The State Of Telangana vs P.Venkata Ramana
2022 Latest Caselaw 4284 Tel

Citation : 2022 Latest Caselaw 4284 Tel
Judgement Date : 25 August, 2022

Telangana High Court

The State Of Telangana vs P.Venkata Ramana on 25 August, 2022

Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy

           THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                     AND
           THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                         I.A.No.1 of 2022
                              In/And
                   Writ Appeal No.913 of 2019
COMMON JUDGMENT:             (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



       Heard Ms. Vani Reddy, learned Government Pleader

for School Education appearing for the appellants, and

Mr. M. Srikanth, learned counsel for the respondents.

2. The writ appeal is directed against the order dated

23.10.2019 passed by the learned Single Judge allowing

W.P.No.7769 of 2019 filed by the respondents.

3. The writ petition was filed seeking the following

relief:-

"....to issue a Writ Order or Direction particularly one in the nature of Writ of Mandamus declaring the proceedings of the fourth respondent in Rc.No.4709/A12/2019 dated 09.04.2019 instructing all the Principals of TSR Institutions in the State to terminate the services of all the PGTs/TGTs/PETs/Staff Nurse working on contract basis and guest faculty in their respective institutions on the last working day of the present academic year 2018-19 as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and also contrary to the submissions made by them in W.P.No.38758 of 2018 dated 31.01.2019 and set aside the same..."

4. Respondents contended before the learned Single

Judge that they were working as Teachers on contract

basis from the year 2000 onwards. Appellants had been

paying remuneration to the respondents for the period they

had rendered service. Fourth appellant issued proceedings

dated 09.04.2019 instructing Principals of all Residential

Educational Institutions of Telangana to terminate the

services of the Teachers and Staff of different grades

working on contract basis and as guest faculty on the last

working day of the academic year 2018-19.

5. The contentions of the respondents were opposed by

the appellants. Appellants pointed out that respondents

were working on contract basis and when there was no

work, they were justified in terminating the services of the

respondents.

6. Learned Single Judge on due consideration was of

the opinion that proceedings dated 09.04.2019 issued by

the fourth appellant were contrary to the law laid down by

the Supreme Court in Ahalya Samtaney vs. State of

Maharashtra1. Accordingly, the same was set aside and the

appellants were directed to continue the respondents in

service for twelve months and to pay remuneration to them

accordingly. Against the aforesaid order of the learned

Single Judge, present appeal came to be filed.

7. In the proceedings held on 14.07.2021, learned

counsel for the appellants submitted that she be permitted

to advise appellant No.2 to consider regularising the

services of the respondents working on contractual basis in

different schools under appellant No.2 since the year 2003

as Trained Graduate Teachers (TETs), Post Graduate

Teachers (PGTs) etc., by extending relaxation in respect of

age and qualification based on the period of service

rendered by them.

8. In the proceedings held on 13.07.2022, learned

counsel for the appellants informed the Court that

appellants have taken a decision to grant benefit of salary

etc., to the respondents for the period of summer vacation

as well, but prospectively from the year 2022 in terms of

G.O.Rt.No.1206 dated 05.07.2022. This Court extracted

2018 Law Suit (SC) 780

G.O.Rt.No.1206 dated 05.07.2022 and passed the following

order:-

"G.O.Rt.No.1206, dated 05.07.2022, reads as under:

"In the circumstances as stated by the School Education Department vide reference 5th read above, Government hereby accords permission for payment of twelve (12) months remuneration instead of ten (10) months to the Contract Resident Teachers (CRTs) working in Telangana Residential Educational Institutions Society, on par with other similar Residential Educational Institutions.

2. The School Education (Trg) Department, Telangana State, Hyderabad, shall take necessary further action in the matter, accordingly."

From the above, we find that there is no explicit mention that the remuneration to be paid to the respondents for the twelve months would be effective from the date of issue of G.O.Rt.No.1206, dated 05.07.2022.

According to learned Senior Counsel for the respondents, respondents are entitled to the said benefit from the date of order of the learned Single Judge. Order of learned Single Judge is dated 23.10.2019.

While appellants are directed to pay remuneration in terms of G.O.Rt.No.1206, dated 05.07.2022, to the respondents immediately for the current year, entitlement of the respondents for the previous years shall be decided on the next date of hearing.