HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.21477 of 1996 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: B.Emmanuel ….PETITIONER(S) and State of A.P., rep. by its Secretary, Education Department, Secretariat Bldgs., Hyderabad and others …RESPONDENT(S) HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.21477 of 1996 ORDER: (PER SRI JUSTICE V.ESWARAIAH) This writ petition is filed seeking a writ of mandamus to declare the action of the respondents in continuing the 4th respondent as Lecturer in History in the 3rd respondent college as illegal and arbitrary and to direct the respondents to regularize his service from the date of his appointment. Heard the learned counsel for the petitioner and the learned Government Pleader for Higher Education. The petitioner was appointed on temporary basis as Lecturer in History on a consolidated pay of Rs.1000/- per month vide order dated 11.08.1987 of the 3rd respondent college and joined duty on 17.08.1987. The 4th respondent, who was appointed in a regular aided vacancy, was found surplus in some other college and was transferred and posted in the 3rd respondent college in November, 1990. With regard to the question of the transfer of 4th respondent to the 3rd respondent college, it is clear that the appointment of the petitioner itself is not by following due process and he was appointed purely on temporary basis and, therefore, he is not entitled for regularization of his service. When the petitioner himself is not entitled for regularization of his service, he cannot have any grievance in transferring and posting the 4th respondent to the 3rd respondent college. It is stated in the counter affidavit that the appointment of the petitioner made by the 2nd respondent was purely on temporary basis and only a stopgap arrangement in a leave vacancy. Whenever surplus aided Lecturers who were appointed on regular basis against aided vacancies are found in a given college, and if there is a deficiency in some other college, it is always open for the Government to transfer the surplus staff from one aided college to another aided college. Therefore, we do not see any merit in the writ petition and the same is liable to be dismissed. The writ petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH, J _______________________ R.SUBHASH REDDY, J ___________________________ VILAS V.AFZULPURKAR,J 12th OCTOBER 2009 KPR/CVRK