THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.21411 of 2001 Dated: 16.08.2010 Between: V.S.R. Subrahmanyam. .. Petitioner. And State of Andhra Pradesh rep. by its Secretary to Government, Education Department, Secretariat, Saifabad, Hyderabad, And others. .. Respondents. ORDER: It appears, the petitioner was initially appointed as a Part-time Junior Lecturer in Zoology Department of the 3rd respondent College, namely, B.V.K. Junior College, Dwarakanagar, with effect from 01.08.1985 and worked in that capacity till 13.04.1992. Subsequently, while he was working as a Part-time Junior Lecturer in M.P.R. Degree College, Visakhapatnam, a clear aided vacancy of Junior Lecturer in Zoology Department arose in the 3rd respondent College, for which he submitted an application on 06.06.1997 and the same was considered by issuing appointment order dated 07.06.1997, whereby he was directed to take up classes with effect from 01.07.1997. While so, by proceedings dated 10.06.1997 issued by the 2nd respondent-Director of Intermediate Education, Andhra Pradesh, Hyderabad, one Dr.P.Varada Raju, who was working as a Lecturer in Zoology Department in M.G.College, Atreyapuram, East Godavari District, was transferred to the 3rd respondent College against the vacancy in respect of which the petitioner was issued with the appointment order dated 07.06.1997. Thereafter, as the proceedings dated 10.06.1997 were not implemented, the said Varada Raju filed a writ petition being W.P.No.19832 of 1998, seeking a direction to the 3rd respondent to implement the proceedings dated 10.06.1997, and it was disposed of on 04.09.1998 permitting the petitioner therein to give representation to the Commissioner and Director of Intermediate Education, Government of A.P., Hyderabad, who thereupon was directed to pass appropriate orders and give appropriate posting to the petitioner therein in any college in East Godavari District. In the said W.P.No.19832 of 1998, the petitioner herein got impleaded as a party to the proceedings therein. While so, the Government issued G.O.Ms.No.328 Education (CE.III) Department, dated 15.10.1997, for regularization of the services of all Part-Time Lecturers/Part-Time Junior Lecturers working in Private Aided Degree/Private Aided Junior Colleges in the State subject to fulfillment of conditions stipulated therein. Pursuant thereto, the 3rd respondent College submitted the details of the service particulars of the petitioner to the Regional Joint Director of Higher Education, Rajahmundry, who in turn, submitted proposals for regularization of the services of the petitioner to the 2nd respondent- Director of Intermediate Education, Hyderabad, and the 2nd respondent issued impugned proceedings dated 25.06.1998 stating that the petitioner is found not eligible for regularization of his services for the reason that he was not in service as on 15.10.997, the day on which G.O.Ms.No.328 was issued, and that there was already one surplus Junior Lecturer posted against aided vacancy in the college. Later on, in pursuance of the representation submitted by the petitioner to the 1st respondent seeking regularization of his services, the 1st respondent-Government issued memo dated 18.12.2000, whereby the 2nd respondent was informed that the request of the petitioner, for regularisation of his services, was not feasible of compliance. Aggrieved by the proceedings dated 25.06.1998 issued by the 2nd respondent and the memo dated 18.12.2000 of the 1st respondent, the petitioner filed the present writ petition. Heard the learned counsel for the petitioner, learned Government Pleader for Respondents 1 and 2 and also the learned counsel appearing for the 3rd respondent. A careful scrutiny of the order dated 04.09.1998 passed in W.P.No.19832 of 1998 would reveal that the transfer order dated 10.06.1997, whereby the petitioner therein was transferred from M.G. Junior College, Atreyapuram, to the 3rd respondent College herein, remained unimplemented. In the said writ petition, this Court observed that since the transfer order dated 10.06.1997 was passed by the Commissioner and Director of Intermediate Education which could not be implemented, the Commissioner and Director of Intermediate Education himself was bound to identify a proper college for the petitioner therein to join and draw his salary from an aided post in any college. Thus, it is clear that the petitioner in W.P.No.19832 of 1998 never joined the services of the 3rd respondent College. Be that as it may, subsequent to passing of the impugned proceedings dated 25.06.1998, the 3rd respondent college re-submitted the proposals, for regularization of the services of the petitioner, to the 2nd respondent vide its letter dated 14.11.2003, wherein, while seeking re- consideration of the case of the petitioner, it clarified as under: “ As regards to objection No.1 as mentioned in ref.No.4 there is a clear vacancy as the transfer of Dr.P.Varada Raju was set aside by Honourable High Court of Andhra Pradesh vide judgment dated 4.09.1998 (copy of the judgment enclosed). As regards to objection No.2, Sri V.S.R. Subrahmanyam served with appointment letter dated 7.6.97 in the existing vacancy as J.L. in Zoology and to report for duty on 1.7.97 (copy enclosed). As per the orders Sri V.S.R. Subrahmanyam reported for duty on 1.7.97, but the same day Dr.P.Varada Raju J.L. in Zoology from M.G. College, Atreyapuram, E.G.Dt. approached with his transfer orders dated 10.6.97, without producing releaving orders (copy enclosed). Mr.P.Varada Raju was given time to submit his releaving orders and Mr.V.S.R. Subrahmanyam was advised to attend the college regularly for further information, to take classes to avoid dislocation of work. Accordingly he attended the college and took the classes without signing in the register and finally taken into service officially from 1.11.97. In the meantime the Honourable High Court of Andhra Pradesh set aside the irregular transfer orders vide judgment dated 4.9.98. Hence Mr. V.S.R. Subrahmanyam deemed to have been in service since 1.7.97 (copy enclosed).” From the above, it is clear that the petitioner has been continuously working with the 3rd respondent College since 01.07.1997 and, therefore, it must be deemed that the petitioner was in service as on 15.10.1997, the day on which the Government issued G.O.Ms.No.328. In view of the above, the respondents are directed to consider the case of the petitioner, for regularization of his services as Junior Lecturer against the aided vacancy of Zoology in the 3rd respondent College, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 16.08.2010 v v