THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 3997 of 1997 Date: 02nd August, 2011 Between: Dr.A.Soma Shekar … Petitioner And: State of Andhra Pradesh, rep. by its Secretary, Education Department and 3 others … Respondents THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.3997 of 1997 ORDER: This Writ Petition is filed by the petitioner seeking for issuance of Writ of Mandamus declaring the inaction of respondents in not absorbing the petitioner as Lecturer in Botany in an aided vacancy in the 3rd respondent-College offends Articles 14, 16 and 21 of the Constitution of India, and consequently compel the respondents to absorb the services of the petitioner as Lecturer in Botany, in N.B. Science College in an aided vacancy from the date of his appointment. The case of the petitioner is that he has qualified in M.Sc. (Botany) from Kakatiya University, Warangal and also acquired Ph.D from the same university. He was appointed as part-time lecturer in Botany in L.N.Gupta Evening College of Science and Commerce on 14.09.1987 in the academic year 1987-88. He continued in the said college for the academic year 1988-89 also. From the academic year 1989-90 he was not only working in L.N.Gupta Evening College of Science and Commerce but also in N.B.Science College, which are under the same Management of Aggarwal Siksha Samithi, Pathargatti, Hyderabad. Therefore, he is working as Part-time lecturer in Botany in the said colleges under the Management of Aggarwal Siksha Samithi from the academic year 1987. It is his further case that the Government to alleviate the sufferings of the part-time lecturers issued G.O.Ms.No.302 dated 23.08.1991 for the purpose of regularizing appointment of all the part time lecturers. Therefore, the petitioner is entitled for regularization of services as lecturer of Botany in the 3rd respondent-college. But his case was not considered in terms of the said G.O. It is also his case that as per G.O.Ms.No.212 dated 20.04.1994 directing regularization of service of NMK/Adhoc employees working in various offices, departments, etc., who are continuing in service as on 25.11.1993 without any break, even then the case of the petitioner is not considered. Therefore, the present writ petition. Along with this writ petition, the petitioner also filed W.P.M.P.No.1737 of 2002 seeking direction to the respondent-college to regularize his services in Botany in N.B. Science College, Hyderabad. The college is under the Management of 3rd respondent. On 19.07.2002, this Court while recording the facts and circumstances of the case pending disposal of the writ petition, passed the following interim order: “Having regard to the facts and circumstances, it is directed that the case of the petitioner shall be considered for regularization in accordance with the existing Rules or Orders, as the case may be, subject to the petitioner fulfilling the conditions stipulated therein. It is further made clear that the pendency of the Writ Petition shall not be treated as a ground for not considering the case of the petitioner.” When the case is taken up for hearing, there is no representation for the petitioner. The learned counsel appearing for the 4th respondent submits that the petitioner cannot have grievance as far as the 4th respondent is concerned. He submits that the grievance of the petitioner is only with the 3rd respondent-College who has to consider his case for regularization in accordance with law. Under the circumstances, the case of the petitioner is only to direct the 3rd respondent-College to absorb him as Lecturer in the Department of Botany. This Court had already passed an interim order on 19.07.2002 to consider the case of the petitioner as per existing rules if the petitioner is eligible. In view of the interim orders, no further order needs to be passed and the writ petition is accordingly disposed of. If the official respondents have not complied with the order passed on 19.07.2002, they are directed to comply with the same within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH 02nd August, 2011 KSM