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2023 Supreme(AP) 407

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI, J.
Dasari Umadevi, D/o. Anjaneyulu and Others. - Petitioners
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department and Others. – Respondents
Writ Petition No.25519 of 2021
Decided On : 16-03-2023

Advocates Appeared:
For the Petitioners: Sri Y. Koteswara Rao.

Headnote:

Constitution of India, 1950 - Article 226 - Seeking regularization of services with effect from their respective dates of their appointments, to recognize seniority, to pay time scale salary and to pay interim relief at rate of 27 percent to petitioners on par with regular lecturers, to provide all service facilities and monetary benefits etc - Held, appointing authority of Junior Lecturers is by Regional Joint Director of Intermediate Education through APPSC- In case of regular selection government must identify vacancy, apply rule of reservation etc. All these aspects are conspicuously silent in the writ petition. Writ Proceedings Rules, 1977 specially Rules 5 and 6 prescribes the procedure to furnish necessary particulars- Writ petition dismissed.

ORDER :

1. Petitioners, 115 in number, filed the above writ petition under Article 226 of the Constitution of India for issuance of Writ of Mandamus, seeking regularization of their services with effect from their respective dates of their appointments, to recognize the seniority, to pay time scale salary and to pay interim relief at the rate of 27 percent to the petitioners on par with the regular lecturers, to provide all the service facilities and monetary benefits etc.

2. 1st petitioner deposed to the affidavit on her behalf and on behalf of other petitioners. In the writ affidavit, it was contended inter alia that petitioners have been working as lecturers in various Government Junior Colleges in different Districts of Andhra Pradesh for more than ten years rising up to twenty years. Respective College committees appointed petitioners as Junior Lecturers on contract basis. The committees by applying pressure and coercion obtained signatures on prepared bonds. Petitioners were constrained to sign on the said bonds as they were in dire need of employment for their sustenance. Initially petitioners were paid Rs.5,000/- in rural areas and Rs.4,000/- urban areas towards their monthly salary. Said remuneration was being increased from time to time and monthly salary of Rs.31,100/- is being paid to the petitioners from the year, 2019. Contractual appointments were made till 2011 and subsequently, it was stopped. There was revision of pay scales of Junior Lecturers in the year, 2015 and several benefits of revision were not extended to the petitioners.

3. Vacant posts exist in all colleges where petitioners have been working. Since petitioners were not regularized, the present writ petition is filed.

4. Counter affidavit was filed by respondent No.3 on behalf of all the respondents. It was contended inter alia that a ban was imposed on part-time engagements after enactment of Act 02 of 1994. As a stop gap arrangement, Government took a policy decision to engage faculty on contract basis on need basis vide G.O.Rt.No.143, Higher Education (IE.2) Department, dated 09.10.2000 with an honorarium of Rs.4,000/- per month and additional honorarium of Rs.1,000/- per month in case of faculty appointed in Government Junior Colleges located in Tribal and Rural areas. As per Government Order, contract engagement was made for a maximum period of ten months in an academic year. The College Development Committee concerned would engage faculty basing on recommendations of three man committee consisting of 1) Principal of the Government Junior College concerned, 2) Subject expert either from the same Government Junior College or an adjacent Junior College and 3) Principal of another Junior College.

5. Qualification prescribed for the posts of Junior Lecturers in General stream is second class with not less than 50% of marks in Post Graduation in relevant subject/language. Remuneration is being enhanced from time to time. As per G.O.Ms.No.12 Finance (HR.I-Plg) Department dated 25.07.2019 ordered for payment of remuneration to the Contract Junior Lecturers for a period of twelve months with a break of ten days. Government, vide G.O.Ms.No.5, dated 17.01.2022, extended minimum time scale in Revised Pay Scales, 2022 w.e.f. 01.01.2022. Minimum time scale in revision pay scale, 2022 is being extended to contract employees engaged in Government Departments, Universities, Societies, KGBV and Model Schools. Thus, all the contract faculty are being paid Rs.57,100/- per month, which is minimum time scale to the post of Junior Lecturer.

6. Contract faculty is being engaged on contract basis only after executing contractual agreement bond with College Development Committee.

7. Contract faculty are availing all the benefits for which they are eligible as per contractual agreement and, also Government accorded permission to allow one day casual leave per month of actual contractual service on full remuneration with facility of accumulating and availing maximum of

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