IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWELFTH DAY OF JUNE, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24073 of 2000 Between:
Raj Kumar Dhotre . PETITIONER And The Government of A.P. rep.by its Secretary, Higher Education, Secretariat, Hyderabad and 2 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24073 of 2000
ORDER:
I have heard the learned counsel appearing for the petitioners and the learned Government Pleader for School Education appearing for the respondents.
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the 1st respondent in imposing the condition in G.O.Rt.No.999 Education dated 30.05.1992 and consequential G.O.Rt.No.44 Education dated 16.01.1998 that the petitioners are not eligible for conversion into last grade services after completion of five years of service as full time contingent employees as illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of India.
The brief facts necessary for considering the writ petition may be stated as follows:
The 1st petitioner was appointed as Gardner-cum-Waterman, Petitioners 2 and 3 were appointed as Watchmen and petitioners 4 and 5 were appointed as Sweepers in the 3rd respondent College in the year 1987 and 1988 respectively. Their services were regularized with effect from 02.02.1991 as full time contingent employees and were admitted to grant-in-aid vacancies through G.O.Rt.No.999 dated 30.05.1992 by the 1st respondent subject to the condition that they shall not be eligible for conversion into last grade service after completion of five years.
It is submitted by the petitioners that in terms of G.O.Ms.No.9 Finance & Planning Department dated 08.01.1981, as they have completed five years of full time contingent services, they shall be converted into Class IV employees in the last grade services. It is further submitted that by virtue of G.O.Ms.No.9 Finance & Planning Department dated 08.01.1981, their services shall be converted into last grade services as Class IV employees after completion of five years as full time contingent employees. Their grievance is that the condition imposed in G.O.Rt.No.999 Education dated 30.05.1992 is contrary to G.O.Ms.No.9 Finance & Planning Department dated 08.01.1981, therefore, the same is illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of the Constitution of India.
Nextly, it is submitted by the petitioners that the 3rd respondent college was admitted to grant-in-aid with effect from 16.04.1990 through G.O.Ms.No.173 Education dated 04.05.1991. The petitioners were initially appointed against unaided posts in the year 1987 and 1988 and thereafter, the 3rd respondent college was admitted to grant- in-aid, their services were also absorbed against aided vacancies through G.O.Rt.No.999 dated 30.05.1992 and another G.O.Rt.No.1482 Education dated 07.08.1992 was issued by the 1st respondent admitting the teaching and non-teaching staff to grant-in-aid in the 3rd respondent college.
According to the petitioners, 9 colleges were admitted to grant- in-aid along with the 3rd respondent college through G.O.Ms.No.173 Education dated 04.05.1991. It is stated that except in their case, no conditions were imposed by the 1st respondent while admitting the colleges to grant-in-aid despite the fact that they were appointed during the ban period.
Respondents 1 and 2 filed counter stating that as the services of the petitioners were admitted to grant-in-aid as contingent employees subject to the condition that they are not eligible for conversion into last grade service after completion of five years of service, and thus their prayer cannot be accepted. However, the respondents mentioned in the counter that in response to the representation made by the General Secretary of Andhra Pradesh Non-teaching Staff Association to the Director of Collegiate Education for regularization of the contingent employees, the correspondents of all private aided degree colleges were requested to furnish the details of the contingent staff whose services were regularized in terms of G.O.Ms.No.226 Education, dated 22.06.1992 and the 1st respondent college also vide letter dated 01.05.2000 submitted proposals in respect of the petitioners. It is further submitted by the respondents 1 and 2 that in response to the Government Memo dated 22.10.1999, the consolidated proposals were submitted to the Government in respect of all aided colleges in the State including the petitioners’ college for regularization in terms of G.O.Ms.No.226 dated 23.06.1992 vide letter dated 16.06.2002/17.05.2003 and orders of the Government are awaited in the matter.
From the counter, it seems that the respondents are not opposing the claim made by the petitioners. They only stated that they sent proposals in respect of the petitioners and the orders of the Government are awaited.
G.O.Rt.No.1482 Education (CE.I) Department, dated 07.08.1992 shows that the appointments of the petitioners are ratified and the Director of Collegiate Education is permitted to regularize their appointments and to admit them to grant-in-aid with effect from 02.02.1991. Further, the proceedings of the Director of Intermediate Education in Rc.No.6075/JC.8-3/90, dated 25.06.1996 shows that full time contingent employees in V.V.Junior College, Hyderabad who completed 5 years of aided service were converted as Class IV employees on regular basis.
Dealing with similar circumstances, learned single Judge of this Court in W.P.No.17206/1999 passed an order dated 04.06.2010, directing the 2nd respondent therein to consider the claim of the petitioners in the said writ petition for conversion into Class IV employees in the last grade service and pass appropriate orders.
When some of the contingent employees in various colleges, subject to fulfillment of the condition of completion of 5 years of service were converted into Class IV employees in the last grade service, there is no justification in refusing the same relief to the petitioners.
As rightly contended by the petitioners, the condition imposed in G.O.Rt.No.999 Education dated 30.05.1992 which stated that the petitioners are not eligible for conversion into Class IV employees in the last grade service even after completion of the requisite period of service is contrary to G.O.Ms.No.9 dated 08.01.1981 and G.O.Ms.No.173 Education dated 04.05.1991, and therefore, the same cannot be sustained. There shall not be any discrimination among the contingent employees in various colleges who are similarly placed. Therefore, the petitioners are entitled for the relief prayed for in the present writ petition.
Accordingly, the Writ Petition is disposed of, directing the respondents to consider the claim of the petitioners for conversion into Class IV employees in the last grade service and pass appropriate orders in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of 2 (two) months from the date of receipt of a copy of this order. In the circumstances, there shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 12.06.2014 Dsr