IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V. ESWARAIAH WRIT PETITION NOS: 1661, 2237,3570 & 4091 of 1998; 20613 of 1999; and 6003, 6863, 7109 & 8642 of 2004 WRIT PETITION NO.1661 OF 1998 Between: 1. Dr.S.Murali Mohan, S/o.Gangappa, Teaching Assistant Nagarjuna University College, Guntur, R/o.Guntur. 2. Dr.S.M.Khasim, s/o.S.K.Hussain, Teaching Assistant in Botany, Nagarjuna University College, Guntur, R/o.Guntur. 3. Dr.M.Raghuram, s/o.Subramanyam, Teaching Assistant in Botany, Nagarjuna University College, Guntur, R/o.Guntur. 4. Dr.G.Rosaiah, S/o.Narasaiah, Teaching Assistant in Botany, Nagarjuna University College, Guntur, R/o.Guntur. 5. Dr.P.Padmavathi, W/o.U.Rajesekhar Rao, Teaching Assistant in Zoology, Nagarjuna University College, Guntur,R/o.Guntur. 6. K.Veeraiah, S/o.Satyanarayana, Teaching Assistant in Zoology, Nagarjuna University College, Guntur, R/o.Guntur. 7. G.Simhachalam, S/o.Veera Swami, Teaching Assistant in Zoology , Nagarjuna University College, Guntur, R/o.Guntur. 8. Dr.A.V.V.S.Swamy, S/o.Veera Raghavaiah, Teaching Assistant in Environmental Science, Nagarjuna University College, Guntur, R/o.Guntur. 9. Dr.V.V.Subba Rao, S/o.Kotaiah, Teaching Assistant in Environmental Science, Nagarjuna University College, Guntur, R/o.Guntur. 10. P.Brahmaji Rao, S/o.Gangadhar Rao, Teaching Assistant in Environmental Science, Nagarjuna University College, Guntur, R/o.Guntur. 11. Dr.B.Vijaya Kumar, S/o.Ananda Rao, Teaching Assistant in Buddist Studies & Philosophy, Nagarjuna University College, Guntur, R/o.Guntur. 12. Y.R.K.V.Tirupati Rao, S/o.Raminaidu, Teaching Assistant in Botany, Nagarjuna University College, Guntur, R/o.Guntur. 13. Dr.B.S.Gunjal, S/o.Sivappa, Teaching Assistant in social work, Nagarjuna University College, Guntur, R/o.Guntur. 14. Dr.Khamarunnisa Begum, Teaching Assistant in History and Archeology, Nagarjuna University College, Guntur, R/o.Guntur. 15. Dr.N.Gopala Rao, S/o.Laxminarayana, Teaching Assistant in Zoology, Nagarjuna University College, Guntur, R/o.Guntur. 16. P.N.Malleswara Rao, S/o.Veerabadra Rao, Teaching Assistant in Buddist Studies and Philosophy, Nagarjuna University College, Guntur, R/o.Guntur. 17. Dr.P.V.Krishna, S/o.P.subba Rao, Teaching Assistant in Aqua culture, Nagarjuna University College, Guntur, R/o.Guntur. 18. Dr.P.V.Nageswara Rao, S/o.Mallaiah, Teaching Assistant in Geology, Nagarjuna University College, Guntur, R/o.Guntur. 19. K.L.Narayana, S/o.K.V.Ramaiah, Teaching Assistant in Aqua culture, Nagarjuna University College, Guntur, R/o.Guntur. 20. Dr.V.Uma Maheswara Rao, S/o.Veeraswamy, Teaching Assistant in Micro Biology, Nagarjuna University College, Guntur, R/o.Guntur. 21. Dr.K.Ammani, W/o.M.V.S.Koteswara Rao, Teaching Assistant in Micro Biology, Nagarjuna University College, Guntur, R/o.Guntur. 22. Smt. P.Swarna Kumari, W/o.Murali Mohan, Teaching Assistant in Library Science, Nagarjuna University College, Guntur, R/o.Guntur. 23. K.V.Radha Krishna, s/o.Harinadham, Teaching Assistant in Bio Technology, Nagarjuna University College, Guntur, R/o.Guntur. 24. Miss Y.Sireesha, Teaching Assistant in Bio Technology, Nagarjuna University College, Guntur, R/o.Guntur. 25. Dr.G.B.V.L.Narasimha Rao, S/o.G.D.M.V.Prasada Rao, Teaching Assistant in IRPM, Nagarjuna University College, Guntur, R/o.Guntur. 26. B.Nagaraju, S/o.Krishna rao, Teaching Assistant in IRPM, Nagarjuna University College, Guntur, R/o.Guntur. 27. M.Trimurti Rao, s/o.M.S.Chalam, Teaching Assistant in IRPM, Nagarjuna University College, Guntur, R/o.Guntur. 28. V.Venkateswarlu, S/o.Sree Ramulu, Teaching Assistant in Sociology, Nagarjuna University College, Guntur, R/o.Guntur. 29. Dr. K.Somesekhar, S/o.Thippaiah, Teaching Assistant in Rural Development, Nagarjuna University College, Guntur, R/o.Guntur. 30. Y.Ashok Kumar, S/o.Y.Kumarswami, Teaching Assistant in Social Work, Nagarjuna University College, Guntur, R/o.Guntur. 31. Dr. G.Raja Mohan Rao, s/o.Nageswara Rao, Teaching Assistant in History & Archeology, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 32. Dr. B.Ramachandra Reddy, S/o.Venkata Subba Reddy, Teaching Assistant in History & Archeology, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 33. Dr.N.Sanjeeva Rao, S/o.Venkata Subbaiah, Teaching Assistant in Economics, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 34. Dr.B.Satyanarayana, S/o.Ramakotaiah, Teaching Assistant in Maths, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 35. Dr.K.L.Sai Prasad, S/o.K.B.S.Rudreswara Rao, Teaching Assistant in Maths, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 36. N.R.N.Kumar, s/o.Kanta Rao, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 37. K.Krishna Rao, s/o.Venkaiah, Teaching Assistant in Maths, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 38. B.B.Sankar Singh, S/o.Narasingh Bhan, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 39. K.Sivaji, s/o.Lakshman Rao, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 40. P.Purnachandra Rao, S/o.Nageswara Rao, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 41. Dr.(Mrs.)N.Nirmalamani, D/o.Manikya, Teaching Assistant in Economics, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 42. K.Gangaiah, S/o.Rangaiah, Teaching Assistant in History & Archeology, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 43. J.Venkateswara Rao, s/o. J.S.R.K.Sharma, Teaching Assistant in Maths, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 44. R.Chudamani, W/o.Krishna Rao, Teaching Assistant in Maths, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 45. N.Venkateswara Rao, S/o.Ramaiah, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 46. K.Obulesu, S/o.Pullanna, Teaching Assistant in Economics, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 47. Dr. G.Somasekhar, s/o.Jayaramaiah, Teaching Assistant in History & Archeology, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 48. B.Krishna, S/o.Appalanarasaiah, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 49. V.Tulasidas, S/O.Dalibandhu, Teaching Assistant in Commerce & Business Administration, Post Graduate Centre, Ongole, r/o.Ongole, Prakasam District. 50. Dr.T.Vasanta Rao, S/o.Jagannadhachari, Teaching Assistant in Chemistry, PG Centre, Nuzvid, R/o.Nuzvid. 51. Dr. D.Ramachandram, S/o.Raghunadha Charyulu, Teaching Assistant in Chemistry, PG Centre, Nuzvid, R/o.Nuzvid. 52. G.S.S.Bhishma Rao, S/o.Venkata Narayana, Teaching Assistant in Applied Maths, PG Centre, Nuzvid, R/o.Nuzvid. 53. B.V.Appa Rao, S/o.Laxmaiah, Teaching Assistant in Applied Maths, PG Centre, Nuzvid, R/o.Nuzvid. 54. N.Srinivasa Rao, S/o.Venkateswarlu, Teaching Assistant in Applied Maths, PG Centre, Nuzvid, R/o.Nuzvid. 55. Dr.J.Sivarama Krsihna, Teaching Assistant in Physics Department, PG Centre, Nuzvid, R/o.Nuzvid. 56. Dr.C.Venkatachalam, S/o.Chinaswamy, Teaching Assistant in sociology, N.U.Campus, Guntur, R/o.Guntur. 57. Ms.P.J.Nirmala, D/o.P.U.Jayaram, Teaching Assistant in Bio Chemistry, N.U.Campus, Guntur, R/o.Guntur. 58. MS.V.Padmaja, D/o.V.V.Subba Rao, Teaching Assistant in Library Science, N.U.Campus, Guntur, R/o.Guntur. 59. Dr.K.S. Ramakrishna, S/o.Satyanarasimhaiah, Teaching Assistant in Rural Development, N.U.Campus, Guntur, R/o.Guntur. ..... PETITIONERS AND 1. Nagarjuna University rep. By its Registrar, Nagarjunanagar, Guntur. 2. The Secretary to Government, Finance & Planning Department, Secretariat, 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 may be pleased to issue writ order or direction particularly one in the nature of writ of Mandamus declaring the D.O.Lr.No.43139/479/E&S-VII/97 dated 8-12-1997 issued by the Secretary to Government, finance & Planning, Hyderabad and the consequential proceedings of the Vice Chancellor issued in No./Estt.TS/TA/97-98 dt.5-1-1998 issued by the Registrar as illegal, arbitrary and also declaring the action of the respondent-University in giving an artificial break of one day after 89 days of service to the Teaching Assistants in the University college and P.G.Centres at Nuzvid and Ongole and also the action in asking the petitioners to form into a society and get employed through the contractor in the University as illegal, arbitrary, violative of the Directive Principles of State police and Articles 14, 16 and 21 of the Constitution of India and further seeking a declaring that the petitioners are entitled to be regularized as per G.O.Ms.No.212 in so far as those who have put in five years of service; and in so far as those who have not put in five years of service; as soon as they complete five years of service. Counsel for the Petitioners: MR.M.PANDURANGA RAO Counsel for the Respondents: MR.B.NARAYANA REDDY WRIT PETITION NO : 2237 of 1998 Between: 1. V. Divya Theja Murthy, S/o. Nagappa, Teaching Asst. (Rural Development), University College, University Campus, Guntur. 2. Smt. B.Rosy Krupa Rajitha, W/o Capt. K.Sam Armstrong, Teaching Asst. in Home Science, University College, Nagarjuna University, University Campus, Guntur, r/o. Guntur. ..... PETITIONERS AND 1. Nagarjuna University rep. by its Registrar, Nagarjunanagar, Guntur. 2. The Secretary to Government, Finance and Planning Department, Secretariat, 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 may be pleased to issue a Writ, order or direction particularly one in the nature of Writ of Mandamus declaring the DO.Lr.No.43139/479/EBS.VII/97, dated.8-12-1997 issued by the Secretary to Government, Finance & Planning, Hyderabad and the consequential proceedings of the Vice-Chancellor issued in No./Estt-TS/TA/97-98, dated 5.1.1998 issued by the Registrar as illegal, arbitrary and also declaring the action of the respondent-University in giving an artificial break of one day after 89 days of service to the Teaching Assts. In the University College and also the action in asking the petitioners to form into a Society and get employed through the Contractor in the University as illegal, arbitrary, violative of the Directive Principles of State Policy and Arts.14,16 and 21 of the Constitution of India and further seeking a declaration that they are entitled to be regularized as per G.O.Ms.No.212 after completion of five years of service. Counsel for the PetitionersMR.K.R.PRABHAKAR Counsel for the Respondents MR.T.S.HARNATH WRIT PETITION NO : 3570 of 1998 Between: 1. Dr. Ch.Thandava Krishna, S/o.Venkateswarlu, Teaching Assistant, Department of Economics, Nagarjuna University P.G.Centre, Ongole, R/o.Ongole, Prakasam District. 2. M.Subba Rao,S/o. Venkaiah, Teaching Assistant, Department of Bio-Chemistry, Nagarjuna University P.G.Centre, Nuzvid. ..... PETITIONERS AND 1. Nagarjuna University rep. by its Registrar, Nagarjunanagar, Guntur. 2. The Secretary to Government, Finance and Planning Department, Secretariat, 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 may be pleased to issue a Writ, order or direction particularly one in the nature of Writ of Mandamus declaring the DO.Lr.No.43139/479/EBS.VII/97, dated.8-12-1997 issued by the Secretary to Government, Finance & Planning, Hyderabad and the consequential proceedings of the Vice-Chancellor issued in No./Estt-TS/TA/97-98, dated 5.1.1998 issued by the Registrar as illegal, arbitrary and also declaring the action of the respondent-University in giving an artificial break of one day after 89 days of service to the Teaching Assts. In the University College and also the action in asking the petitioners to form into a Society and get employed through the Contractor in the University as illegal, arbitrary, violative of the Directive Principles of State Policy and Arts.14,16 and 21 of the Constitution of India and further seeking a declaration that they are entitled to be regularized as per G.O.Ms.No.212 after completion of five years of service. Counsel for the PetitionersMR.K.R.PRABHAKAR Counsel for the Respondents: MR.KOKA RAGHAVA RAO WRIT PETITION NO : 4091 of 1998 Between: R. Siva Rama Prasad, S/o.R.Krishna Rao, R/o. Lakshmipuram, Guntur. ..... PETITIONER AND 1. Nagarjuna University, Nagarjuna Nagar, Guntur, rep. By its Registrar. 2. The Principal, University College, Nagarjuna University, Guntur. 3. The Vice Chancellor, Nagarjuna University, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order, writ or direction more particularly one in the nature of writ of Mandamus declaring the proceedings No.NU/Estt.-TS/TA 97-98 dated 5.1.1998 issued by the first respondent as illegal, arbitrary, violative of Principles of natural justice and against to the Article 14,16 and 21 of the Constitution of India and consequently direct the respondents to regularize the service of the petitioner with all back wages. Counsel for the Petitioner:MR.S.SAMBHASIVA RAO Counsel for the Respondents: MR.T.S.HARNATH WRIT PETITION NO : 20613 of 1999 Between: Dr. B.Vijaya Kumar, S/o. Ananda Rao, Teaching Assistant, Department of Buddhist Studies and Philosophy, Nagarjuna University, Nagarjunanagar, Guntur. ..... PETITIONER AND 1. Nagarjuna University, Nagarjuna Nagar, Guntur, rep. By its Registrar. 2. N.H.Santhani, Visiting Professor, Director of Centre for Mahayana Buddhist Studies, Nagarjunanagar, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Mandamus declaring the Proc.No.NU/Estt-TS/TAS/99-2000 dated 5.7.1999 of the Registrar of R1 University as arbitrary and illegal and by nullifying the same to the extent the petitioner is concerned, and direct the R1 university to continue the petitioner in Service as Teaching Asst. by regularizing his services with all other consequential and attendant benefits. Counsel for the Petitioner:DR.P.B.VIJAY KUMAR Counsel for the Respondents MR.T.S.HARNATH WRIT PETITION NO : 6003 of 2004 Between: Dr.Y.Sunila, D/o Y.Srinivasa Rao, Osmania University College for Women, (Autonomous) Koti, Hyderabad. R/o H.No.16-2-836/47/B, Madhav Nagar, Saeedabad, Hyderabad. ..... PETITIONER AND 1 Osmania University, rep.by its Registrar, Hyderabad. 2 Joint Registrar, Administration, Osmania University, Hyderabad. 3 Osmania University College for Women, (Autonomous) Koti, Hyderabad rep.by its Asst.Registrar, Osmania University, Hyderabad. 4 Department of Higher Education, Government of Andhra Pradesh, Secretariat Building, Hyderabad rep.by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus declaring the action of respondents in not regularizing the services of the petitioner with effect from the academic year 2001-02 as lecturer in Zoology in the Osmania University respondent college and giving Artificial breaks under the guise of different orders, without paying regular scale and attached benefits etc. as illegal, unconstitutional and violative of inter alia Articles 14, 16, 21 and 38 of the Constitution of India and consequently direct the respondent University to regularize the services of the petitioner as lecturer in Zoology from the date of initial appointment and pay all consequential benefits arrears difference of pay to the petitioner. Counsel for the Petitioner:MR.VINOD KUMAR DESHPANDE Counsel for the Respondents 1to3:MR.DEEPAK BHATTACHARJEE Counsel for Respondent No.4: GP FOR HIGHER EDUCATION WRIT PETITION NO : 6863 of 2004 Between: Smt. R. Surekha, W/o R. Srinivas, R/o Plot No. 138/B, A.P. Housing Board, Laxminagar, Moulali, Hyderabad. ..... PETITIONER AND 1 Andhra Mahila Sabha, Arts & Science College for Women University Campus, Hyderabad, Rep. by its Secretary- Correspondent. 2 Andhra Mahila Sabha School of Informatics (Arts & Science College for Women) Durgabai Deshmukh Academic Campus, Osmania University Road, Hyderabad, Rep. by its Secretary cum Correspondent. 3 Osmania University, Osmania University Campus, Hyderabad, Rep. by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in issuing Lr.No. AMSSOI/0106/04 dt. 31-3- 04 terminating my services as arbitrary and illegal and consequently pleased to direct the Respondent to continue the petitioner as Computer Lab Programmer of MCA Programme. Counsel for the Petitioner:MR.VIJAY KUMAR HEROOR Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE WRIT PETITION NO : 7109 of 2004 Between: Aliya Begum D/o. Md. Yunus, Osmania University College for Women, Koti, Hyderabad. ..... PETITIONER AND 1 Osmania University, Rep. by its Registrary, Hyderabad. 2 Joint Registrar, Administration Osmania University, Hyderabad. 3 O.U. College for Women, Autonomous, Koti, Rep. by its Asst. Registrar, Osmania University, Hyderabad. 4 Department of Higher Education,. Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. Rep. by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to to issue a Writ of Mandamus declaring the acts of the respondents in not regularizing the services of the petitioner as lecturer in Chemistry in the Osmania University and giving artificial breaks under the guise of different orders without paying regular scale and attached benefits etc., as illegal, unconstitutional and violative of inter alia Articles 14, 16, 21 and 38 of the Indian Constitution of India and consequently direct the respondent University to regularize the services of the petitioner as lecturer in Chemistry with regular scale from the date of initial appointment and pay all consequential benefits to the petitioner. Counsel for the Petitioner:MR.O.RAMESH Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE WRIT PETITION NO : 8642 of 2004 Between: D. Sharwani Sripada D/o S. Hareesh Babu Osmania University College for Women, Koti, Hyd. R/o H.No.16-11-741/D/62, S.B.H.Colony, Musarambagh, Malakpet, Hyderabad-36 ..... PETITIONER AND Osmania University rep. by Registrar Osmania University, Hyderabad .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to to issue a writ order or proceedings, more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not regularizing the services of the petitioner inspite of her continuous services as Lecturer in Political Sciences, as illegal, arbitrary, voilative of Art. 14 of the Constitution of India apart from voilative of Govt. orders issued in several G.Os. and against the principles of natural justice and consequently direct the Respondents to regularize the services of the Petitioner as Lecturer in Political Science. Counsel for the Petitioner:MR.D.V.S.SITA RAMA RAJU Counsel for the Respondent: MR.DEEPAK BHATTACHARJEE THE COURT MADE THE FOLLOWING: COMMON ORDER It is submitted by all the counsel appearing for the respective parties that all these writ petitions are squarely covered by the Judgment of this Court dated 27.8.2004 in W.P.No.8664 of 1998 and Batch. Following the Judgment of a Division Bench of this Court in W.P.No.6469 of 2001 and batch dated 21.10.2003, I have disposed of W.P.No.8664 of 1998 and Batch by order dated 27.8.2004 observing, inter alia, that it is not desirable to replace the temporary services of the petitioners therein, making similar arrangements, with some others, the respondents shall take steps to identify regular vacancies that are to be filled on permanent basis and accordingly, the respondents were also directed to issue notification and fill up the regular vacancies before the end of the academic year and complete the process of selection on or before 31.3.2005. Following the Judgment dated 27.8.2004 in W.P.No.8664 of 1998 and Batch and for the reasons stated therein, these writ petitions are also disposed of in terms thereof. No costs. _______________ V. ESWARAIAH, J 14TH October, 2004 Tsr. To 1. The Registrar, Nagarjuna University, Nagarjunanagar, Guntur. 2. The Secretary to Government, Finance & Planning Department, Secretariat, Hyderabad. 3. The Principal, University College, Nagarjuna University, Guntur. 4. The Vice Chancellor, Nagarjuna University, Guntur. 5. The Registrar, Osmania University, Hyderabad. 6 The Joint Registrar, Administration, Osmania University, Hyderabad. 7 The Asst.Registrar, Osmania University College for Women, (Autonomous) Koti, Hyderabad. 8 The Secretary to the Department of Higher Education, Government of Andhra Pradesh, Secretariat Building, Hyderabad rep.by its Secretary 9 Secretary- Correspondent, Andhra Mahila Sabha, Arts & Science College for Women, University Campus, Hyderabad. 10 Secretary cum Correspondent, Andhra Mahila Sabha School of Informatics (Arts & Science College for Women), Durgabai Deshmukh Academic Campus, Osmania University Road, Hyderabad. 11. Two CCs to GP for Higher Education, High Court Buildings, Hyderabad. 12 Two CD copies.