IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 27668 of 2007 Between: K.N. Sastry S/o K. Vidyapathi r/o Vaastu Associates Sonachandi Market, Bhainsa, Adilabad District. ..... PETITIONER AND 1 State of Andhra Pradesh rep by its Principal Secretary, to Government Higher Edcucation Department, Secretariat, Saifabad, Hyderabad. 2 The Commissioner of Intermediate Education Andhra Pradesh, Hyderabad. 3 The Principal. Government Junior College Bhainsa, Adilabad district. .....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 appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No. VOc. 1-A-2/172/2006-3(A)&(B) dated 20-11-2006 issued by the 2nd respondent as confirmed in O.A. no. 7679 of 2006 dated 10-09-2007 as illegal, arbitrary, contrary to law and unconstitutional by declaring the orders in G.O.Ms.No. 101 Higher Education Department dated 29-07-2006 issued by the 1st Respondent by holding that the petitioner is entitled for grant of minimum time scale of pay and the proposed recoveries as unjust and illegal and pass such other or further order or orders as are deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent : GP FOR SERVICES The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :27668 of 2007 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to declare the Judgment of the A.P. Administrative Tribunal in O.A.No.7679 of 2006, dated 10-9-2007 dismissing along with O.A.No. 430 of 2007 and batch including Proceedings in Rc.No. VOC.I-A-2/172/2006-3 (A) &(B), dated 20-11-2006 issued by the 2nd respondent as illegal and arbitrary. The petitioner herein is the applicant before the tribunal and he filed the O.A. seeking to declare that he is fully eligible and qualified to be granted minimum time scale of pay attached to the post of Junior Lecturer in Commerce in terms of G.O.Ms.No.352, dated 1.10.1994 and to call for the records relating to Rc.No.VOC.1-A-2/172/2006-3, dated 20.11.2006 of the 2nd respondent and quash or set aside the same holding it as arbitrary and illegal and to direct the respondents to continue to pay minimum time scale of pay attached to the post of Junior Lecturer to the applicant in terms of G.O.Ms.No.352, dated 1.10.1994 with consequential benefits. The tribunal having observed that the applicant has not satisfied the conditions of minimum service of five years as on 25.11.1993 and even the applicant does not satisfy the relaxed condition as per G.O.Ms.No.101, Higher Education, dated 29.7.2006, held that the respondents have rightly concluded that the applicant is not entitled for minimum scale of pay or the consolidated pay and have rightly issued the impugned orders, dismissed the O.A. along with its batch. Having aggrieved by the same, the present writ petition has been preferred by the petitioner-applicant. Heard the learned Counsel appearing for the petitioner and the learned Government Pleader and perused the material available on record. Before going into the merits of the case, it is relevant to note that there is no dispute that the petitioner was appointed on adhoc basis as part time lecturer on 1.9.1993 by the Principal, Government Junior College (Boys), Nizamabad and he worked in the college upto 29th December, 1993. Thereafter, he was appointed as part time junior lecturer in EET Course (Old R & TV) from 30.12.1993 in Government Junior College, Bhainsa, Adilabad District. At this juncture, it is pertinent to note that in view of the working of large number of part time lecturers, the Government have formulated a scheme under G.O.Ms.No:166, Education dated 8.6.1994 for regularization and sanction of minimum time scale to the part time junior lecturers who have been working in regular vacancies or where the work justifies the appointment of regular lecturer for more than three years by 30.4.1991. In this regard, it is relevant to note G.O.Ms.No:352, Education, dated 1.10.1994 which stipulates the conditions as under: 1.They should have put in 5 years of service by 25.11.1993 2.They should have 16 hours of work load in a Week 3.They should be working in a regular vacancy 4.They should possess prescribed qualification for the post of Junior Lecturer (Vocational Course) 5.To extend minimum pay of the pay scale to the post After detecting the irregularities, the Government have also issued the G.Os from time to time and the G.O.Ms.No:101, Higher Education, dated 29.7.2006 being the latest one. It is obvious from the material available on record that the applicant has not satisfied the condition of minimum service of 5 years as on 25.11.1993 and even in spite of their examination in consonance with G.O.Ms.No:101, they have not satisfied the relaxed conditions as rightly observed by the tribunal. Under the above facts and circumstances of the case coupled with G.O.Ms.No:352 and 101, We have no hesitation to hold that the tribunal is justified in passing the order impugned. Hence, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _________________________ Justice T.Meena Kumari ______________________ Justice S. Ashok Kumar Dated:2.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 27668 of 2007 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 2/04/2008