WP(TR)/5769/2017 of A.SUDHAKAR REDDY Vs State of Telangana on 31 December 2024

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

TUESDAY ,THE THIRTY FIRST DAY OF DECEIV1BERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

WRIT PETITION [(TR) ]NO: 5769 OF 2017

Between

'1 . A.Sudhakar Reddy, S/o Adi Reddy, 48 Years, Occ Junior Leeturer inEconomics, Working on [\,4inimum Time Scale Government Junior College(Boys) Siddipet. t\,4edak District R/o H.No. 16-'158/54, Srinagar Colony,siddipet, I\zledak District.. A.Sudhakar Reddy, S/o Adi Reddy, 48 Years, Occ Junior Leeturer inEconomics, Working on [\,4inimum Time Scale Government Junior College(Boys) Siddipet. t\,4edak District R/o H.No. 16-'158/54, Srinagar Colony,siddipet, I\zledak District.2. Y.Vivekananda Reddy, S/o Late Y.V.Subba Reddy, 53 Years, Occ JuniorLecturer in Zoology, Working on lvlinimum Trme Scale, Government JuniorCollege, Balkonda, Nizamabad District Fl/o Flat No. 305-4, Ashoka Towers,Near Baswa Gardens, Nizamabad.Lecturer in Zoology, Working on lvlinimum Trme Scale, Government JuniorCollege, Balkonda, Nizamabad District Fl/o Flat No. 305-4, Ashoka Towers,Near Baswa Gardens, Nizamabad.3. D.Veera Reddy, S/o D.Pota Reddy, 51 Years, Occ Junior Lecturer inEconomics, Working on lVlinimum Time Scale Government Junior College,Bheemghal. Nizamabad District Rl/o H.No. 3-74, Vijayapur Colony, ChoudariGuda, Ghatakesar, R.R.DistrictEconomics, Working on lVlinimum Time Scale Government Junior College,Bheemghal. Nizamabad District Rl/o H.No. 3-74, Vijayapur Colony, ChoudariGuda, Ghatakesar, R.R.District

4. P.Suresh Babu, S/o P.Narasaiah, 50 Years, Occ Junior Lecturer rn PhysicsWorking on Minimum Time Scale Government Junior College, Dharpally,Nizamabad District R/o 1 -12-123110, Vinayaknagar, Nizamabad.Working on Minimum Time Scale Government Junior College, Dharpally,Nizamabad District R/o 1 -12-123110, Vinayaknagar, Nizamabad.5. V.Krishna Das, S/o V.Simhadri, 5'1 Years, Occ Junior Lecturer in Commerce,Working on Minimum Time Scale Government Junior College, Bheemghal,Nizamabad District R/o H.No. 5-84, Behind Rajesh Photo Studio, Mamidipally,Armoor lt4andal. Nizamabad District.Working on Minimum Time Scale Government Junior College, Bheemghal,Nizamabad District R/o H.No. 5-84, Behind Rajesh Photo Studio, Mamidipally,Armoor lt4andal. Nizamabad District.6. G.l\,4allesham, S/o Late Bal Ram, Aqe 48 Years, Occ Junior Lecturer inHistory Working on l\,4rnimum Time Scale Government Junior college,Ramayampet, ltzledak District RJo H.No. 1O-1-202, [\4angammatota, Siddipef.Medak District, PIN-502103History Working on l\,4rnimum Time Scale Government Junior college,Ramayampet, ltzledak District RJo H.No. 1O-1-202, [\4angammatota, Siddipef.Medak District, PIN-5021037. K.Shashidhar Reddy, S/o K Gal Reddy, 50 Years, Occ Junior Lecturer inMaths Working on [t4inimum Time Seale Government Junior College,Kondapak tu4edak District R/o H.No. 17-17711, Flat No. 104, HaripriyaResidency, Srinagar Colony, Slddipet. l\,4edak District - 502'l 03Maths Working on [t4inimum Time Seale Government Junior College,Kondapak tu4edak District R/o H.No. 17-17711, Flat No. 104, HaripriyaResidency, Srinagar Colony, Slddipet. l\,4edak District - 502'l 038. Working K.Ashok , on S/o Late K.Bhushana Minimum Time Scale Chary 50 Government Years, Occ Junior Junior Lecturer College for in ft/athsGirls,lr/arredpalli, Secunderabad Fl/o H.No. 1-21-32812, Chittaraiah Colony,Venkatapuram, Secunderabad - 15lr/arredpalli, Secunderabad Fl/o H.No. 1-21-32812, Chittaraiah Colony,Venkatapuram, Secunderabad - 159. Working B.Usha Rani. on Minimum , D/o B.Lingaji Time Rao, Scale 49 Government Years, Occ Junior Lecturer in Junior College, Makthal,Telugu[\/ahaboobnagar District Rl/o H.No. 4-24212, Basaveswara Colony, Makthal,Mahaboobnagar District[\/ahaboobnagar District Rl/o H.No. 4-24212, Basaveswara Colony, Makthal,Mahaboobnagar District

'10. G.Rama Rao, S/o Purushothama Rao, 45 Years, Occ Junior Lecturer inPhysics Working on Minimum Time Scale Government Junior College,Banigandlapadu, Khammam District, RJo H.No. 12-169, Pullakhandam VariStreet. Behind Sri Chaitanya School, lvladhira [- ]5O7 2O3, Khammam DistrictPhysics Working on Minimum Time Scale Government Junior College,Banigandlapadu, Khammam District, RJo H.No. 12-169, Pullakhandam VariStreet. Behind Sri Chaitanya School, lvladhira [- ]5O7 2O3, Khammam District11. Pandari, S/o Bheemappa, 50 Years, Occ Junior Lecturer in Telugu Workingon Minimum Time Scale Government Junior College, Marpally, Ranga Reddyon Minimum Time Scale Government Junior College, Marpally, Ranga Reddy District Fl/o H.No.4-7-2261293, Opp. S.P.Office, [Vikarabad ][- ][50 ][1 ][101, ][Ranga]Reddy District.Reddy District.12. H.Sathyanarayana, S/o Vittal Rao, 51 [Years, Occ ][Junior ][Lecturer-ini ][Hindi,]Workin! on l\zlinimum Time Scale, Government [Junior College ][for-t,Boyq']Adilaba"d, Fl/o H.No. 3-9-1 11, Ayyappa [Nagar, Gujarathi ][Hrndi ][High ][Sbhool,]Weekly Market. Kamareddy, Nizamabad [Dist.]Workin! on l\zlinimum Time Scale, Government [Junior College ][for-t,Boyq']Adilaba"d, Fl/o H.No. 3-9-1 11, Ayyappa [Nagar, Gujarathi ][Hrndi ][High ][Sbhool,]Weekly Market. Kamareddy, Nizamabad [Dist.]

l3.G.Navirathna Kumar, S/d G.K.Das, [56 ][Years, Junior ][Lecturer ][in ][English,]Working in Minimum Time Scale, Government [Junior ][College ][for ][Girls,]Jaqityala, R/o H.No. 1-7-95, Kamala [Nagar,ECIL, ][Hyderabad]Working in Minimum Time Scale, Government [Junior ][College ][for ][Girls,]Jaqityala, R/o H.No. 1-7-95, Kamala [Nagar,ECIL, ][Hyderabad]14. G.Ba-lreddy, S/o Sammi Reddy, 54 [Years, Occ Junior ][Lecturer ][in ][Histo-ry,]Working oh ltilinimum TimeScale Government Junior [College, ]Cfenlql [R/q]H.No. 2-29, Sundarsala, Duddenapalli [(PO) ][Chennur ][tr4andal. ][Adilabad]DistrictWorking oh ltilinimum TimeScale Government Junior [College, ]Cfenlql [R/q]H.No. 2-29, Sundarsala, Duddenapalli [(PO) ][Chennur ][tr4andal. ][Adilabad]District

15. N.Ramu, S/o Yadagiri sarma, 47 [years, ][Occ ][Junior ][Lecturer ][in ][Sanskrit.]Working on Minimum Time Scale Government City Junior [College ][Beside]High Court, HyderabadWorking on Minimum Time Scale Government City Junior [College ][Beside]High Court, Hyderabad16. M.D-Farqundali Khan, S/o Mahmood Khan, [55 ][Years, ][Occ ][Junior ][Leqturer ][in]History, Working on Minimum Time Scale [Government ][Junior ][College,]Bhaimsa, Adilabad District.History, Working on Minimum Time Scale [Government ][Junior ][College,]Bhaimsa, Adilabad District.

17. Md. Naseerudin, S/o Md.Khairuddin, 53 [years, Occ Junlor ][Lecturer ][in ][Urdu,]Working on Arlinimum Time Scale, Government Junior [Science]Colleqe,Karimnaqar, Rl/o H-No. 1-2-'161 , Old Bazar, [Karimnagar]Working on Arlinimum Time Scale, Government Junior [Science]Colleqe,Karimnaqar, Rl/o H-No. 1-2-'161 , Old Bazar, [Karimnagar]18. G.Na6endar Rao-, S/o Lakshmi Narayana, [53 ][Years, Occ Junior Lecturer ][in]Chemistry, Working on Minimurn Time Scale, [Government ][Junior ][College,]Kharnam, Rl/o H.No. 1O-1-43, Flat No. 401, [Brundavan ][Apartments,]KhammamChemistry, Working on Minimurn Time Scale, [Government ][Junior ][College,]Kharnam, Rl/o H.No. 1O-1-43, Flat No. 401, [Brundavan ][Apartments,]Khammam

19. V.Ravinder, Sio Narasimha Chary, 53 [Years, ][Occ ][Junior ][Lecturer ][in ][Physics]Working on [\,4inimum Time Scate Government [Junior College, ][Kotagiri._R/o]H.No. i-1-439/1A, Yadagiribagh, Road No. l Vinayak Nagar, [Nizamabad (PO)]Working on [\,4inimum Time Scate Government [Junior College, ][Kotagiri._R/o]H.No. i-1-439/1A, Yadagiribagh, Road No. l Vinayak Nagar, [Nizamabad (PO)]20. Ch.Venkataiah, S/o Muthaiah 52 Years, Occ [Junior Lecturer in ][Civics ][Working]on Minimum Time Scale Government Junior College, [Narasampet, ][Rl/o ][H.No.]227118, Shanthi Nagar, Narasampet. Warangal District.on Minimum Time Scale Government Junior College, [Narasampet, ][Rl/o ][H.No.]227118, Shanthi Nagar, Narasampet. Warangal District.

21. B.Sunii Kumar, S/o E.Venkoba Rao 49 [years, Occ Junior Lecturer ][in ][lvlaths]Working on Minimum Time Scale, Govt. Junior College, [Kothakota, ][Rl/o ][H.No.]8-7-3516, Road No.7 Beside [lt4ore ]Super Market, [R.R.Nagar. Old ][Bowenpatly,]Secunderabad - 11 Working on Minimum Time Scale, Govt. Junior College, [Kothakota, ][Rl/o ][H.No.]8-7-3516, Road No.7 Beside [lt4ore ]Super Market, [R.R.Nagar. Old ][Bowenpatly,]Secunderabad - 11

...APPLT.ANTS

AND

'IState of Telangana, Rep. by its Secretary to [Govt., ][Finance ][(HRIV-I)]Department, Secretariat Building, HyderabadDepartment, Secretariat Building, Hyderabad2Stdte of Telangana, Rep- by its Chief Secretary to Govt.. Secretariat [Building,]HyderabadHyderabad?Siate of Telangana, Rep. by its Principle [Secretary ][to ][Gov't., (lntermediate]Education,) Secretariat Buildings, HyderabadEducation,) Secretariat Buildings, Hyderabad4Commissioner of lntermediate Education [State ]of [Telangana, ][Nampally,]HyderabadHyderabad5Rirgional Joint Director of lntermediate Education, [State ]of [Telangana,]Hanamkonda, Warangal District, State of Telangana-Hanamkonda, Warangal District, State of Telangana- .,.RESPONDENTS

Petition under section 226 cpc praying that in the clrcumstances statedin the affidavit filed in support of the petition, the High court may be pleased toto grant appropriate relief declaring the action of the Respondents in notin the affidavit filed in support of the petition, the High court may be pleased toto grant appropriate relief declaring the action of the Respondents in notconsidering the cases of the Applicants for regularization against the regularvacancies while considering the cases of the contract lecturers for regularizationin issuing G.o.Ms.No-16, Finance (HRtM.l) Department malafide, u nco nstitutionaland violating Article 14, 16 and 21 of the constitution of lndia and issuein issuing G.o.Ms.No-16, Finance (HRtM.l) Department malafide, u nco nstitutionaland violating Article 14, 16 and 21 of the constitution of lndia and issueconsequential directions directing the Respondent to forthwith regularize theservices of the Applicants against the regular posts of lecturers with all otherconsequential benefits with effect from the date of availability oft'regularvacancies with all consequential benefits including arrears of salary for thevacations, increments and revised pay scales and seniority etc., beforeconsidering the cases of contract lecturers tn terms of G.O.l\,4s.No. [.16 ]Finance(HRM.l) Department. dt. 26.02.2016 issued by the 1st Respondent(HRM.l) Department. dt. 26.02.2016 issued by the 1st Respondent Counsel for the Petitioner: SRl. P. V. KRISHNAIAH

Counsel for the Respondents: GP FOR SERVICES IThe Court made the following: ORDERThe Court made the following: ORDER

,/..

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVIIV.P(TRf.No. s769 0F 20t7

ORDER:

In this writ petition, the petitioners are seeking [direction]to the respondents to consider their cases [for ][regularization ][of]their services in terms of the G.O.Ms.No. [16, ][Finance ][(HRM-I)]Department, dated 26.02.2O 16, since they were [working ][against]the regular vacancies and also to [grant ]all [consequential]benehts with effect from the date of availability of [regular]vacancies including arrears of salary for the [vacations,]increments, revised pay scales and seniority, etc., and to [pass]such other order or orders in the interest ofjustice.

2. Brief facts leading to the filing of the [pre ]sent writpetition are that the petitioners were all engaged as part timelecturers in junior colleges in various subjects in variouscolleges in the Telangana region between 1987-1992. TheGovernment had issued G.O.Ms.No.212, dated 22.04.1994,prescribing certain conditions for the regularization ofcontract/part time employees. The cutoff date for fulfillment ofthe condition was on 25.11.1993 and some of the persons wholullilled such conditions were regularized, but the services of the \

a.-

T]VD.Jw.4Tr).No. s769 oJ2017

petitioners have not been regularized on the sole ground thattechnically they have not completed five years of service as onthe aforesaid cutoff date. Thereafter, the petitioners continuedto work as lecturers. In the meantime, the G.O.Ms.No.166,Education (C.E.-i) Department, dated O8.06. 1994, was issuedby the Government with respect to the part time lecturers whohave put in five years of service by 25. 1 1.1993 ald who satisfiedthe various other conditions imposed in G.O.Ms.No.272, dated22.O4.1994 and such of the part time lecturers who completedfive years of service as on 25.i1.1993 were also regularized.However, the petitioners have not been regularized since theydid not complete 5 years of service. The petitioners, werehowever, granted a minimum pay scale in terms of the decisionof the Andhra Pradesh Administrative Tribunal in O.A.No.7956of 2OO2, dated 17.70.2016. However, the petitioners were notpaid the salary for the vacation period and were also not paid,the other beneiits like House Rent Allowance, LeaveEncashment, Earned Leave, Medical benefits, etc. Therefore, thepetitioners filed O.A.No. 1275 of 2016 before the Andhra PradeshAdministrative Tribunai and at the time of admission, theTribunal has granted interim order directing the respondents to TIdD.JrY.47'.J.No. s769 of 20r7

consider the case of the petitioners for the [payment ]of abovebenefits and also for regularization of their services.

3. On abolition of the Tribunal, the O.A., has beentranslerred to this Court and renumbered as W.P.(Tr).No.5769of 2Ol7

4. Learned Government Pleader for Services-l has hleda counter affidavit as well as a stay vacate [petition ]stating thatthe G.O.Ms.No.2l2, dated 22.04.1994, was only a one timemeasure and since the petitioners did not fulltll the conditionsprescribed under the said G.O., their services cannot beregularized.

5. Subsequently, the respondents have passed theorders of regularization of the services of the [pe ][titioners,]however, with effect from the date of the order i.e., 28.06.2022.Therefore, the petitioners have hled an additional afhdavitbringing all the relevant facts on record and the respondentshave also filed a counter afhdavit to the additional affidavit [filed]by the petitioners.

6. Learned counsel for the petitioners submitted that\he issue is now' covered by the decision ofthe Division Bench [of]

rl

l

.TgD,JW.PlTr).No. 5769 oJ 20 17

this Court in W.P.No.41797 of 2015, wherein the [Division]Bench has held that the petitioners therein would be [entitled ][to]regularization of their services lrom the date [thev completed ][five]years of service but would not be entitled to any [monetary]benefits in terms of arrears of [pay, ]but [would ][be eligible ][for]notional fixation of pay and seniority. It [is ][further ][submitted]that the Hon'ble Supreme Court [in ]Special [kave ][(c) ][No. ][i3813 ][of]2O 18 confirmed the order of the Division Bench of this [Court.]

7. Learned Government Pleader for Services-I,however, relied upon the [judgment ]of the [Hon'ble ][Supreme]Court in the case of Surendra Kumar [and Others Vs. ][Greater]Noida Industrial Development Authority [and ][Othersl, ][for ][the]proposition that the contractual employees are [entitled ][to ][the]benefit of regularization only from the [date of ][availability of ][the]vacancy and not otherwise or on [ful{illment ][of ][the ][necessary]conditions for such regularization. [He ][further ][placed ][reliance]the [judgment ]of Hon'ble [Supreme ][Court ][in ][the ][case ][of]upon Divisional Manager, Aravali Golf Club [and ][Another ][Vs.]Chander Hass and Another2, for the [proposition ][that ][the]Courts cannot direct the respondents [to ][create ][the ][posts ][and ][to]

I (2015) 14 SCC 3822 (2ooa) I scc 6a3

the [services ][of ][the ][persons ][as ][it ][wouid ][be without]regllarize jurisdiction

8. Having regard to the [rival ][contentions ][and ][the]material on record, this [Court finds ][that ][since ][the ][services of]the petitioners ha',re [been ][regularized from ][28'06'2022, ][L}:'e ][oriy]issue pending is [whether ][they are eligible ][for regularization ][with]effect from the [retrospective ][date ][of ][completion ][of ][5 ][years ][o[]service or from [the ][date ][of ][availability ][of ][vacancies' ][The]petitioners have been [contesting ][before ][the Tribunal and ][also]before this Court [that ][they ][are ][entitled to ][regularization ][of ][their]services since they [have ][put in ][more ][than ][two ][decades ][of]service. The [respondents ][have ][considered ][their ][cases ][and ][have]their [contentions ][for ][regularization ][but ][have ][only]accepted granted prospective [regularization. ][However, ][it ][is ][also noted ][that]several of the [petitioners ][have since ][retired from ][services ][prior]to the date of regularization [i.e., ][2a.O6.2O22 ][and ][they ][would ][be]deprived of any of the [benefits of ][regularization' ][As ][held ][by ][the]Division Bench of this Court [in ][W.P.No.41797 ][of ][2O15, ][the]petitioners are eligible for [regularization ][from ][the ][date ][of]completion of five [years ]of [service ][or ][from the ][date ][when ][the]

i,

regular vacancies are available against which their [services ][have]been regularized, whichever is later.

9 . In view of the same, this Court deems it fit [and]proper to direct the respondents to consider and [regularize ][the]services of the petitioners in the [order ][of ][their ][seniority from ][the]date on which the regular vacancies [have ][arisen ancl ][the]petitioners have also fulfilled the conditions of [putting ][in ][more]than five years of serwice. The [judgment ][of ][the ][Division ][Bench ][of]this Court has also been confirmed by the [Hon ]ble [Supreme]Court in the case of The Greater [Hyderabad ][Municipd]Corporation rep. by its Commissioner and [Others ][Vs.]P.Liagamma and Others3.

10. In view of the above, the [writ ][petition ][is allowed and]the respondents are directed to [regularize ][the ][services ][of ][the]petitioners notionally from the date of their [completion ][of ][five]years and the availability of the regular [vacancy ]in [the order ][of]their inter-se seniority whichever is [later. ][The respondents ][are]further directed to pass appropriate orders and also [grant ][relief]to the petitioners within a period of SLx (6) months from the date :]sLA (c) No 138I:l of2018

\

/

7

TMD,Jw.47rlNo. s769 of 20t7

of receipt of a [copy ][of this ][order. There ][sha1l ][be ][no order as ][to]

costs.

llMiscellaneous petitions, [if ][any' ][pending ][in ][thrs]

writ petition, [sha11 ][stand ][closed.]

SD/. T.TIRUMALA [DEVI]ASSISTT REGISTRARSETION OFFICER

//TRUE [COPY']

'o',. [,n" ][Secretary ][to ][Govt ][, ][Finance (HRM-I) Department' Secretariat Building']

, ?il3"3n13laecretary [to ][Govt ][secretariat ][Buildhq' ][Hvderabad]3 The [principr" ][s""r"tr'[ ][io"6i"t]]ir'niii*"0-irte ][Edlcdtion,) secretariat]Education [state ][or ][relansana' ][Nampallv']3 The [principr" ][s""r"tr'[ ][io"6i"t]]ir'niii*"0-irte ][Edlcdtion,) secretariat]Education [state ][or ][relansana' ][Nampallv']^ [+Xl'c:t;*lS:l*ld, ]['"t"''"diate ]t " +;!"{3!illal [Joint ]Waranoal District' State [Director of lntermediate^Education' ][ot ][t"''n?3]1j"f][state ][of ][Telangana']Hi"nirflohoa, t " +;!"{3!illal [Joint ]Waranoal District' State [Director of lntermediate^Education' ][ot ][t"''n?3]1j"f][state ][of ][Telangana']Hi"nirflohoa, g. E fJi'X""'.,,," [or ][r ][e ][I ][a ][n ][s ][a ][n ][a at]?,lST3l".S5i HYderabad [OUTI"FSElt';Bp.S'1'+'r'B""ii ?,lST3l".S5i HYderabad [OUTI"FSElt';Bp.S'1'+'r'B""ii

8. Two CD [CoPies]

BMGJPGJP

s

HIGH COURT

DATED:31 11212024

ORDER

WP(TR).No.5769 of [2017]

SIe05 rEil2tri5

ALLOWING THE WRIT [PETITION ][(TR)]WITHOUT COSTS

dG']dqW,