Andhra Pradesh High Court - Amravati
D.V.S. Ganeswara Rao, S/O. ... vs The Government Of A.P., on 19 February, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T.RAJANI
WRIT PETITION No.11008 of 2014
ORDER:
This writ petition is filed seeking to direct the respondents to admit the petitioners into grant-in-aid posts in the respective categories/cadres with all consequential benefits with effect from the date they are entitled by holding the action of the respondents in not doing so, as illegal and arbitrary.
2. Heard.
3. The grievance of the petitioners is that the respondents are not filling up the aided posts in the 4th respondent college, which is an aided college, and not regularizing the services of the petitioners, who have been functioning in the aided post for several years with meager salary. The whole college/staff is fully aided. The persons, who are working in the aided posts, were drawing the salaries from the aid given by the Government. Whenever, the 4th respondent College write to the Department for filing up the existing aided vacancies, there is no response. In 2003, the 4th respondent-College addressed a letter to the 2nd respondent to fill up the post of Junior Lecturers and the 2nd respondent gave permission to fill up the post of ST (Women) roster. The 4th respondent-college gave advertisement, but the same could not be filled up due to non-availability of candidates. The 4th respondent-College requested the 2nd respondent to convert the said post of ST (Women) to ST or OC and the post of Junior Lecturer could not be filled up. The 4th respondent-College sought for extension 2 of time of permission. The 4th respondent is expected to run the college having engaged teaching and non-teaching staff by taking the candidates, who are eligible as per the norms required. The petitioners are such candidates who have been taken into the services of the 4th respondent college and working for the last several years. They made representations to the 4th respondent, which was forwarded to the 1st respondent. The matter was arrived from the 1st respondent to the 2nd respondent and from the 2nd respondent to the 3rd respondent. The 3rd respondent submitted a detailed representation about the pendency and availability of vacancies. The Board of Intermediate Education also gave vacancies position in the 4th respondent College, but they were not filled up on the ground that the time for filling up of the backlog vacancies has expired. Hence, this writ petition seeking the respondents to admit the petitioners into grant in aid post with all consequential benefits.
4. By virtue of the proceedings, dated 25.10.2019, the Principal Secretary to the Government, stated that the request of the petitioners cannot be considered as engagement as part timers is against the provisions of Act 2 of 1994 read with G.O.Ms.No.35 Higher Education (CE.II-1) Department, dated 27.03.2006. The counsel further submits that in order to some how see that the petitioner are not absorbed, G.O.Ms.No.35 is pitted against them, whereas this court by virtue of order, dated 17.07.2017, in WP MP No.54243 of 2016 in this writ petition granted liberty to the petitioners to submit representations and directed the 1st respondent to consider the same. The case of similarly 3 placed persons is reflected in the respective GOs. G.O.Ms.No.13, School Education (IE) Department, dated 09.02.2018, is issued in case of one Smt.Feroze Sulthana Shaik, Junior Lecturer in Urgu (unaided) JLB Junior College. G.O.Ms.No.15, Higher Education (I.E.II) Department, dated 07.03.2013, is in respect of one G.Parvathi Devi. In the said GO, it was stated at paragraph 9 that Government after careful examination in order to comply with the orders of the High Court and since there is no other alternative except implementing the High Court's orders, permitted the Commissioner to absorb the said person into grant-in-aid post with effect from 03.12.2001 as a special case. There is yet another instance of such absorption in case of one Dr.R.V.Anuradha, vide G.O.Rt.No.160, Higher Education (CE.II.2) Department, dated 16.02.2001.
5. The counsel submits that in spite of there being vacancies, the respondents are not absorbing the petitioner against the aided posts. The Government Pleader does not put forth any cogent argument.
6. Hence, in view of the above, this court deems it fit to direct the respondents to absorb the petitioners into aided vacancies with effect from the date of their appointment with all consequential benefits.
With the above observations, the writ petition is disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand closed.
_____________ T. RAJANI, J February 19, 2020 LMV 4 JUSTICE T.RAJANI WRIT PETITION No.11008 of 2014 February 19, 2020 LMV