Point of law : The one-time exercise should consider all daily-wage/ad-hoc/casual employees who had put in 10 years of continuous service as on 10-4-2006 without availing the protection of any interim orders of courts or tribunals”.

JUDGMENT :

(Per Ninala Jayasurya, J)

Assailing the order dated 05.03.2020 passed by the learned Single Judge in W.P.No.4703 of 2016 directing the respondent-State to regularize the services of the writ petitioner, the present appeal came to be filed.

2. The petitioner, a Diploma Holder in Electrical and Electronics Engineering, was appointed as Part-Time Junior Lecturer in Vocational Course i.e., Electrical Domestic Appliances and Re-winding (EDAR) in the 3rd respondent-College on 31.07.1993. The said course was sanctioned to the College along with another course i.e., Radio and T.V. under the Centrally Sponsored Scheme of Vocationalization of Secondary Education. The Director of Intermediate Education, Hyderabad, vide proceedings in Rc.No.977/VC 1-4/90 dated 10.09.1990 sanctioned one post each for Full-Time Lecturer, Part-Time Lecturer and Lab Attender for the two courses. The petitioner’s appointment was made against the sanctioned post of Part-Time Lecturer in the 3rd respondent-College, which is a Private Aided Institution.

i) The petitioner filed W.P.No.18614 of 2010 seeking minimum scale of pay, and by an order dated 02.08.2010, an interim direction was granted to consider the case of the petitioner for grant of minimum scale of pay. As the said order was not complied with, the petitioner filed C.C.No.760 of 2011 and thereafter, the Commissioner of Intermediate Education vide proceedings dated 24.08.2011 rejected the petitioner’s case for extending the minimum scale of pay, on the ground that the benefit of minimum scale of pay was for the Lecturers working in the Government Junior Colleges and not for those working in the Private Aided Junior Colleges.

ii) Challenging the said proceedings dated 24.08.2011, the petitioner filed W.P.No.18539 of 2013 seeking to declare the rejection for extending the minimum scale of pay and not considering his case in terms of G.O.Ms.No.362, Education (CE.III-1), dated 07.10.1994, as illegal and arbitrary. Pending consideration of the said writ petition, the petitioner filed W.P.M.P.No.22649 of 2013 seeking for an interim direction to the respondents therein to consider his case for extending the minimum scale of pay, as per G.O.Ms.No.362, Education (CE.III-1), dated 07.10.1994, and a direction dated 12.07.2013 was accordingly granted as prayed for by the petitioner. As the said orders were not considered by the respondents therein, the petitioner filed C.C.No.1927 of 2013. Thereafter, vide Memo No.14371/1E/A2/2014 dated 28.04.2015, the request of the petitioner for granting minimum time scale was rejected.

iii) Challenging the rejection order dated 28.04.2015 and seeking regularization of services from the date of his appointment and other reliefs, the petitioner filed writ petition being W.P.No.4703 of 2016. In the affidavit filed in support of the writ petition, while referring to the judgment of the Hon’ble Supreme Court in the State of Karnataka Vs. M.L. Kesari, reported in (2010) 9 SCC 247, it was pleaded that the petitioner is also entitled for regularization of services in terms of the above said judgment, since he was appointed as Part-Time Lecturer temporarily, which cannot be considered to be illegal and as he was being continued in a sanctioned post continuously for a period more than ten years. It was also stated that the candidates, who are appointed in the same College, were regularized vide proceedings in Rc.2327/JC5-1/95 dated 13.04.1998.

3. A counter-affidavit was filed by the 2nd respondent on behalf of respondent Nos.1 and 2 inter alia stating that the petitioner was appointed as Part-Time Junior Lecturer in

E.W. & S.E.A. (Vocational) on 31.07.1993 by the Management of the 3rd respondent-College without any prior permission from the Competent Authority. Referring to the earlier writ petitions filed by the petitioner, the orders passed therein and the consequential orders passed by the authorities, it was stated that pursuant to the interim orders dated 12.07.2013 in W.P.No.1