HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No. 1984 OF 2005 24-07-2014 BETWEEN B. Brahmananda Chary …Appellant And The State of Andhra Pradesh, rep., by its Secretary, Higher Education Department, Secretariat, Hyderabad and two others …..Respondent HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No. 1984 OF 2005
JUDGMENT: (per the Hon'ble Sri Justice L. Narasimha Reddy)
The appellant was appointed in the 3rd respondent – institution on 10-09-1985 as a lecturer in English, after being selected by a committee constituted for that purpose. The institution was admitted to grant-in-aid. Along with the appellant, two more persons i.e., Dilipkumar Jain and V. Venkateswara Rao were also appointed as lecturers in different subjects.
Through orders in G.O.Ms.No. 148, dated 26-06-1993, the two lecturers mentioned above were absorbed against aided posts with effect from 16-04-1990. Such absorption in case of the appellant took place through G.O.Ms.No. 842, dated 25-07-1996. However, retrospective effect was not given. The appellant filed a representation to respondent No.1 and 2 in this behalf. Through a memo dated 22-11-1997, the 1st respondent informed the appellant that it is not feasible to accede to his request to give effect to the absorption from 16-04-1990. Feeling aggrieved by that, he filed Writ Petition No. 29310 of 1998. He pleaded the grounds of discrimination. The learned single Judge allowed the writ petition setting aside the memo dated 22-11-1997. It was left open to the appellant to file a detailed representation. Not satisfied with the nature of disposal given to the writ petition, the appellant filed this writ appeal.
Heard Sri M. Ratna Reddy, learned counsel for the appellant and the learned Government Pleader for Education for respondent Nos.1 and 2.
The appellant was absorbed against an aided vacancy about 11 years after his appointment. G.O.Ms.No. 842, dated 25-07- 1996 was issued extending that benefit with effect from the date of order. It is no doubt true that in respect of two other lecturers, though the G.O was issued on 26-06-1993, the benefit was extended from 16-04-1980. No basis was indicated therefor. In several cases, this Court deprecated the practice of the Government in resorting to such illegal and arbitrary action.
The appellant has not cited any provision of law that entitles him to confer the retrospective benefit of regularisation. In the context of absorption against the aided posts, much would depend upon the availability of vacancies, the eligibility of the candidates etc.
We do not find any merit in the appeal and it is accordingly dismissed. The miscellaneous petitions pending in this appeal shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J CHALLA KODANDA RAM, J 24-07-2014 ks