IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3435 of 2007 Between: K.V. Suryanarayana S/o K. babu Rao Occ.Teacher, SR Government High School, Tuni, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by Secretary, Higher Education Department, Secretarit, Hyderabad. 2 The Director./Commissioner of INtermediate Education, Andhra Pradesh, Nampally, Hyderabad. .....RESPONDENT(S) 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 call for the records pertaining to the case and to quash the orders of the Hon'ble Tribunal by issuing an appropriate Writ particularly one in the nature of Certiorari setting a side the judgment of the Hon'ble A.P. Administrative Tribunal in O.A. No. 5511 of 2003 dt 1- 8-2006 consequently to set a side the Government Memos No. 13642/IE-1/2002 dt 16-6-2003 & memo No. 3314/CE-1-1/2001-2 dt 21- 5-2002 as illegal and arbitrary and to direct the respondents to consider regularization of the services of the petitioner as Junior Lecturer in terms of G.O.Ms. No. 221 Education (c-E1-2) Department dt 20-06-1995 with all consequential and service benefits and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.RATNAM Counsel for the Respondents : GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.3435 OF 2007 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed by the applicant in the OA No.5511 of 2003 assailing the order dated 1-8-2006 passed by the AP Administrative Tribunal, Hyderabad. The petitioner filed the said OA questioning the memos dated 21-5-2002 and 16-6-2003 passed by the 1st respondent-Secretary, Higher Education Department, Secretariat, Hyderabad, as being illegal and to set aside the same and consequently direct the respondents to regularize the services of the petitioner as part-time junior lecturer as per GO Ms.No.221, Education Department, dated 20-6-1995 with all consequential benefits such as pay seniority etc. 2. The case of the applicant-writ petitioner herein was that he worked for more than 360 days in three academic years, prior to 1991 as part-time junior lecturer in Government Junior College, Addateegala. Having regard to the service rendered by him as part-time lecturer, he made a representation dated 2-1-1993 to the 2nd respondent-Director of Intermediate Education, AP at Nampally, Hyderabad, for regularization of his services as junior lecturer in the existing vacancies. As no order was passed on his representation dated 2-1-1993, the petitioner filed OA No.920 of 2001 and the same was disposed by order dated 15-2-2001 directing the respondents to pass orders on his representation within a period of two months. As no orders could be passed pursuant thereto, the petitioner filed another OA No.8859 of 2002 seeking to regularize his services as part-time junior lecturer in terms of GO Ms.No.221, dated 20-6-1995. It is stated that the petitioner in the meanwhile was selected as Teacher in pursuance to the selections made by the District Selection Committee in the year 1999. 3. It is further stated by the petitioner that the respondents by impugned orders dated 21-5-2002 and 16-6-2003 rejected the claim of the petitioner for regularization of his services as junior lecturer in the existing vacancies and also to regularize his services as part-time junior lecturer in terms of GO Ms.No.221, dated 20-6-1995. Aggrieved by the same, the petitioner filed the present OA No.5511 of 2003 assailing orders dated 21-5-2002 and 16-6-2003 passed by the 1st respondent-Secretary, Higher Education Department, Secretariat, Hyderabad. 4. The Tribunal by the impugned order dismissed the OA on the ground that the action of the respondents in not considering the case of the petitioner was just as the petitioner has not fulfilled the conditions stipulated in GO MS No.221, dated 20-6-1995 for consideration of his case for regularization as part-time lecturer. Aggrieved by the said order passed by the Tribunal, this writ petition is filed. 5. Heard the learned counsel for the petitioner and the learned Government Pleader for Education. 6. It is the case of the applicant-writ petitioner that he worked for more than 360 days in three academic years, prior to 1991 as part-time junior lecturer in Government Junior College, Addateegala and having regard to the service rendered by him as part-time lecturer, he made a representation dated 2-1-1993 to the 2nd respondent-Director of Intermediate Education, AP at Nampally, Hyderabad, for regularization of his services as junior lecturer in the existing vacancies. By memos dated 21-5-2002 and 16-6-2003 impugned in the present OA passed by the 1st respondent while rejecting the case of the petitioner it was stated that the petitioner has not fulfilled the conditions stipulated under GO Ms.No.221, dated 20-6-1995 and this aspect of the matter was examined by the Tribunal and observed that the petitioner is not entitled for the relief of regularization of his services as part-time lecturer as he did not fulfil sub-Clause (3) of Clause 3 of the said GO. It was also observed that the petitioner was not diligent in working out his remedies after issuance of the said GO Ms.No.221, dated 20-6-1995. 7. In the circumstances, we do not find any infirmity in the impugned order passed by the Tribunal warranting interference by this Court. The writ petition is, therefore, dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 9th June, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}