Telangana High Court
Dr. M. Chenna Krishna Reddy, vs Osmania University, on 3 February, 2025
Author: P.Sree Sudha
Bench: P. Sree Sudha
THE HON'BLE SMT. JUSTICE P. SREE SUDHA
WRIT PETITION No. 4107 OF 2014
ORDER:
This writ petition is filed to declare the action of respondent
in issuing proceedings No.MR473/132/2009/Admn.I-1, dated
12.08.2013 rejecting the petitioners' case for regularization of
service from the date of their initial appointment i.e., 12.10.1991
for petitioner Nos.1 and 2 and 09.01.1991 for petitioner No.3 and
regularizing the same from 25.02.2006 and to direct the
respondent to consider petitioners' cases for regularization with
effect from the date of their initial appointment and pay all the
consequential benefits as it was done in the case of similarly
situated persons and for other appropriate reliefs.
2. Heard both sides. Perused the record.
3. The petitioners are adhoc lecturers appointed in the above
respective dates, but their services were regularized on
25.02.2006. They gave representations on 21.09.2006,
02.01.2008 and 28.08.2008 requesting the authorities that their
services are to be regularized with effect from the date of their
initial appointment and later they approached this Court filed writ
petition No.4614 of 2010. This Court vide order dated 26.02.2010
directed the authorities to consider the representations of the
petitioners and pass appropriate orders, but it was not considered
by the Registry of the Osmania University, as such they preferred
this present writ petition.
4. Learned counsel for petitioners relied upon a decision of the
Hon'ble Apex Court in State of Gujarat and Others
Vs.Talsibhai Dhanjibhai Patel 1, in which it was held as follows:
It is unfortunate that the Sate continued to take the
services of the respondent as an ad-hoc for 30 years and
thereafter not to contended that as the services rendered
by the respondent are ad-hoc, he is not entitled to
pension/pensionary benefit. The State cannot be
permitted to take the benefit of its own wrong. To take
the Services continuously for 30 years and thereafter to
contend that an employee who has rendered 30 years
continues service shall not be eligible for pension is
nothing but reasonable. As a welfare state, the State as
such ought not to have taken such a stand.
5. He also relied upon the judgment of the Co-ordinate Bench
of this Court in W.P.No.11735 of 2019, in which the Co-Ordinate
Bench relied upon a decision of the Hon'ble Apex Court in
W.P.No.8201 of 2016 dated 17.03.2016 referring to Rules 13 and
14 of the Andhra Pradesh Revised Pension Rules, 1980 were
considered and it was stated that the qualifying service of a
Government Servant shall commence from the date he takes
charge of the post to which he is first appointed with
substantively or in an officiating or temporary capacity.
2022 SCC Online SC 2004
6. In this case, admittedly, the petitioners were appointed in
the above dates mentioned in the impugned order and their
services were regularized after 15 years when they requested the
authorities to regularize their services from the date of their
appointment and it was not considered, as such they approached
this Court. Even after the direction of this Court, the Registry
simply stated that the issue was placed before the Executive
Council and they held that it cannot be considered without
assigning any reasons. They have not quoted any rule position
and nor assigned any reasons and simply refused to consider the
representations of the petitioners and direction of this Court.
Therefore, this Court finds that it is just and reasonable to set
aside the Order in view of the rule position cited above, petitioners
are entitled for regularization from the date of their appointment.
It is brought to the notice of this Court that petitioner Nos.1 and 3
were retired and petitioner No.2 is still in the service. Therefore,
all the petitioners are entitled for the pensionary benefits as per
the regularization from the date of the appointment.
7. In the result, this writ petition is allowed. No costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
___________________
P.SREE SUDHA, J
Date: 03.02.2025
CHS
