IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4596 of 2008 Between: P. Prabhakara Rao, S/o. Hanumantha Rao, In Office Assistantship (Typewriting and Shorthand), Government Junior College for Girls, Kovvur, West Godavari District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Education (HE) Department, Rep. By its Secretary, Secretariat, Hyderabad. 2 The Commissioner and Director of Intermediate , Education, Nampally, Hyderabad. 3 The Principal, Government Junior College, (Girls), Kovvur, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more in the nature of Mandamus declaring the Judgment of the A.P. Administrative Tribunal in O.A.No.7349 of 2006, dated 10-9-2007 dismissed along with O.A.No. 430 of 2007 and batch including Proc.Rc.No. VOC.I-B-1/166/2006-1, dated 23-10-2006 issued by the Commissioner and Director of Intermediate Education, A.P., Hyderabad as illegal, arbitrary, and violative of Articles 14, 16 and 21 of the Constitution and also opposed to all principles of canons of equity, justice and fair play and consequently hold that the Petitioner is deemed to have been treated as regular Junior Lecturer for all purposes including pay and allowances and other attendant benefits. Counsel for the Petitioner:MR.K.NARAYANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :4596 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to declare the Judgment of the A.P. Administrative Tribunal in O.A.No.7349 of 2006, dated 10-9-2007 dismissing along with O.A.No. 430 of 2007 and batch including Proc.Rc.No. VOC.I-B-1/166/2006-1, dated 23- 10-2006 issued by the Commissioner and Director of Intermediate Education, A.P., Hyderabad as illegal, arbitrary, and violative of Articles 14, 16 and 21 of the Constitution and consequently hold that the Petitioner is deemed to have been treated as regular Junior Lecturer for all purposes including pay and allowances and other attendant benefits. The petitioner herein is the applicant before the tribunal and he filed the O.A. seeking to declare that he is fully eligible and qualified to be granted minimum time scale of pay attached to the post of Junior Lecturer in Commerce in terms of G.O.Ms.No.352, dated 1.10.1994 and to call for the records relating to Rc.No.VOC.1- B-1/166/2006-1, dated 23.10.2006 of the 2nd respondent and quash or set aside the same holding it as arbitrary and illegal and to direct the respondents to continue to pay minimum time scale of pay attached to the post of Junior Lecturer to the applicant in terms of G.O.Ms.No.352, dated 1.10.1994 with consequential benefits. The tribunal having observed that the applicant has not satisfied the conditions of minimum service of five years as on 25.11.1993 and even the applicant does not satisfy the relaxed condition as per G.O.Ms.No.101, Higher Education, dated 29.7.2006, held that the respondents have rightly concluded that the applicant is not entitled for minimum scale of pay or the consolidated pay and have rightly issued the impugned orders, dismissed the O.A. along with its batch. Having aggrieved by the same, the present writ petition has been preferred by the petitioner- applicant. Heard the learned Counsel appearing for the petitioner and the learned Government Pleader and perused the material available on record. It is pertinent to note that a show cause notice has been issued to the petitioner-applicant on the following irregularities: (1) That his appointment after 25.11.1993 is contrary to Act 2 of 1994 (Remuneration was drawn from Government Funds with effect from 24.6.1996); (2) Minimum of the Time Scale and arrears were drawn irregularly contrary to the instructions; (3) H.R.A. & C.C.A. were drawn contrary to the instructions. (4) Revised Pay Scales 1998, Scales were drawn without the orders of the Government. Before going into the merits of the case, it is relevant to note that there is no dispute that the petitioner was appointed on adhoc basis as part time lecturer by proceedings dated 1.9.1992 for a period of six months and later his appointment was extended from time to time by various extension orders. Later, he had joined as part time junior lecturer from 12.8.1993 at Government Junior College, Chinthalapudi of West Godavari District and worked in the said college till 23.6.1996. At this juncture, it is pertinent to note that in view of the working of large number of part time lecturers, the Government have formulated a scheme under G.O.Ms.No:166, Education dated 8.6.1994 for regularization and sanction of minimum time scale to the part time junior lecturers who have been working in regular vacancies or where the work justifies the appointment of regular lecturer for more than three years by 30.4.1991. In this regard, it is relevant to note G.O.Ms.No:352, Education, dated 1.10.1994 which stipulates the conditions as under: 1.They should have put in 5 years of service by 25.11.2003 2.They should have 16 hours of work load in a Week 3.They should be working in a regular vacancy 4.They should possess prescribed qualification for the post of Junior Lecturer (Vocational Course) 5.To extend minimum pay of the pay scale to the post After detecting the irregularities, the Government have also issued the G.Os from time to time and the G.O.Ms.No:101, Higher Education, dated 29.7.2006 being the latest one. It is obvious from the material available on record that the applicants have not satisfied the condition of minimum service of 5 years as on 25.11.1993 and even in spite of their examination in consonance with G.O.Ms.No:101, they have not satisfied the relaxed conditions as rightly observed by the tribunal. Under the above facts and circumstances of the case coupled with G.O.Ms.No:352 and 101, We have no hesitation to hold that the tribunal is justified in passing the order impugned. Hence, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _____________________ Justice T.Meena Kumari _________________ Justice G.Chandraiah Dated:17.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4596 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 17/03/2008