HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14173 of 2003 Dated 7.6.2011 Between: K.Babul Reddy. …Petitioner. And: Acharya N.G.Ranga Agricultural University, Rajendra Nagar, Hyderabad, represented by its registrar and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14173 of 2003 ORDER: This writ petition is filed seeking to issue a writ of Mandamus compelling the respondents to regularize the services of the petitioner as Physical Director in Veterinary Polytechnic, Palamaner, Chittoor District, fixing a proper scale of pay. The case of the petitioner, in brief, is that he is working as a part-time Physical Director, Animal Husbandry Polytechnic, Acharya N.G.Ranga Agricultural University, Palamaner, from 01.11.2000 and was designated as N.S.S.Programme Officer from 17.04.2001. He possesses the qualification of Bachelor of Physical Education from Sri Venkateswara University in 1st division in the year 1990. He acquired Master Degree in Physical Education with specialization of Gymnastics in 1st division from Bharatiyar University, Coimbatore in the year 1991. He also possesses diploma in Yoga of Sri Venkateswara University, Tirupati issued in the year 1992. He has also passed Sahitya Siromani final examination of Sri Venkateswara University in the year 1990. He also worked as Physical Director in Dr.Ambedkar Law College for 7 years. It is his further case that the Government of Andhra Pradesh by G.O.Ms.No.501, Agriculture & Co-operation (Agri.III) Department dated 27.12.1997 sanctioned Agricultural Polytechnic College at Anakapalli and Animal Husbandry Polytechnic at Livestock Research Station, Palamaner. The Government also issued G.O.Ms.No.349 dated 6.12.1999 to meet the expenses of teaching and non-teaching staff. The 1st respondent University by proceedings No.08251/Acad.II/A2/2000 dated 20.4.2000 created one post of Medical Doctor and one post of Physical Director on part-time basis at each new polytechnic college at Mareteru, Anakapalli and Palamaner. Pursuant to the issuance of the said proceedings, applications were called for the post of part-time Physical Director, Palamaner and the petitioner was called for interview and was appointed as Physical Director on honourorium at Rs.3000/- per month by proceedings dated 31.10.2000 of the veterinary polytechnic, Palamaner and since then he has been working and was designated as NSS Programme Officer by proceedings dated 17.4.2001. It is his further case that the Government has given an annual grant for the said post vide G.O.Ms.No.349 dated 10.12.1999. He was selected by a properly constituted Selection Committee. He is entitled for regularization in the post of Physical Director as he is having the qualifications and experience and as he had undergone selection process before a Selection Committee. He has been working as Physical Director for over two and half years. He is entitled to be regularized as Physical Director in the Veterinary Polytechnic. Hence, this writ petition. Respondents 1 to 3 filed a counter stating as follows: To cater the medical needs of the students of Agriculture Polytechnic at Maruteru, the concerned authority sought permission to appoint part time Medical Doctor on contract basis. Since there are no regular sanctioned posts of Medical Officer and Physical Director for the polytechnics, the University after examining the proposal, issued orders to create one position of Medical Doctor and one position of Physical Director on part time basis at each of the newly established polytechnics including the veterinary polytechnic, at Palamaner. Accordingly, the petitioner was one of the Physical Directors appointed on part time basis on monthly honorarium of Rs.3,000/-. In proceedings No.54/A/2000, dated 31.10.2000, the petitioner was informed that the appointment is purely temporary and all his services will be terminated as and when the vacancy of regular Physical Director is filled up by the University or due to any other reason. Hence, the petitioner cannot claim any regular pay scale. The Government vide G.O.Ms.No.349 dated 6.12.1999 permitted the University to engage contractual services for the Veterinary College at Palamaner. The appointment to the regular post of Physical Director is by way of direct recruitment on all India basis, for which, a notification has to be issued duly mentioning the number of posts to be filled up. After obtaining applications from the eligible candidates, the candidates are required to attend the interview before the Selection Committee constituted by the Board of Management of the University. In view of the Status quo orders passed by this Court on 16.7.2003 in this writ petition, the University cannot go ahead with filling up of regular post of Physical Director in case, a regular post is sanctioned and if the university intends to fill up. As such, as on today, the petitioner has been working as Physical Director on part time basis. There is no scheme of regularization of physical directors working on part time basis. Hence, the petitioner cannot claim regularization of his services as Physical Director. Therefore, the respondents seek to vacate the status quo order passed by this Court on 16.7.2003 and dismiss the writ petition. Subsequently, since the Veterinary Sciences Branch has been bifurcated from the Agricultural Sciences wing and a separate University by name Sri Venkateswara Veterinary University has been constituted, Venkateswara Veterinary University was impleaded as 4th respondent. Fourth respondent has filed counter denying the material allegations. It is stated in the counter as follows: The Government of A.P. has issued orders vide G.O.Ms.No.501 dated 27.12.1997 and G.O.Ms.No.349 dated 6.12.1999 establishing the Animal Husbandry Polytechnic at Livestock Research Station, Palamaner, sanctioning certain posts. In those posts, the post of Physical Director has not been sanctioned by the Government. A temporary arrangement has been made by the Acharya N.G.Ranga Agricultural University, Hyderabad by creating a honorary position of part-time Physical Director temporarily at Animal Husbandry, Polytechnic, Palamaner to cater to the physical education needs of the students on payment of monthly honorarium of Rs.3,000/-. The petitioner has applied for the said position and got selected and joined duty. The 4th respondent- University was not existing on 16.7.2003 and it started functioning independently with effect from 01.04.2006. Since Sri Venkateswara Veterinary University was not made as party, files, documents and orders of this Court relating to this case were not available with the 4th respondent University and hence, the 4th respondent University has issued orders from time to time engaging the services of the petitioner for short spell of 175 days each. Therefore, the question of regularization of his services does not arise. Hence, the writ petition is liable to be dismissed. Heard the learned counsel and perused the material available on record. On 16.7.2003, this Court directed both parties to maintain status quo obtaining as on that day pending further orders. On 15.10.2003, this Court admitted the writ petition. On 18.3.2010, in W.P.M.P.No.7904 of 2010, this Court granted interim suspension as prayed for. At paragraph 6 of the counter filed by the 4th respondent, it is stated that 4th respondent was not existing on 16.7.2003 and it started functioning independently w.e.f. 01.04.2006. Since Sri Venkateswara Veterinary University, Tirupathi was not made as one of the respondents, the concerned files, documents or orders of this Court relating to this case were not available with the 4th respondent University and hence, the 4th respondent University has issued orders from time to time engaging the services of the petitioner for a short spell of 175 days each. Thus, he is continued in the honorary position till date. 4th respondent denied the contention of the petitioner that he is selected by a properly constituted selection committee and that he is entitled for regularization in the post of Physical Director. There was no post of Physical Director sanctioned either by the Government or by the University. Moreover, the University is not competent to sanction a post on regular basis without approval/sanction of the Government. Hence, the question of regularization of his services does not arise. Learned counsel for the petitioner would submit that the 1st respondent issued a notification calling for the application to engage certain persons on part time basis and post of Physical Director is one of the posts which is sought to be filled up. Pursuant to the said notification, the petitioner made an application and after duly considering the application and after interview, the petitioner was appointed to the post of Physical Director in the year 2000 and since from the date of appointment, the petitioner is continuing. It is further submitted by the learned counsel for the petitioner that the initially, the petitioner was engaged on honorarium of Rs.3,000/- per month and subsequently, it was enhanced and thereafter, it was sought to be revised to Rs.6,000/- by virtue of orders passed by this Court. It is further submitted that the services of some of the employees were regularized by virtue of orders of this Court and that the petitioner has put in long service and that unless the services of the petitioner are regularized, he will be put to irreparable loss and hardship. Apart from that, it is also submitted by the learned counsel for the petitioner that even though there are number of vacancies, the case of the petitioner is not considered and hence, the petitioner is entitled for regularization. On the other hand, the learned counsel for the 4th respondent submits that there is no occasion for the 4th respondent University, which has come into existence recently, to regularize the services of the similarly situated persons and the petitioner is continuing in service on part time basis only. There are no sanctioned posts and for the purpose of regularizing the services of the petitioner, sanctioned post is necessary and hence, the petitioner is not entitled for regularization. This matter pertains to the year 2003. Initially appointment of the petitioner is on part time basis. Subsequently, it was mentioned in the proceedings issued by the 4th respondent that the services were sought to be dispensed with on the ground that the contract period was over but however, the said proceedings were suspended by this Court. According to the petitioner, he possessed the requisite qualifications for Physical Director. The contention of the petitioner is that there are number of vacancies available but no proceedings are placed before this Court to show that there are vacancies and the posts were sanctioned. The availability of the sanction of posts is the disputed question of fact. Unless sufficient material is placed before this Court, it is not possible for this Court to take a decision directing the respondents to regularize the services of the petitioner. In this view of the matter and in view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to consider the case of the petitioner for regularizing his services in accordance with law and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. ________________________ Justice G.CHANDRAIAH Dated 7.6.2011. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14173 of 2003 Dated 7.6.2011