THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9945 OF 2010 DATED 5TH OCTOBER, 2010 BETWEEN: T.Sambasiva Rao … Petitioner A n d The Correspondent, SRYSP Junior College, Challapally, Krishna District, and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9945 OF 2010 O R D E R The petitioner assails the action of the respondents in not regularizing his services with effect from 21.07.1988 in spite of his representation dated 01.12.2008 and as per the ratio in G.O.Ms.No.230 dated 25.09.2008. He seeks a consequential direction to the respondents to regularize his services from the said date and extend him all consequential benefits. The first respondent College was admitted to grant-in-aid with effect from 01.07.1977 under G.O.Ms.No.1155 dated 19.12.1977. The services of the teaching staff of the first respondent College were regularized in terms of G.O.Ms.No.328, Education, dated 15.10.1997 with effect from 06.04.1998. While so, one T.V.Ashok Kumar Reddy and 14 other Junior Lecturers working in a similarly situated College sought regularization of their services with effect from the date that their College was admitted to grant-in-aid, 01.04.1994. They approached this Court by way of Writ Petition No.6948 of 2007 for the said relief. The said writ petition was disposed of by order dated 23.06.2008 directing the authorities concerned to pass appropriate orders on their representation dated 20.11.2006 whereby they sought regularization of their services with effect from 01.04.1994. Basing on the aforestated order, the authorities swung into action and issued G.O.Ms.No.230, Higher Education (IE-II) Department, dated 25.09.2008, whereby T.V.Ashok Kumar Reddy and the 14 others were given the benefit of regularization of their services with effect from 01.04.1994 instead of 13.04.1998, the date from which their services stood regularized initially under G.O.Ms.No.328 dated 15.10.1997. Except for the fact that the petitioner herein did not file a similar writ petition earlier, there is no distinguishing factor between him and those who were given the benefit of regularization with retrospective effect under G.O.Ms.No.230 dated 25.09.2008. This aspect is clear from the statement made by the Regional Joint Director of Intermediate Education, Rajahmundry, in his counter: “… The case of the petitioner cannot be equated with that of the Lecturers mentioned in G.O.Ms.No.230 dated 25.09.2008 as this G.O. was issued in the light of directions of Hon’ble Court in W.P.No.6948 of 2007 dated 23.06.2008…” Once the authorities thought it fit to exercise their discretion in the matter and granted the benefit of regularization to other similarly placed lecturers working in an identically situated College with effect from the date that it was admitted to grant-in-aid, there is no reason as to why the petitioner should be denied such benefit. The writ petition is accordingly disposed of directing the respondents to consider the case of the petitioner on par with those covered by G.O.Ms.No.230 dated 25.09.2008 and extend to him the benefit of regularization of his service in the first respondent College with effect from the date of his appointment, being subsequent to the granting of aid to the first respondent College. This exercise shall be completed within two (2) months from the date of receipt of a copy of this order. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J 5th OCTOBER, 2010 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9945 OF 2010 5TH OCTOBER, 2010