IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.1699 of 2000 Between: E.Rama Rao s/o. Pothanna R/o. Bheemavaram H.No.13-17 West Godavari District ..... PETITIONER AND 1 The Director of Higher Education, Andhra Pradesh, Hyderabad 2 The Danthuluri Narayana Raju College Association, rep. by Secretary & Correspondent Bheemavaram West Godavari District 3 The commissioner of college Education Hyderabad ....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 an order or writ one in the nature or Writ of Mandamus declaring the action of the respondents in not absorbing and regularising the services of Juniors to the petitioner in Rc.No. 3364/Pc.I- I/98-1, dt 21.12.99 as arbitrary, illegal, unconstitutional violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to absorb and regularise services of the petitioner on park with their juniors, regularised in Rc.No.3364/Pc.I-I/98-1, dt 21.12.99 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following : O R D E R: This Writ Petition is filed seeking a Mandamus to declare the action of respondents in not absorbing and regularizing the services of the petitioner and regularizing the services of his juniors vide Proceedings in Rc.No.3364/PC.I-I/98-1, dated 21-12-1999 of the 3rd respondent as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to regularize the services of the petitioner on par with his juniors. It appears, petitioner was appointed as an Attender (Peon) in the 2nd respondent-College with effect from 9-6-1977. He worked there till 14-9-1990 in that capacity against an unaided post. However, with effect from 15-9-1990, he was sent on deputation to the English Medium High School run by the same management, in the same premises. Thereafter, the petitioner was repatriated to the 2nd respondent-College with effect from 10-2-1997. Now, it is the grievance of the petitioner that the services of many of his juniors working in the College were regularized by Proceedings dated 21-12-1999 of the 3rd respondent, whereas his case was not considered. According to the petitioner, he was on deputation to the English Medium High School and, therefore, he is entitled for consideration of regularization of his services in any grant-in-aid post on par with his juniors in the College service, but that was not done. Therefore, the action of respondents in not considering his case on par with his juniors is arbitrary and illegal. A detailed counter has been filed on behalf of the 2nd respondent stating inter alia that on the basis of Government Memo No.4678/J2/ 83-1, dated 28-12-1983, the Director of Higher Education vide Proceedings dated 8-1-1984 issued instructions to all the Private Aided Colleges to fill up all future vacancies of contingent posts by giving preference to the existing incumbents. Subsequently, vide G.O.Ms.No.317, dated 6-6-1984, it was ordered that no further appointment of full time contingent employees shall be made in aided Colleges. Petitioner has not submitted any representation to the effect that the post held by him should be considered for admission to grant- in-aid as per the Proceedings dated 8-1-1984. In fact, petitioner has not submitted any representation so far for admission of the post to grant-in- aid. He was brought on to the general rolls of the unaided staff and posted in the College with effect from 12-2-1987, till which time, he was working as peon in the Physical Education Department. While he was working in the College, at his request, he was transferred to English Medium High School of the same Management, but the School is a separate unit coming under the control of the Director of School Education. He worked in the School from 15-9-1990 to 9-2-1997. During the said period, his attendance was recorded in the School and the salary was paid from the funds of the School. He was retransferred to the College by Proceedings dated 10-2-1997 and since then he is working in the College. Again, he requested for transfer to High School anticipating admission of the post in the School to grant-in-aid. Thereafter, he has requested for transfer to the College and his request was accepted. As per G.O.Ms.No.212, dated 22-4-1994, five years service should be subsequent to 25-11-1993. The management of the College has forwarded all particulars of the petitioner along with other unaided staff vide its letters dated 19-11-1998 and 20-3-1999 to the 3rd respondent. Therefore, it is incorrect to say that the College has not forwarded his case. In fact, the College management furnished all the service particulars of the petitioner and recommended for admission of the post to grant-in-aid. Further, the petitioner cannot compare himself with G.V.Satyanarayana Raju and P. Subba Rao, who were continuously working in the College and became eligible for admission to grant-in-aid. By the time of admission of the said persons to grant-in- aid, the petitioner was not on the rolls of the College, but he was working in English Medium School, which is under the control of the Director of School Education and not the Director of Collegiate Education. Petitioner has not complied with the requirements of G.O.Ms.No.212, dated 22-4-1994; as such, the post was not admitted to grant-in-aid along with others. It is not correct to say that the petitioner is ignored and the services of his juniors were regularized and absorbed in grant-in-aid posts. At any rate, the management has submitted all the service particulars of the petitioner along with those whose services are now regularized vide Proceedings dated 21-12- 1999 of the 3rd respondent. The claim of the petitioner is, therefore, devoid of any merits. Though the 1st respondent has not filed any counter, it has been asserted that the petitioner during the relevant period was working with the English Medium School expecting admission of the unaided post to grant-in-aid. Petitioner himself is responsible for the situation and he cannot blame anybody and he has to blame himself. Heard both sides. The facts are not much in dispute, except the fact that the petitioner was sent on deputation, not at his own request, to the English Medium School under the same management and served there and he was repatriated by Proceedings dated 10-2-1997. Petitioner was appointed in the 2nd respondent-College on 9-6-1977 in an unaided post. Thereafter, by Proceedings dated 15-9-1990 of the 2nd respondent, the petitioner along with two others were deputed to English Medium School. The said Proceeding reads as under: “The Non-Teaching staff, who are working in the un-aided posts in the D.N.R. College, whose names are mentioned hereunder, are temporarily deputed to English Medium High School due to insufficient of staff, with their existing emoluments. They will be paid their salaries at English Medium School, D.N.R. College Association. These orders come into force with effect from 1-9-1990.” The said Proceedings would indicate that the petitioner was sent on deputation to the English Medium High School due to insufficient staff, with existing emoluments. Further, the letter dated 10-2-1997 under which the petitioner was retransferred to the College reads as under: “Sri E.Rama Rao, Attender, who was temporarily deputed to English Medium High School, D.N.R. College Association is retransferred to D.N.R. College, Bhimavaram to his original post with immediate effect. He is required to report to duty in D.N.R. College immediately.” From the said letter, it is clear that the petitioner was on temporary deputation to the English Medium High School and he was retransferred to the College, to his original post, with immediate effect. The said two letters would indicate that the stand of the 2nd respondent is not correct. These two proceedings amply prove the contention of the petitioner that he was on deputation during the period from15-9-1990 to 9-2-1997 and he was not transferred at his own request expecting the post to be admitted to grant-in-aid. On the other hand, these proceedings would show that there was no sufficient staff available in the English Medium High School; therefore, he was sent on deputation. In view of the above, the stand taken by the 2nd respondent that since the petitioner was not in the College Service during 15-9-1990 and 10- 2-1997, he was not entitled for consideration of regularization of his services against an aided post in the 2nd respondent-College is not correct. The stand taken by the 2nd respondent in the counter is contrary to their own Proceedings dated 15-9-1990 and 10-2- 1997. Petitioner was only on deputation and he was not absorbed in the services of the English Medium High School. Merely because his salary was paid at the School on his deputation, that does not mean that he became an employee of the School. He may be treated as an employee of the College for all purposes. Merely because he was on deputation during the said period, he cannot be denied consideration for absorbing on regular basis against an aided post as was done in the case of others under the Proceedings dated 21-1-1999 of the 3rd respondent. In the result, the Writ Petition is disposed of directing the 2nd respondent to send proposals for regularization of the services of the petitioner and on forwarding such proposal, the 3rd respondent shall consider the case of the petitioner for regularization of his services in the post of Attender in the 2nd respondent-College in the existing vacancies, forthwith and he shall be given seniority on par with his juniors whose cases were regularized and the posts were admitted to grant-in-aid vide Proceedings dated 21-12-1999. No order as to costs. -4-2008 prk