IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.22937 of 1994 Between: G.Pullaiah S/o.G.Suryanarayana R/o.Warangal ..... PETITIONER AND 1. Govt. of A.P., Rep. by its Secretary for Education, Secretariat, Hyderabad 2. Vice Chancellor Kakatiya University, Waragal 3. Registrar Kakatiya University, Waragal 4. K.Rama Murthy S/o.not known Working in Kakatiya University, Waragal 5. S.Chandramouli S/o.not known Working in Kakatiya University, Waragal 6. G.R.Patwari S/o.not known Working in Kakatiya University, Waragal 7. M.Krishna S/o.not known Working in Kakatiya University, Waragal 8. Zafar Khan S/o.not known Working in Kakatiya University, Waragal 9. M.Upender Rao S/o.not known Working in Kakatiya University, Waragal .....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 of Mandamus or any other appropriate writ or order or direction in a nature of writ declaring the action of the respondents 1 to 3 in not regularising the service of the petitioner and not effecting his promotion before effecting the promotions of respondents 4 to 9 as illegal, arbitrary, discriminatory, violative of art.14 and of the Constitution of India and ignoring the orders dt.19/10/1987 passed by this ho'ble court in WP No.8026/83 and to direct them to regularise the services of the petitioner w.e.f. the date of his appointment i.e., 29/4/1978 and to effect the promotion of petitioner to the post of Asst. Registrar and subsequently to the post of Deputy Registrar, and Joint Registrar on or before the dates on which the respondents 4 to 9 have been promoted and fix the inter-se-seniority of the petitioner above the respondents 4 to 9 and to grant all other consequential benefits. Counsel for the Petitioner: MR.S.KRISHNA Counsel for the Respondents: The Court made the following : ORAL ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of respondents 1 to 3 in not regularizing the services of the petitioner and not effecting his promotion before effecting promotions of respondents 4 to 9 ignoring the Orders dated 19-10-1987 passed by this Court in Writ Petition No.8026 of 1983 as arbitrary, illegal, discriminatory and violative of Article 14 of the Constitution of India and to direct the respondents 1 to 3 to regularize the services of the petitioner with effect from the date of his appointment i.e. 29-4-1978 and to effect the promotion of petitioner to the post of Assistant Registrar and subsequently to the post of Deputy Registrar and Joint Registrar on or before the dates on which respondents 4 to 9 have been promoted with all consequential benefits. It appears, petitioner was an Ex-Serviceman. He was appointed as Security Officer in the respondent-University in the pay scale of Rs.530-1050 and he reported for duty on 29-4-1978. He was put on probation for a period of 2 years. Before his appointment, there was no infrastructure in the University to effectively ensure security within the premises of the University. Various measures were suggested by him as to the security system. He had also suggested for appointment of more number of personnel in the Security Department. However, the Government raised an objection with regard to creation of the post of Security Officer in the University Campus and ordered for an enquiry. Therefore, even after completion of 2 years, the University extended the probation of the petitioner, with effect from 29-4-1980, for a period of one year. According to the petitioner, neither his services were regularized nor he was given any promotion, which he was entitled to on par with respondents 4 to 9. Hence, this Writ Petition. A detailed counter affidavit has been filed by the 3rd respondent denying the allegations made by the petitioner. It is inter alia stated that though the petitioner is an Ex-Serviceman, in the report submitted by the then Joint Secretary, Education Department, who was asked to go into the irregularities committed by the University and for rectifying the same, it was stated that the personal interview of the petitioner revealed that he is of mild nature and on enquiry found that he is absolutely of no use as Security Officer. In a growing University like Kakatiya University with a strong student movement of R.S.U., P.D.S.U., tensions arising every day, the Security Officer should be tough, vigilant and most useful to the administration. Petitioner was not fit for the post of Security Officer. However, it would be hardship for the petitioner if he is removed, but he can definitely be absorbed in a suitable post anywhere arising thereafter or vacant in the University. Petitioner should also be served with a notice that his services are liable to be terminated for the reason that his appointment was not regularly made and in case, he is willing for consideration in a suitable post in the Ministerial Service and on giving willingness, he should be considered for such a post. Further, the Security Officer will not come under the channel of promotion to the post of Assistant Registrar, but it comes under the Upgradation Cadre. Therefore, the petitioner is neither entitled for promotion on par with respondents 4 to 9 nor he is entitled to be continued as Security Officer. Heard both sides. A perusal of the averments made in the counter would indicate that the petitioner was appointed as Security Officer, but the same was not ratified by the Government, since there was no post of Security Officer available in the cadre strength of the University. Under those circumstances, petitioner’s probation was extended and when he sought regularization, he was offered alternative employment. However, the petitioner earlier filed a Writ Petition being W.P.No.8026 of 1983 with the same prayer, which was dismissed for non-joinder of proper parties. It appears, in view of the observations made therein, the present Writ Petition is filed. Petitioner as well as the unofficial respondents had attained the age of superannuation and retired from service. However, it appears, the petitioner was shifted to Stores Department and he retired as Stores Officer. Under those circumstances, the respondent- University is directed to regularize the services of the petitioner in the cadre of Stores Officer and put him on the scale applicable to the said post and fix his pension etc., as per law, and pass appropriate orders, in this regard, within a period of six weeks from the date of receipt of a copy of this Order. However, it is made clear that the petitioner is not entitled for promotion to the post of Assistant Registrar or Deputy Registrar as contended by him, since the post of Security Officer or Stores Officer is held by him till his retirement, was not one of the feeder posts for the purpose of promotion to the said posts. Accordingly, the Writ Petition is disposed of. No order as to costs. 27-3-2008 prk