The court established the principle that respondent authorities must consider the petitioner for admission into available aided vacancy or in a converted aided post, as directed by the High Court, and that the impugned orders were unjust and illegal.

ORDER :

1. The petitioner prays for a writ of mandamus declaring the proceedings in R.C.No. 2481/AdminIV-1/96/2 dated 23.03.2004, 14.02.2005 & 28.09.2006 issued by 2nd respondent is arbitrary and illegal and contrary to the order dated 02.01.2004 in Rev.W.A.M.P.No. 3654/2003 in W.A.No. 1564/2003 passed by the Division Bench of the High Court of A.P. and consequently direct respondents to adjust/absorb/reinstate petitioner into service w.e.f. 06.04.2004 against the aided vacancy post in the Department of Physics occurred due to the retirement of Sri S.Chandra Reddy on 31.07.2001, duly granting the petitioner continuity of service from the initial date of absorption/adjustment against aided vacancy on 10.04.1997 along with consequential attendant benefits including monetary benefits and to pass such other order.

2. The petitioner’s case succintly is thus:

(a) The petitioner was initially appointed as Part-time Lecturer in the Department of Physics in the 3rd respondent college on 24.09.1985 and worked as such till 21.12.1994. While so, the petitioner was selected by a duly constituted Selection Committee under G.O.Ms.No. 119, Education dated 20.03.1991, and G.O.Ms.No. 12, Education dated 10.01.1992 and was appointed as Lecturer in the Department of physics in an unaided post w.e.f. 22.12.1994.

(b) The petitioner filed W.P.No. 21610/1996 questioning the action of respondents 1 and 2 in not admitting the new section of Intermediate with MPC combination into grant-in-aid which was started during the Academic Year 1984-85, while admitting such new sections into grant-in-aid in all other institutions in the State as arbitrary and discriminatory and for a consequential direction to respondents 1 and 2 to admit the post of Lecturer in physics to grantin- aid or in the alternative to direct the respondents 1 and 2 to grant permission to 3rd respondent to adjust petitioner against the vacancy of aided lecturer in physics.

(c) In W.P.M.P.No. 26690/1996 in W.P.No. 21610/1996, the High Court was pleased to direct respondents 1 and 2 to consider the case of the petitioner for admitting into grant-in-aid post of Lecturer in the Department of Physics in 3rd respondent college within a period of four weeks. Pursuant to the said order, the petitioner submitted a representation to respondents 1 and 2 and considering the same, the 2nd respondent issued proceedings in Rc.No. 2536/PCII- 1-96 dated 10.04.1997 permitting the petitioner to work as Lecturer in the Department of Physics in the vacant aided post occurred due to resignation of one P.Mohan Rao, Lecturer in physics subject to the outcome of W.P.No. 23477/1996 filed by him. Accordingly, the petitioner continued as Lecturer in Physics in the aided vacancy and he was paid salary attached to said post.

(d) Sri P.Mohan Rao initially submitted his resignation on 26.07.1996 and later he withdrew his resignation on 08.08.1996, but in the meanwhile the governing body of 3rd respondent accepted his resignation vide ratification proceedings dt. 12.08.1996. Aggrieved, the said Mohan Rao filed WP.No. 23477/1996 wherein he impleaded petitioner as 7th respondent.

(e) Subsequently the High Court disposed of W.P.No. 21610/1996 filed by the petitioner, W.P.No. 23477/1996 filed by P.Mohan Rao and W.P.No. 19985/1996 filed by C.Chandra Reddy by a common order dated 24.10.2002 with certain directions i.e., the 3rd respondent management shall forward proposals for absorption of the petitioner in the aided post, if necessary by conversion of available aided vacancies and upon receiving the proposals from the management, the respondents 1 and 2 herein shall consider petitioner’s case for absorption in the available aided posts after conversion without effecting the continuity of petitioner’s service from the date of original regularization.

(f) Aggrieved by the said common order dated 24.10.2002, the respondents 1 and 2 filed W.A.Nos.1564, 1575 and 1576 of 2003 and a Division Bench of the High Court of A.P. in its order dat