IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15094 of 2008 Between: P.Sarma, W/o. Uppalaiah, Andhra Degree and P.G.College, Station Road, Warangal, R/o. H.No.16-11-294, Chintal, Warangal, District Warangal. ..... PETITIONER AND 1 The Governfment of A.P., Rep by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad. 2 The Commissioner/Director of Collegiate Education, Government of A.P., Hyderabad. 3 The Regional Joint Director of Higher Education, Warangal. 4 The Secretary & Correspondent, Sri Visweswara Sanskrit Andhra Degree and P.G.College, Station Road, Warangal, District Warangal. .....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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorri by calling for the records pertains to the impunged proc.Rc.No.335/Admn.IV-4/2002, dated 30.2.2002 signed on 31.3.2003 issued by the 2nd respondent herein and to quash the same i.e., in rejecting the claim of the petitioner in not absorbing the petitioner's Service as clas IV employee in the 4th respondent College and consequently direct the respondents herein to abosorb the petitioner's service in one of the Grant-in Aid post of class IV int he 4th Resopndent College or in any other Private Aided Colleges with all consequential benefits as per Proc.Rc.No.756/Admn.IV-2/2004, dated 20-9-2004 issued by the 2nd respondent as per G.O.Ms.No.112 dated 23--1997 Fin. & Planning Deparmtnet and as per G.O.M.s.No.212 Fin & Planning Department dated 24-4-1994 and to pass Counsel for the Petitioner:MR.SADURAJESWARA REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15094 of 2008 ORDER: The petitioner was appointed as a Sweeper by the 4th respondent initially on 29.07.1982, on a salary of Rs.25/- per month, on temporary basis. It is stated that the petitioner is being continued as a Sweeper for the past two and half decades, by enhancing the salary from time to time. At present, her pay is about Rs.1200/- per moth. The petitioner submitted representations for absorbing her against an aided vacancy in the 4th respondent-institution. When the same were not considered, she approached this Court by filing W.P.No.3701 of 2002. On the basis of the directions issued therein, the 2nd respondent considered the case of the petitioner and issued proceedings, dated 30.02.2002, rejecting her claim. It was pointed out that there are no vacancies of class-IV service in the 4th respondent- institution and that the case of the petitioner cannot be considered in terms of G.O.Ms.No.212, dated 22.04.1994. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is no doubt true that the petitioner had rendered two and half decades of service with meager salary in the 4th respondent-institution, which is admitted to grant-in-aid. Through the impugned order, the 2nd respondent rejected the claim of the petitioner, on the ground that there is no clear vacancy in the 4th respondent-institution. When the writ petition came up for admission on 15.07.2008, this Court directed the learned Government Pleader to find out as to whether any class-IV posts exist in the 4th respondent-institution. On instructions, he submits that there is only one such post and it is occupied by an incumbent. As long as there is no vacancy, the case of the petitioner cannot be considered. However, in case, any vacancy arises, before the petitioner attains the age of superannuation, she has to be appointed against it. Hence, the writ petition is disposed of, directing that as and when any vacancy in class-IV service arises or any additional post is sanctioned, it shall be filled only by way of regularization of the petitioner against it. There shall be no order as to costs. _________ 18.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15094 of 2008 Dated: 18.04.2008 JSU