THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION NO.18055 OF 2001 DT.02.12.2010 Between: P.Singaiah ……Petitioner Vs. The State of A.P., represented by its Secretary, Higher Education Department, Hyderabad and three others. ……………..Respondents. O R D E R: This writ petition has been filed by the petitioner declaring the action of the respondents in terminating the services of the petitioner as Lecturer in History in the third respondent College as illegal, arbitrary and unconstitutional and consequently direct the respondents to absorb the services of the petitioner as Lecturer in History in the third respondent College from the date of his initial appointment with all consequential benefits. The brief facts of the case of the petitioner are that he was appointed as Post Graduate Lecturer in History against an aided vacancy in the third respondent College i.e., AVN College, Visakhapatnam, by the duly constituted Selection Committee. It is also his case that he belongs to SC (C) Community. It is also his case that he was summarily terminated from service. The third respondent filed counter, stating, inter alia, that the petitioner was working as part time Lecturer in History on hourly basis since 21.08.1998 and that he was paid consolidated amount of Rs.2,500/- per month as remuneration and that he was not selected by a duly constituted Selection Committee. It is also the case of the third respondent that the second respondent accorded permission to the third respondent to fill up the backlog vacancies of SCs., and STs., and that as per the instructions, preference should be given to NET or SLET holders. It is also the case of the third respondent that the vacancies have been notified and in the meanwhile, the petitioner filed writ petition and obtained interim directions. Respondent Nos.1 and 2 also filed counters and mainly contended inter alia, that the contention of the petitioner that he was appointed by a duly constituted Selection Committee is not correct and that the appointment of the petitioner is not brought to the notice of respondent Nos.1 and 2 till the petitioner filed the writ petition. It is also contended that the third respondent was directed by the second respondent to clear the backlog of the S.C. vacancy for the History Lecturer post, duly following the procedure in terms of G.O.Nos.214 and 215 issued by the Government from time to time. This Court has granted interim direction to continue the petitioner in service as per the orders, dated 29.08.2001, in W.P.M.P.No.22615 of 2001 but subsequently, the said interim direction was vacated as per the orders, dated 7.03.2002. The counter of the fourth respondent reveals that basing on his application, the Director and Correspondent, Montessori Mahila Kalasala Degree College, Vijayawada addressed a letter dated 28.07.2004 to the Commissioner, Collegiate Education and pursuant to the said letter, he was transferred from A.V.N.College, Vijayawada to Montessori Mahila Kalasala Degee College, Vijayawada, in pursuance of the proceedings, dated 18.08.2004. It is clear that the interim direction passed by this Court was vacated. However, as seen from the counter filed by the fourth respondent, he was appointed in the SC vacancy and he was transferred to some other College. If any vacancy arises, the respondent may consider the case of the petitioner in accordance with the rules, having regard to the past service of the petitioner as Part Time Lecturer. In the circumstances, I direct the respondents to consider the case of the petitioner herein in accordance with the rules. The writ petition is disposed of accordingly. No order as to costs. ___________________ B.CHANDRA KUMAR J., Dt.02.12.2010 tjs