The main legal point established in the judgment is the entitlement to regularisation under G.O.Ms.No.212, dated 22.04.1994, and the applicability of this provision to the petitioner's case.

ORDER :

The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“... to issue an appropriate writ, order or direction more particularly in the nature of “WRIT OF MANDAMUS” declaring the action of the Respondent Nos.2 and 3 in not regularizing the services of the petitioner as Record Assistant in the college of the third respondent as illegal and arbitrary and contrary to the letter and spirit of G.O.Ms.No.212 (Finance & Planning) department dated 22.04.1994, and consequently direct the respondent Nos.2 and 3 to regularize the services of the petitioner as Record Assistant in the college of the third respondent ever since his date of appointment and pass such other order or orders…”

2. The case of the petitioner is that he was engaged as Laboratory Record Assistant on temporary basis by the Management of Respondent No.3 on consolidated pay w.e.f 23.04.1985. The bone of contention of the petitioner is that the Government of Andhra Pradesh issued G.O.Ms.No.212 (Finance & Planning) Department, dated 22.04.1994 and formed a policy that for regularisation and absorption of employees who were appointed as daily wage/NMRs/ temporary in nature and such persons who worked continuously for a minimum period of five years and are continuing as on 25.11.1993 subject to certain conditions. The writ petitioner filed the present writ petition to declare the action of Respondent Nos.2 and 3 in not regularising his services as Record Assistant in Respondent No.3 College is illegal and arbitrary and direct the Respondent Nos.2 and 3 to regularize the services of the petitioner as Record Assistant in the College of Respondent No.3 from the date of his appointment.

3. Respondent No.2 Commissioner of Intermediate Education filed Counter Affidavit wherein he submitted that the petitioner had been engaged on temporary basis in the Respondent No.3 college on consolidated pay without obtaining prior permission and without following due procedure of selection. He was engaged purely on consolidated pay by the management and without any prior permission of the Competent Authority. Thus, the individual was engaged on temporary basis in contravention of the Rules stipulated under G.O.Ms.No.1119, Education (J) Department, dated 18.12.1976 and his remuneration is being paid out of the management funds but not from the consolidated funds of the Government. Moreover, the petitioner’s appointment to the post of Record Assistant is not against any sanctioned post.

4. Learned Government Pleader for Higher Education further submits that the petitioner herein approached this Court after delay of several years for regularisation of his services is liable for rejection on the ground of delay and latches. He further submits that in view of the G.O.Ms.No.52 dated 06.04.2021 issued by the Higher Education under which a Committee was constituted to consider the similar cases at grant-in-aid institutions. But the committee submitted its report stating that there is no necessity to extend grant-in-aid any further to Private Educational institutions in the State and accordingly in view of that report the petitioner is not entitled for absorption under the scheme of regularisation under G.O.Ms.No.212 dated 22.04.1994.

5. He further submits that the petitioner does not fall under the ambit of G.O.Ms.No.212 (Finance & Planning) Department, dated 22.04.1994, since he had been engaged by the management on temporary basis. It is also submits that unless the appointment is made in accordance with the provisions of G.O.Ms.No.1119 Education (J) Department, dated 18.12.1996, scrupulously under the intimation and approvals of the competent authorities, the Government scale/Aided cannot be granted to the college management on engagement on temporary basis.

6. It is also submitted that the Respondent No.3 had surrendered the sanctioned aided posts along with the aided staff to the Government and at present there are no vacancies available