IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO: 25432 of 2003 Between: 1 V.V. Nageshwara Prasad S/o V. Sudhba Rayudu C/o 7-210/C, NGO's Colony, Cuddapah 2 Dikkala Manmadha Rao S/o D. Jagannayakulu, C/o 7-210/C, NGO's Colony, Cuddapah District 3 K. Rajani W/o B. Siva Ram prasad C/o 7-210/C, NGO's Colony, Cuddapah District 4 O. Baby Sarojini w/o M.S.R. Prasad C/o 7-210/C, NGO's Colony, Cuddapah District 5 M.K. Sairam S/o M. Rama Krishna Rao C/o 7-210/C, NGO's Colony, Cuddapah District 6 P.V. Triveni W/o V. Gnaneshwar Rao C/o 7-210/C, NGO's Colony, Cuddapah District 7 P. Rajini Kumari D/o P. George C/o 7-210/C, NGO's Colony, Cuddapah District 8 P. Vijaya Bharathi D/o P. Venkata Rao C/o 7-210/C, NGO's Colony, Cuddapah District 9 D. Sreekanth, S/o D. Rama Krishna Sharma, C/o 7-210/C, NGO's Colony, Cuddapah 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 ...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 absorbing the petitioners in the regular vacancies in terms of Clause SSO/10/96 is illegal and arbitrary; (ii) declaring the notification No. R1/20591/2002 dated 30-6-2003 and consequential selection of the candidates for recruitment of resident teachers (trained Graduate Teachers) on regular basis before regularization of the contract teachers who have put in 5 years and above service is illegal and arbitrary, (iii) direct the respondents to regularize the contract teachers including the petitioners 2 to 15 in terms of SSO.No. 40 of 1996 dated 17-12-96 in the existing regular posts of Resident Teachers (Trained Graduate Teachers") Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondent: MR.VIJAYA BHASKAR MOOLA FOR R2 GP FOR SOCIAL WELFARE FOR R1 The Court made the following Order: ORDER: Petitioners filed this Writ Petition and obtained an interim direction in W.P.M.P.No.32052 of 2003 dated 05-12-2003 to continue them in service pending further orders. 2. Against the similar interim orders in W.P.M.P.No.17199 of 2003 in W.P.13873 of 2003, Writ Appeal No.350 of 2004 was filed and a Division Bench of this Court comprising of Hon’ble The Chief Justice and The Hon’ble Dr. Justice G. Yethirajulu disposed of the same by a judgment dated 23-02-2004 in respect of similarly constituted petitioners who are working in Andhra Pradesh Social Welfare Residential Educational Institutions Society. 2. Learned counsel for the petitioners submits that in view of the said judgment of the Division Bench of this Court in Writ Appeal No.350 of 2004, petitioners are also entitled for the benefit of such directions and the Writ Petition may also be disposed of in terms of the said orders. 3. On the other hand, it is stated by the respondents in the counter that proposal had been submitted to the Government by the respondent-society for examining the possibility of regularization of the services of the Contract teachers and a separate proposal was also submitted to the Government subsequently through letter dated 13-08-2002 seeking permission to fill up certain vacancies on regular basis as well as seeking permission to regularize the services of teachers working on contract basis. The Government, through its letter dated 21-08-2002 directed to fill up only 50% of the vacancies on regular basis and remaining vacancies on contract basis. It is further stated in the counter that on the proposal of regularization of the contract teachers, no orders have yet been communicated to the society by the Government. 4. The petitioners, who are contract teachers are being continued for last more than eight years and in the meanwhile the process of filling up 50% of the vacancies has been commenced which gave rise to the grievance of the teachers working on contract basis on the ground of legitimate expectation of being regularized. Pursuant to the interim direction, the petitioners are being continued in service by the respondents. 5. In view of the judgment of the Division Bench in the aforesaid Writ Appeal, this Writ Petition is disposed of directing the Government to consider the proposals submitted by the Society for regularization of the contract teachers in existing vacancies by suggesting a formula or a scheme and such a decision should be taken within a period of three months from the date of receipt of a copy of this order and the same shall be communicated to the Society thereafter, so as to avoid unnecessary hardship to the teachers employed on contract basis. No order as to costs. ___________________ (V. ESWARAIAH, J) July 21, 2004 MRR 1 The Principle Secretary to Government, Government of Andhra Pradesh, Social Welfare Department, Secretariat, Hyderabad. 2 The Andhra Pradesh Social Welfare Residential Educational Institutional Society, Rep. by its Secretary, Social Welfare, Officers Complex, Masab Tank, Hyderabad. 3 Two C.C s to the G.P for Social Welfare, High Court Buildings, Hyderabad (OUT). 4 Two C.D. Copies.