Telangana High Court
Ishtiyaq Ahmed, vs The State Of Telangana, Rep. By Its ... on 18 July, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 28441 OF 2017
O R D E R:
Challenge in this Writ Petition is to Circular Memo No. 8242-A/329/A-1, HRM-VII/2017, dated 22-07-2017 of the 1st respondent on the ground that it s not applicable to petitioner as he was absorbed into services of respondents 3 and 5 as Record Assistant since the date of order of the 4th respondent, as he was surplus employee of the defunct Corporation of the 2nd respondent as on the date of issuance of the aforesaid Circular Memo. A consequential direction is sought to set aside the Proceedings dated 10-08-2017 of the 3rd respondent.
2. The case of petitioner is that he was appointed on 01-01-1992 in the 2nd respondent Corporation as Attender and thereafter, was promoted as Record Assistant in the existing vacant post. While so, as the 2nd respondent Corporation is facing financial crisis to pay salaries of the employees due to inadequate work, the then Managing Director addressed Letter dated 08-11-2012 to the 4th respondent - District Collector to spare petitioner's services on deputation/ absorption. Petitioner is also stated to have made an Application to the 4th respondent expressing his willingness to work in any Government 2 Organizations/ Departments on deputation/ absorption. In view of vacancy in the 5th respondent College, the 4th respondent vide proceedings dated 30.07.2013, absorbed his service into the 3rdrespondent and allotted him to the Regional Joint Director, Warangal for posting at Office of the 5th respondent as Record Assistant, in accordance with the guidelines issued in G.O.Ms.No. 24, dated 09.01.2002. Petitioner accordingly, on 04.09.2013 Fore Noon joined the 5th respondent College.
While the matter stood thus, the 1st respondent issued the impugned Circular Memo answering clarification of the District Collector, Ranga Reddy as to whether the retired surplus staff of the 2nd respondent, who are temporarily redeployed and salaries were drawn and paid by the District Employment Office are eligible for pensionary benefits like gratuity, Commutation of Pension and Pension or not and whether the cases of children of such surplus employees are eligible for compassionate appointments or not. Instead of giving clarification, the 1st respondent, without calling for explanations from Respondents 3 to 5 for continuation of services, who are redeployed and absorbed in their organizations, declared that absorption of surplus employees is against the orders issued in G.O.Ms.No. 24 and the provisions of Act 2 of 1984 and also Act 14 of 199, hence null and void ab 3 initio. Further, the 1st respondent declared that if any orders issued by the Departments/ District Collectors allotting surplus employees from APSCRIC or similar public-sector undertakings, societies, or other organizations/ bodies etcetera, to Government Departments would be in contravention of G.O.Ms. No. 24 as well as Act 2 of 1994 and Act 14 of 1997.
The 1st respondent instructed all the Departments and the District Collectors concerned to cancel such orders if any issued and repatriate such persons to their parent organizations immediately, besides initiating disciplinary proceedings against the officials concerned in terms of Section 6 of Act 2 of 1994 and also recover the loss occurred to the Government due to such illegal appointments, after duly fixing the responsibility for such illegal orders. The 3rd respondent therefore, issued proceedings dated 10-08-2017 to all the principals and Regional Joint Directors to take immediate action to repatriate the redeployed staff from APSCRIC Ltd. or similar public sector undertakings, societies, or other organizations/ bodies etc., to their parent department immediately under intimation to this Office ignoring the fact that petitioner's service was absorbed as on the date of redeployment by the 4th respondent in the 3rd respondent, as such the impugned Circular is not applicable to him is the grievance of petitioner. 4 Further, it is contended that his parent department is no more and the same is defunct as on the date of issuance of the said Circular.
The complaint of petitioner is that so far, no one was repatriated to parent department in entire State, however, the 3rd respondent without giving any notice to him for that matter to the affected employees or the 5th respondent issued proceedings dated 10-08-2017 to the 5th respondent to take action. As the 2nd respondent Corporation is defunct, it is stated, petitioner is apprehending that the 5th respondent may pass orders of repatriation.
3. On 24.08.2017, this Court directed that status quo obtaining as that day should be maintained in respect of petitioner only.
4. In the counter filed on behalf of Respondents 1, 3 and 5, it is stated, consequent upon the impugned Memo, the Commissioner of Collegiate Education through Proceedings dated 10-08-2017 instructed all the Principals of Govt. Degree Colleges in the State to repatriate all the candidates redeployed from the 2nd respondent or similar public-sector undertakings, Societies or other Organizations/Offices to their parent department immediately. The Government in continuation to the impugned Memo issued another Circular Memo dated 5 13-10-2017 instructing all the Departments and the District Collectors concerned to cancel the orders if any issued allotting surplus employees from the 2nd respondent or similar public- sector undertakings, societies or other organizations/bodies etcetera, to Government departments and repatriate such persons to their parent organizations immediately, besides initiating disciplinary proceedings against the officials concerned in terms of Section 6 of Act 2 of 1994 and also recover the loss occurred to the Government due to such illegal appointments, after duly fixing the responsibility for such illegal orders.
Further the Government examined the matter in detail and issued the following further instructions in continuation to the earlier Circular Memo:
" a) The Surplus staff of Corporations or similar public sector undertakings societies, or other organizations/bodies etc., who were allotted and redeployed to various Government Departments shall be deemed to have been repatriated to their parent organizations with effect from the date of issue of instructions in the earlier Circular memo and their original status of employment in their parent organizations prior to their redeployment to Government departments shall be continued.
b) However, the existing deployment of the surplus staff of corporations or similar public sector undertakings, societies, or other organizations/bodies etc., in the Government departments shall be treated as deputation and their services can continued to be utilized by the borrowing departments on deputation basis.
c) The establishment matters of the staff of the corporations or similar public sector undertakings, societies, or other organizations/bodies etc., deployed to various Government departments on deputation shall be dealt in the concerned Corporation or similar public sector undertakings, societies, or other organizations/bodies etc., only.
d) The emoluments like salary, leave salary, EPF Contributions etc., of the staff deployed to other departments on deputation shall be paid by the concerned Corporations or similar public sector undertakings, societies, or other organizations/bodies etc., and the 6 Corporation or similar public sector undertakings, societies or other organizations/bodies etc., may send a requisition to the drawing officers of the concerned Government Department to which their staff are deputed, for reimbursement, of the emoluments paid to the staff. After receipt of the request from the respective Corporations or similar public sector undertakings, societies, or other organizations/bodies etc., for reimbursement of the amount paid to the staff with all details, the borrowing departments shall reimburse the same to the respective Corporations or similar public sector undertakings, societies or other organizations/bodies etc., duly debiting the same to the detailed head "280- professional services/284 respective service head of the department.
All the Heads of Departments/District Collectors are directed to return the service registers/LPC's of the surplus staff of Corporations or similar public sector undertakings, societies, or other organizations/bodies etc., who were allotted to Government departments in contravention of G.O.Ms.No. 24, Finance (SMPC) Department dated 09-01-2002 as well as Act 2 of 1994 and Act 14 of 1997, to their parent Corporations or similar public sector undertakings, societies, or other organisations/bodies etc so as to enable them to claim their emoluments.
The Director of Treasuries and Accounts, the Director of Works Accounts and the Pay and Accounts Officer, Hyderabad are directed not to honour the pay bills of the surplus employees of Corporations or similar public sector undertakings, societies, or other organizations/ bodies etc., who were deployed/allotted to Government departments in contravention of G.O.Ms.No. 24, Finance (SMPC) Department dated 09-01- 2002 as well as Act 2 of 1994 and Act 14 of 1997 the same was communicated to all the Principals of GDCs in the State by the 3rd respondent through CCE's Procgs. No. 410/OP.I-1/2017, dt. 22.12.2017 with instructions to take necessary action in the matter.
It is respectfully submitted that the Government in their U.O.Note No.14148/571/A1/HRM.VII/2017, dated: 15.12.2017 from Finance (HRM.VII) Department while enclosing the Hon'ble High Court dated:
26.10.2017 requested the Higher Order Education Department to examine orders of the High Court dated: 26.10.2017 and take expeditious action in the matter as per the instructions issued in the Government Circular Memo No.8242-A/329/A1/HRM.VII/2017, dated: 22.07.2017 and Government orders in vogue as they are administratively concerned".
In view of the above, the claim of petitioner to continue his services in the 5th respondent college in the Department of Collegiate Education is against the impugned Circular Memo and Circular Memo dated 13.10.2017 issued by the 1st Respondent.
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5. The 6th respondent also made averments in line with the counter of Respondents 1, 3 and 5. It is further stated that all the Heads of Departments/District Collectors are directed to return the service registers/LPC's of the surplus staff of Corporations or similar public-sector undertakings, societies, or other organizations/bodies, etcetera, who were allotted to Government departments in contravention of G.O.Ms.No. 24, Finance (SMPC) Department, dated 09-01-2002 as well as Act 2 of 1994 and Act 14 of 1997, to their parent Corporations or similar public sector undertakings, societies, or other organizations/bodies etcetea, so as to enable them to claim their emoluments. The Director of Treasuries and Accounts, the Director of Works Accounts and the Pay and Accounts Officer, Hyderabad are directed not to honour the pay bills of surplus employees of Corporations or similar public sector undertakings, societies, or other organizations/ bodies etcetera, who were deployed/allotted to Government departments in contravention of G.O.Ms.No. 24, Finance (SMPC) Department dated 09-01-2002 as well as Act 2 of 1994 and Act 14 of 1997 the same was communicated to all the Principals of GDCs in the State by the 3rd respondent through CCE' Procgs.No. 410/OP.I- 1/2017, dated 22.12.2017 with instructions to take necessary action in the matter. Government in their U.O. Note dated 8 15.12.2017 from Finance (HRM.VII) Department while enclosing the Hon'ble High Court Order dated 26.10.2017 requested the Higher Education Department to examine orders of the High Court dated 26.10.2017 and take expeditious action in the matter as per the instructions issued in the impugned Memo and Government orders in vogue as they are administratively concerned.
Further, it is stated, this Court on 28.04.2023 in I.A. No.1 of 2023 directed respondent authorities to consider and pass orders on the representation dated 23.03.2023 made by petitioner, by re-fixing his pay scale as per Revised Pay Scales-2020, pending final disposal of the main W.P., within eight weeks from date of receipt of copy of the order and communicate the same to him. In the circumstances, vide CCE Proceedings dated 12-06-2023, the request of petitioner for pay fixation under revised pay scales 2020 was considered and the same was rejected as per Circular Memo dated 13.10.2017.
It is further stated that pursuant to the order of status quo dated 24.08.2017, petitioner is continuing in the 5th respondent college, but was not granted any relief with regard of pay fixation. Finally, it is stated, petitioner was redeployed from the 2nd respondent in contravention of guidelines issued in G.O.Ms.No. 24, dated 09-01-2002, hence, he is not entitled for 9 revision of pay in Revised Pay Scales 2020. Same has been considered in CCE Proceeding File No. CCE-OP3/CC/1/2023- OP-III, dated 12-06-2023 and rejected. The Writ Petition is therefore, liable to be dismissed.
6. Heard Sri V. Ravi Chandran, learned counsel for petitioner on behalf of Sri S. Gopal Rao, learned counsel for petitioner as well as learned Government Pleader for Services-I.
7. It is, no doubt, true, the 2nd respondent Corporation is a government undertaking; owing to financial crisis, services of petitioner were absorbed by the 4th respondent and by proceedings dated 30.07.2013 was allotted to the Regional Joint Director, Warangal for posting at the office of Principal Government Degree College, Armoor as a Record Assistant. However, by the Circular Memo impugned, the 1st respondent declared the employees of the 2nd respondent as surplus and re-deploying them in government departments by invoking orders in G.O.Ms.No. 24, dated 09.01.2022 is against the orders issued in the said G.O. and the provisions of Act 2 of 1994 and also Act 14 of 1997, hence, null and void ab initio. Hence, all the Departments and the District Collectors concerned were instructed to cancel such orders, if any issued and repatriate such persons to their parent organisation immediately. The said Circular followed another Circular Memo dated 13.10.2017 10 instructing all the Departments and the District Collectors concerned to cancel the orders if any issued allotting surplus employees from the 2nd AP State Co-operative Irrigation Corporation Limited or similar public- sector undertakings, societies or other organizations/bodies etcetera to Government departments and repatriate such persons to their parent organizations immediately, besides initiating disciplinary proceedings against the officials concerned in terms of Section 6 of Act 2 of 1994 and also recover the loss occurred to the Government due to such illegal appointments, after duly fixing the responsibility for such illegal orders.
8. The apprehension of petitioner is that the 2nd respondent Corporation is defunct and if the 5th respondent repatriates him, he would suffer irreparable loss. In this connection, learned counsel for petitioner relied on the order dated 04.06.2024 in Writ Petition No. 27719 of 2021. In similar circumstances, a Coordinate Bench of this Court allowed the said Writ Petition, wherein also, the impugned Circular Memo was challenged, holding petitioner therein as a government servant and that he is entitled to retirement benefits within a prescribed period.
9. In the light of the above order, since petitioner was deployed / absorbed in the 3rd respondent prior to the issuance 11 of impugned memo and was allotted to the 5th respondent, this Court is of the opinion that he shall be treated as the employee of the 3rd respondent, working with the 5th respondent for all practical purposes. Further, since the 2nd respondent Corporation is not existing and has become defunct, the question of repatriation to such a Corporation does not arise. In the circumstances, the contentions of respondents do not hold water. The Writ Petition therefore, deserves to be allowed.
10. The Writ Petition is accordingly, allowed. No costs.
11. Consequently, Miscellaneous Applications, if any shall stand closed.
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NAGESH BHEEMAPAKA, J 18th July 2025 ksld