IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M.SATYANARAYANA MURTHY, J.
P. Devakanth - Appellant
Versus
The State of A.P. - Respondent
Writ Petition Nos.467 and 14658 of 2020
Decided on : 15-02-2021
Constitution of India, 1950 – Articles 14, 16 and 21 – TTD Employees Service Rules, 1989 – Promotion – Relief claimed in both the writ petitions is as to issue Writ of Mandamus declaring the impugned G.O.Rt.No.1411 Revenue (Endts.III) Department of the 1st Respondent as arbitrary, illegal, discriminatory, void and without jurisdiction and contrary to TTD Employees Service Rules, 1989 issued in G.O.Ms.No.1060 Revenue (Endowment-I) Department and set-aside the same and also declare the action of the respondents in not absorbing or not regularizing the services of the petitioners as Librarian in the existing vacancies under the jurisdiction of the 2nd respondent as arbitrary, illegal, discriminatory and unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and issue consequential directions directing the respondents to forthwith absorb/regularize the services of the petitioners as Librarians in the existing vacancies before filling up the existing post of Librarians either by way of direct recruitment or by way of promotion or any other method and further direct the respondents to continue the petitioners as Librarians under the jurisdiction of the 2nd respondent till regularizing/absorbing their services of the petitioners as Librarians and also restrain the respondents from implementing G.O.Rt.No.1411 Revenue (Endts.III) Department dated 28.11.2019, insofar as it relates to the extent of 5 posts of Librarian which are being held by the petitioners.
Finding of court: It is difficult to accept the request of these petitioners to regularize/absorb their services in the educational institutions under the control of TTD with retrospective effect from the date of their initial appointments, for the simple reason that, the petitioners were selected based on a notification issued by the second respondent, which is purely on contract basis for a period of ten months. – Working for ten months in the educational institution of TTD with an intermittent gap of two months, though contract period was extended for different periods, that would not confer any right, since TTD Service Rules does not permit such employment on contract basis. – Even as on date, the contract period was not extended. – On this ground alone, the petitioners are disentitled to claim the relief in these petitions. Hence, the point is answered in favour of the respondents and against the petitioners.
Result: Writ Petitions Allowed-In-Part
ORDER:
The relief claimed in both the writ petitions is as follows:
To issue Writ of Mandamus declaring the impugned G.O.Rt.No.1411 Revenue (Endts.III) Department dated 28.11.2019 of the 1st Respondent as arbitrary, illegal, discriminatory, void and without jurisdiction and contrary to TTD Employees Service Rules, 1989 issued in G.O.Ms.No.1060 Revenue (Endowment-I) Department dated 24.10.1989 and set-aside the same and also declare the action of the respondents in not absorbing or not regularizing the services of the petitioners as Librarian in the existing vacancies under the jurisdiction of the 2nd respondent as arbitrary, illegal, discriminatory and unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and issue consequential directions directing the respondents to forthwith absorb/regularize the services of the petitioners as Librarians in the existing vacancies before filling up the existing post of Librarians either by way of direct recruitment or by way of promotion or any other method and further direct the respondents to continue the petitioners as Librarians under the jurisdiction of the 2nd respondent till regularizing/absorbing their services of the petitioners as Librarians and also restrain the respondents from implementing G.O.Rt.No.1411 Revenue (Endts.III) Department dated 28.11.2019, insofar as it relates to the extent of 5 posts of Librarian which are being held by the petitioners.”
W.P.No.14658 of 2020
To issue writ of Mandamus declaring the impugned G.O.Rt.No.1411 Revenue (Endts.III) Department dated 28.11.2019 of the 1st respondent and the consequential proceedings in ROC No.TTD-80021(31)49/2018-DEO-SEC-TTD dated 26.07.2020 issued by the 3rd respondent to the extent of appointing the 6th respondent as Librarian in place of the petitioner in the 5th respondent college as illegal, arbitrary, violative of principles of natural justice, contrary to the service rules of the T.T.D and also Articles 14 & 16 of the Constitution of India, consequently set-aside the impugned G.O.Rt.No.1411 Revenue (Endts.III) Department dated 28.11.2019 of the 1st respondent and the consequential proceedings of the 3rd respondent dated 26.07.2020 to the extent of the petitioner and further direct the respondents to continue the petitioner as Lecturer in Library Science in the 5th respondent college.”
2. As the relief claimed in both the writ petitions is one and the same, I find it expedient to decide both the petitions by common order.
3. For the sake of convenience, the petitioners in both the writ petitions will be referred as petitioners and the respondents will be referred as arrayed in W.P.No.467 of 2020.
4. The factual matrix of both the cases is that, the second respondent/Executive Officer, Tirumala Tirupati Devasthanams, Tiurpati, issued paper publication on 09.7.2007 notifying certain vacancies, including Librarian to be filled up from the eligible and qualified candidates for the post of ‘Lecturers’ on ‘contract basis’ for the academic year 2007-2008. The petitioners being qualified persons, applied for the post of Librarian. In the said notification, it is specifically stated that one vacancy to the post of Librarian is existing. The petitioners having possessed requisite qualification were called for interview and they were selected as Librarians on contract basis on consolidated amount of Rs.6,000/-per month, fixing specific period of appointment. The petitioners were appointed in the clear vacancy of Librarian, which is a sanctioned post, and the petitioners are discharging their duties as Librarians to the utmost satisfaction of his superiors. In view of requirement of their services in the Educational Institutions of Tirumala Tirupati Devasthanams (for short ‘T.T.D’), the term of the petitioners is being extended from time to time.
5. While the things stood thus, the State Government issued orders vide G.O.Ms.No.12 Finance (HR.I-Plg.& Policy) Department dated 28.01.2019 (for sh
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