counsel, learned counsel for the
petitioners and Ms. P. Sudeepti, learned Assistant Government Pleader for
the respondents.
3. It is the case of the petitioners is that they are discharing duties on
par with regular lecturers by following work load of aided lecturers in 4th
respondent as part time lecturers. While the matter stood thus, there are
various occasions the respondents 2 and 3 called for the report from the
managements of Private Aided Colleges in the State to absorb the services of
the temporary teaching and non teaching staff. The petitioners made a
representations requesting to absorb them into the vacant Grant-in-Aid of
Junior Lectures. But the respondents did not take any steps to absorb the
petitioners into the vacant aided posts. Therefore, the present writ petition
came to be filed.
4. During hearing learned counsel for the petitioners reiterated the
contents urged in the writ affidavit and mainly contended that this matter is
squarely covered by an order of this Court in W.P.No. 7704 of 2021, dated
05.09.2024 and requested to pass similar order in this writ petition also.
5. Perused the record.
6. No doubt, the petitioners have been working as part-time Junior
Lecturers as per appointment orders of the 4th respondent management.
Therefore, the petitioners have made a request to consider for regularization
against the vacant aided post of Junior Lecturers.
7. In similar circumstances of this case the Government issued
G.O.Rt.No.160, dated 16.02.2001 issued that one Dr.R.V.Anuradha, Lecturer
in English without following the procedure prescribed in G.O.Ms.No.12, dated
10.01.1992 has ratified and the individual be admitted into Grant-in-aid against
the vacant aided post with prospective effect i.e from the date of issue of
orders. So also, G.O.Rt.No.525, dated 17.07.2001, one Mr. B. Rama Krishna
Reddy, Lecturer in Economics without following the procedure prescribed in
G.O.Ms.No.905, dated 21.09.1976 has ratified by the 2nd respondent and
permitted to regularize the services of the individual in S.B.S.Y.M. Degree
College, Mydukur, Cuddapah District and admit him into Grant-in-aid with
effect from 16.04.1990.
8. Therefore, in the instant case, the petitioners have been working in
the college by the Management since 2018 and in totality of circumstances,
the Government has been acting arbitrarily and discriminately against the
petitioners. Hence, in view of several orders issued by the government in
similarly situated persons like petitioners ratified and admitted into Grant-in-aid
against the vacant aided post with prospective effect, the petitioners are also
entitled to the same relief. Hence, requested to allow the writ petition.
9. Admittedly, the petitioners have been working as Junior Lecturer as
part time Junior Lecturer in 4th respondent college from 2018 onwards in the
aided vacancy. Hence, their candidature cannot be disputed.
10. However, in the light of several decisions of this Court and also
Hon'ble Apex Court, the case of the petitioners shall be considered, since the
petitioners have been worked since 2018 in the respondent/ college by taking
into consideration of his long standing position. Since the 4th respondent has
appointed as per due procedure, the petitioners position cannot be disturbed
in any manner. Therefore, it is a fit case to consider the case of the petitioners
as Junior Lecturers in aided post, in the existing vacancy.
11. In view of foregoing discussion, this Court is inclined to direct the
respondents to absorb the petitioners as Junior Lecturers in the respondent/
college and continue them in aided vacancy, which already exists with all
consequential benefits, within a period of six (06) weeks from the date of
receipt of a copy of this order.
12. With the above direction, this Writ Petition is disposed of. There
shall be no order as to costs.
13. The miscellaneous applications pending, if any, shall also stand
closed.
______________________________
DR. JUSTICE K. MANMADHA RAO
Date: 03.10.2024
KK
