2011 (3) ALD 674
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
GODA RAGHURAM AND R. KANTRA RAO, JJ.
Government of Andhra Pradesh and others
v.
Dr. B. Srinivasa Rao and another
WP Nos.13683 and 13872 of 2010
Decided on: Twenty Seventh Day of October, 2010
Higher Education Department - Issuance of writ in the nature of certiorari –Quash of Order -first respondent was engaged by the 4th petitioner - Principal, Government Junior College part-time Lecturer in ML T (vocational) Course on payment of remuneration of hourly basis. According to the petitioners, the said engagement is contrary to the provisions of the Act 2 of 1994 and according to which no part time arrangement is to be made with effect and thus, 4th petitioner was working is contrary to the rules. Therefore, the 4th petitioner asked the first respondent to submit his willingness for conversion of his post to that of a contract Lecturer. The first respondent refused to give any such willingness and inconsequence thereof, the 4th petitioner dispensed with his services and issued notification on 12.8.2005 to fill up the contract Junior Lecturers including the vacancy of the first respondent. Feeling aggrieved, the first respondent filed OA No.4366 of 2005 before the Andhra Pradesh Administrative Tribunal, Hyderabad and the learned Tribunal on an application made by the first respondent passed interim direction directing the petitioners not to fill up the post of Medical Lab Technician on contract basis in the 4th petitioners college, pending disposal of the O.A. The first respondent also filed another OA No.5068 of 2005 seeking a direction to the 4th petitioner allowing the first respondent to discharge his duties as part-time Junior Lecturer ML T (vocational) Course. In the said O.A on the application made by the first respondent, the learned Tribunal passed interim orders directing the 4th petitioner to allow the first respondent to take up the classes pending disposal of the O.A. –Held review applications filed by the first respondent were allowed by the learned Andhra Pradesh Administrative Tribunal on the sole ground that G.O. Ms. N0.101 Higher Education (IE.1) Department, dated 29.T.W06 was not brought to its notice and the said G.O. was not considered. Apparently on the same ground, which the first respondent raised before the Division Bench of this Court in WP No.26438 of 2009, it was specifically rejected by the Division Bench of this Court while dismissing the writ petition on merits. Further filing of writ petition and its disposal was not brought to the notice of the Andhra Pradesh Administrative Tribunal by the first respondent in his review applications. Similarly, the pendency of the review applications was not brought to the notice of the Division Bench of this Court before which the writ petition was pending. The first respondent, therefore, as rightly contended by the petitioners is guilty of suppression of material facts and the suppression is also so deliberate and willful. Administrative Tribunal in Rev. are declared as contrary to law and without jurisdiction and they are quashed. writ petitions are allowed. There shall be no order as to costs –Petition is Allowed.
R. KANTHA RAO, J :-We have heard the learned Government Pleader for Services-I for the petitioners and the party-in-person-respondent No.1.
2. These writ petitions are filed seeking issuance of writ in the nature of certiorari to quash the orders dated 27.1.20 I 0 passed by the Andhra Pradesh Administrative Tribunal in Rev. MA No.4241 of 2001 in OA No.5068 of 2005 and Rev. MA No.4252 of 2010 in OA No.4366 of 2005 declaring them as illegal, unconstitutional and in excess of jurisdiction.
3. The brief facts leading to filing of the writ petitions may be stated as follows:
Dr. B. Srinivasa Murthy, the first respondent was engaged by the 4th petitioner-The Principal, Government Junior College, Rayachoty, Kadapa District on 19.7.1997 part-time Lecturer in ML T (vocational) Course on payment of remuneration of hourly basis. According to the petitioners, the said engagement is contrary to the provisions of the Act 2 of 1994 and according to which no. parttime arrangement is to be made with effect from 25.11.1993 and thus, 4th petitioner was working from 19.7.1997 is contrary to the rules. Therefore, the 4th petitioner asked the first respondent to submit his willingness for conversion of his post to that of a contract Lecturer. The first respondent refused to give any such willingness and inconsequence thereof, the 4th petitioner dispensed with his services and issued notification on 12.8.2005 to fill up the contract Junior Lecturers including the vacancy of the first respondent. Feeling aggrieved, the first respondent filed OA No.4366 of 2005 before the Andhra Pradesh Administrative Tribunal, Hyderabad and the learned Tribunal on an application made by the first respondent passed interim direction directing the petitioners not to fill up the post of Medical Lab Technician on contract basis in the 4th petitioner's college, pending disposal of the O.A. The first respondent also filed another OA No.5068 of 2005 seeking a direction to the 4th petitioner allowing the first respondent to discharge his duties as part-time Junior Lecturer ML T (vocational) Course. In the said O.A on the application made by the first respondent, the learned Tribunal passed interim orders on 24.11.2005 directing the 4th petitioner to allow the first respondent to take up the classes pending disposal of the O.A.
4. Subsequently, the learned Andhra Pradesh Administrative Tribunal disposed of the OA No.4366 of 2005 by its order dated 18.8.2009 which is as follows:
"In the light of the above circumstances, the applicant is not entitled for the relief as prayed for and if he so desires, he may make an application for appointment as contract Lecturer and the respondents in the event of such application of the applicant, may consider the case of the applicant for taking him as contract Lecturer. The O.A. is accordingly disposed of."
5. Insofar as OA No.5068 of 2005 is concerned, the learned Tribunal felt that in view of the above stated order, no relief could be granted to the first respondent in the present O.A. and accordingly dismissed the same. Pursuant to the said orders, the 4th petitioner dispensed with the services of the first respondent. .
6. Aggrieved by the orders of the Andhra Pradesh Administrative Tribunal, the first respondent filed Writ Petition No.26438 of 2009 before this Court seeking issuance of writ of certiorari to quash the orders in OA No.5068 of 2005 dated 18.8.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad being arbitrary, illegal and contrary to G.O. Ms. No.101, Higher Education (IE. 1) Department, dated 29.7.2006. This Court dismissed the said writ petition considering the fact that the first respondent never opted to get converted himself into the post of part-time Lecturer on contract basis and therefore, the 4th petitioner held justified in ignoring his claim and filling up the said post on contract basis in terms of the policy of the Government. Thus, this Court declined to interfere with the order passed' by
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