IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 6163 of 2003 & WRIT PETITION NO: 7701 of 2002 WRIT PETITION NO : 6163 of 2003 Between: 1. Smt. V. Padma, W/o. G. Raghu, R/o. A.P. State Social Welfare Residential High School/Junior College, Rajapeta, Nalgonda District. 2. B. Rama Das, S/o. Kobal, R/o. Vyyalawadu (P), Dornakal (M), Warangal District. ... PETITIONERS AND 1. The Government of Andhra Pradesh, Rep.by its Principle Secretary to Government, Social Welfare Department, Secretariat, Hyderabad. 2. The Andhra Pradesh Social Welfare Residential Educational Institutional Society rep.by its Secretary, Social Welfare, Offices Complex, Masab Tank, Hyderabad. 3. A.P.State Social Welfare Residential High School/Junior College, Rep.by its Principal, Rajapet, Nalgonda District. 4. A.P.State Social Welfare Residential High School/Junior College, Rep.by its Principal, Armoor, Adilabad District. ...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 direction or writ more particularly one in the nature of Writ of Mandamus declaring action of the respondents in not regularizing the services of the petitioners in pursuance of the standing orders of the society dated 11.12.1996 as wholly illegal, arbitrary and unjust consequently direct the respondents to regularize the services of the petitioners in their respective posts Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondents: MR.VIJAYA BHASKAR MOOLA WRIT PETITION NO : 7701 of 2002 Between: 1 M. Vijaya Bharathi, W/o Vinod Goud, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 2 M. Sharadha Devi, W/o B. Prasadha Rao,R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 3 E. Raghavendra Chary, S/o Sathaiah, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 4 R. Prashantha, D/o Badraiah, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 5 T. Jyothi, W/o VEnkata Reddy, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 6 Y. Sujatha, W/o Mani Kumar, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 7 Smt. Chand Sultana, W/o Syed Shabbir, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 8 M. Prema Latha, W/o Dharmaraju, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 9 C. Prashanthaa, D/o C. Bal Reddy, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 10 B. Malathi, w/o Vema Reddy, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 11 N. Rajashekar Reddy, S/o Srinivas Reddy, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 12 K. Kishore, S/o K. Ramana Narsimham, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 13 Sheik Kasim, S/o Shik Lal, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 14 GLS Madan Mohan Rao, s/o Narsimha Rao, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 15 D. Manmada Rsao, S/o Late Jagannayakulu, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 16 P. Sharadha, D/o P.V. Raghavulu, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 17 G.S. Ravinder, S/o Simon, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 18 G. Venkat Naidu, S/o G. Venkatesh, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 19 J. Gopal, S/o Ashanna, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. 20 B. Sreenivasachary, S/io Narayana Chary, R/o H.No.19-60/1, Venkatashwara Colony, Shadnagar, Maahaboob Nagar. ... PETITIONERS AND 1 The Government of A.P. Rep by Principal Secretary to Government , Social Welfare Department, Secretariat, Hyderabad. 2 A.P. State Social Welfare Residential Educational Institutional Society Rep by Secretary, Hyderabad. 3 A.P. State Social Welfare Residential High School, Rep by Principal Kamadanam, Shadnagar, Mahaboobnagar District. 4 A.P. State Social Welfare Residential High School, Rep by Principal Chitkil , Medak dist, 5 A.P. State Social Welfare Residential High School, Rep by Principal Pochampadu, Nizamabad District., 6 A.P. State Social Welfare Residential High School, Rep by Principal Ananthagiripalle, Vikarabad, R.R.Dist 7 A.P. State Social Welfare Residential High School, Rep by Principal Vikarabad R.R.Dist 8 A.P. State Social Welfare Residential High School, Rep by Principal Matanpally, Nalgonda District. 9 A.P. State Social Welfare Residential High School, Rep by Principal Mallapur, Chari, Warangal District. 10 A.P. State Social Welfare Residential High School, Rep by Principal Kotagal, Nizamabad District., 11 A.P. State Social Welfare Residential High School, Rep by Principal Singoor, Medak dist, 12 A.P. State Social Welfare Residential High School, Rep by Principal Yella Reddy Nizamabad District., 13 A.P. State Social Welfare Residential High School, Rep by Principal Nadigudem, Nalgonda District. 14 A.P. State Social Welfare Residential High School, Rep by Principal Madanapuram, Mahaboobnagar District. 15 A.P. State Social Welfare Residential High School, Rep by Principal Achampet Mahaboobnagar District. 16 A.P. State Social Welfare Residential High School, Rep by Principal Kanchili. Srikakulam District. ...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 direction or writ more particularly one in the nature of writ of Mandamus declaring action of the respondents in not regularising the services of the petitioners in pursuance of the assurance given by them and in pursuance of the standing orders No.41/96 of the society dated 11-12-96 as wholly illegal arbitrary and unjust consequently direct the respondents to regularise the services of the petitioners in their respective posts and pass Counsel for the Petitioners: MR.G.RAVI MOHAN Counsel for the Respondents: MR.VIJAYA BHASKAR MOOLA The Court made the following order: COMMON ORDER: It is stated by both the counsel for the respective parties that a proposal has been submitted to the Government by the respondent society through its letter dated 13.08.2002 for examining the possibility of regularization of services of contract teachers and seeking permission to fill up certain regular vacancies on regular basis as well as permission to regularize the teachers working on contract basis. The Government, however, through letter dated 21.08.2002 directed to fill 50% vacancies on regular basis and the remaining vacancies on contract basis. It was also stated that on the proposal for regularization of contract teachers no orders have yet been communicated to the society by the Government. Admittedly, the petitioners are continuously working on contract basis and in the meanwhile the process to fill up 50% vacancies has commenced which gave rise to grievance by the teachers employed on contract basis on the ground of legitimate expectation of being regularized. Therefore, it is appropriate to direct the Government to consider the proposal submitted by the Society for regularization of the services of the contract teachers against existing vacancies by suggesting a formula or scheme and such a decision may be taken within three months from the date of receipt of a copy of this order and the decision may be communicated to the Society so as to avoid unnecessary hardship to teachers employed on contract basis. With the aforesaid direction these writ petitions are disposed of. No order as to costs. __________________ V. ESWARAIAH, J September 22, 2004 Dsk To 1. Principal Secretary to Government of Andhra Pradesh, Social Welfare Department, Secretariat, Hyderabad. 2. Secretary, The Andhra Pradesh Social Welfare Residential Educational Institutional Society, Social Welfare, Offices Complex, Masab Tank, Hyderabad. 3. Principal, A.P.State Social Welfare Residential High School/Junior College, Rajapet, Nalgonda District. 4. Principal, A.P.State Social Welfare Residential High School/Junior College, Armoor, Adilabad District. 5. Principal, A.P. State Social Welfare Residential High School, Kamadanam, Shadnagar, Mahaboobnagar District. 6. Principal, A.P. State Social Welfare Residential High School, Chirtkul, Medak dist, 7. Principal, A.P. State, Social Welfare Residential High School, Pochampadu, Nizamabad District. 8. Principal, A.P. State Social Welfare Residential High School, Ananthagiripalle, Vikarabad, R.R.Dist 9. Principal, A.P. State Social Welfare Residential High School, Vikarabad R.R.Dist 10. Principal, A.P. State Social Welfare Residential High School, Matanpally, Nalgonda District. 11. Principal, A.P. State Social Welfare Residential High School, Mallapur, Chari, Warangal District. 12. Principal, A.P. State, Social Welfare Residential High School, Kotagal, Nizamabad District. 13. Principal, A.P. State Social Welfare Residential High School, Singoor, Medak District. 14. Principal, A.P. State Social Welfare Residential High School, Yella Reddy Nizamabad District., 15. Principal A.P. State Social Welfare Residential High School, Nadigudem, Nalgonda District. 16. Principal A.P. State Social Welfare Residential High School, Madanapuram, Mahaboobnagar District. 17. Principal A.P. State Social Welfare Residential High School, Achampet Mahaboobnagar District. 18. Principal A.P. State Social Welfare Residential High School, Kanchili, Srikakulam District.