WRIT PETITION 8476 of 2014 on 25 November 1993

ORDER:

The petitioner is aggrieved by the proceedings, dated 10.12.2011, issued by the 2[nd] respondent, whereby the 2[nd]respondent rejected the case of the petitioner on the ground that the petitioner was aged 15 ½ years as on the date of his initial appointment i.e., on 01.09.1985.

02. The petitioner claims that he has completed 27 years of service in the 4[th] respondent’s college, without any break, on the consolidated pay, as on the date of filing the present writ petition. On 25.04.2008, the 4[th] respondent had sent proposals to the 2[nd] respondent for regularizing the services of the petitioner as per G.O.Ms.No.212, dt.22.04.1994 against the aided vacant post which arose due to promotions and retirements of last grade employees. The 4[th] respondent sent the proposals to the 2[nd] respondent along with the required information for perusal of the Government and for issuing necessary orders of regularization. The 2[nd] respondent, vide Memo, dt.12.10.2010, sought further information on students'

strength of aided sections of the college for the last three years and the number of sanctioned contingent posts and the vacancies therein.

03. In reply, the 4[th] respondent addressed a letter, dt.03.11.2010, furnishing the relevant information stating that the total sanctioned contingent posts in the attender cadre as 14, out of which 5 persons were working as attenders and 9 vacant posts in the attender cadre. The petitioner claims that the Government had considered the similarly placed persons, who were working continuously for 5 years and were continuing as on 25.11.1993 were regularized. The petitioner claims that he complied with the condition of 5 years of service by 09.09.1992, which is well within the cut-off date i.e. 25.11.1993, as per G.O.Ms. No.212. In this regard, the petitioner made several representations to absorb him into a grant-in-aid post. However, the 2[nd] respondent, in response to the correspondence made by the 4[th] respondent, issued the impugned proceedings.

04. The 2[nd] respondent has issued the impugned proceedings, after having considered the case of the petitioner, denying the benefit of regularization, as the petitioner did not fulfill the condition of stipulated age as on the date of his appointment and that the remuneration paid by the private management cannot be accounted for and as such, the case of the petitioner was rejected for absorption under G.O.Ms. No.212, dt.22.04.1994.

05. No counters are filed by any of the respondents.

06. The petitioner’s case for regularization was considered by the 4[th] respondent and addressed a letter dt.25.04.2008 categorically stating that the 4[th] respondent’s College Management could not submit the proposals for regularization of the petitioner in the aided post till such date, as there was no aided vacant post in the College in the contingent cadre. However, the vacancy in the aided post has arisen on account of the retirement and promotion of last grade employees.

07. The 4[th] respondent’s college also informed the 2[nd]respondent that the college is the oldest college established during the year 1945 and that the Government has sanctioned

14 posts in the cadre of attenders and 12 posts in the cadre of converted contingent posts and all the posts are admitted to grant-in-aid. The college students’ strength is 3647 and requested the 2[nd] respondent to regularize the services of the petitioner, who has been working continuously for the past 22 years as on 25.04.2008. The statement showing the vacancy position as on 04.03.2008 is also communicated to the 2[nd]respondent. Continuing the service of the petitioner on a contingent basis in spite of having clear aided vacancy is a deliberate act of arbitrariness on the part of the 2[nd] respondent on the ground that the petitioner had not attained the age of majority as on the date of his initial employment and as such the benefit under G.O. Ms. No.212, dt.22.04.1994 cannot be extended to the petitioner is illogical, irrational and also illegal.

08. In A.Pratap Singh v. A.P.S.E.B. Hyderabad and others[1], the Full Bench of the erstwhile High Court of Andhra Pradesh has considered the regularization of the Village Electrical Workers, who were minors at the time of initial appointment, but attained the age of majority when the other 1 2000(6) ALD 689 (FB)

similarly placed Junior Lineman were being considered for regularization, this Court has directed the respondents therein to regularize the petitioner therein within a period of 6 months subject to availability of the post.

09. The conditions set out with respect to serving continuously for a period of 5 years and continuing as on 25.11.1993 are fulfilled by the petitioner and the case of the petitioner ought to have been considered by the respondents. It is also not in dispute that there were clear vacancies for the post of attender and also not in dispute that the services of the petitioner are no longer required in the 4[th] respondent college. The State Government has the power to relax last grade service rules under Rule 27 of the Andhra Pradesh Last Grade Service Rules. It is not the case that the State Government has never exercised the powers conferred by Rule 27 and as stated by the writ petitioner, the rule position was invoked and several employees were considered for regularization after they were found to have met with the condition of completion of 5 years within the cut-off date.

10. Considering the facts and circumstances, keeping in view the services of the petitioner as an attender on a contingent basis for the last 38 years, and also considering the vacancy position in the 4[th] respondent’s college, this Court deems it just and proper, to direct the 2[nd] respondent, to consider the case of the petitioner for regularization in terms of G.O.Ms.No.212, dt.22.04.1994 and to issue appropriate orders.

11. Accordingly, the writ petition is allowed without costs.

Pending miscellaneous applications, if any, shall stand closed.

Dt.28.12.2023 BV

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JUSTICE HARINATH. N