The main legal point established in the judgment is the entitlement of employees to regularization and absorption in sanctioned posts after working for more than ten years without the benefit or protection of any interim orders of courts or tribunals, as per the Uma Devi Judgment and Act 2 of 1994.

ORDER :

The petitioners in writ petitions are aggrieved by the in-action of the respondents in absorbing the petitioners in the sanctioned post included in the grant-in-aid posts in the 4th respondent college.

2. This is the second round of litigation for the petitioners in the writ petitions. WP.No.1111 of 2008 was filed by the petitioners and this Court vide interim order dated 25.01.2008 directed the respondents 1 to 3 therein to consider the recommendations made by the 4th respondent regarding the absorption of petitioners against aided vacant posts as per letters dated 21.01.2008, 29.10.2002, 21.11.2002 and 20.09.2004 and to pass appropriate orders within a period of four weeks from the date of receipt of the same.

3. The 2nd respondent vide order dated 20.09.2008 rejected the case of the petitioners for regularization, as such the said proceedings are under challenge in WP.No.16405 of 2008. If the proceedings dated 29.02.2008 are considered on merits the lis in both the writ petitions would be covered.

4. The petitioners were appointed in the 4th respondent/college in various cadres from Attender to Record Assistant. Some of the petitioners were appointed as Junior Assistants. The appointment of the petitioners in the 4th respondent/college is between 01.02.1989 to 12.08.1996. The appointment of the petitioners in the 4th respondent/college is not in dispute at all. The petitioners were selected and appointed in vacant sanctioned posts, but were paid only consolidated pay.

5. The petitioners were not paid regular salaries as the respondents 1 to 3 have not passed formal orders of absorption in the vacant sanctioned posts. It is the case of the petitioners that respondents 1 to 3 have not passed the necessary orders with respect to absorption of the petitioners in the sanctioned aided posts. The petitioners would not be paid regular pay scales. All the petitioners in both the writ petitions were appointed in existing sanctioned posts which were approved by the state and grant-in-aid was also sanctioned.

6. The 4th respondent/college has submitted proposals on 21.09.2002, 29.10.2002, 22.1.2002 and 20.09.2004. In spite of the communication from the 4th respondent the respondents 1 to 3 have denied passing the necessary orders and the same is illegal, irrational and arbitrary. It is not in dispute that the petitioners were selected in pursuance of a notification and a selection committee was constituted which had called for applications from eligible candidates and only those who possess the requisite qualifications were called for interview. The petitioners were appointed after the due process for selection was followed and appointed as Non-Teaching Staff.

7. The learned Government Pleader submits that the proceedings dated 29.02.2008 have been issued duly considering the period of service of the petitioners and also submits that the Government has in supersession of all previous orders on the subject including GOMs.No.193, dated 14.03.1990 and after considering the Judgment of the Hon’ble Supreme Court in Civil Appeal No.2979 of 1992 and batch the Government has considered the cases of those persons who worked continuously for a minimum period of five years and are continuing as on 25.11.1993 were regularized.

8. All the petitioners except one Abdul Karim Basha were found ineligible for regularization in terms of GOMs.No.212, dated 22.04.1994.

9. The learned counsel for the petitioners has placed reliance on the order passed by the Division Bench of State of Telangana in WP.Nos.7098, 7125 and 7768 of 2020, dated 08.09.2020. Wherein, the High Court of Telangana dealt with similar issues in those writ petitions. The case of the petitioners therein is similar to the case of the petitioners in the above writ petition. The GOMs.No.212, dated 22.04.1994 was also considered by the High Court of Telangana and relying on the order passed by the Hon’ble Supreme Court in Secretary, Government of Karnataka Vs. Uma Devi, 2006 (4) SCC 1. A. Manj