Chukka Sarath Babu vs State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(AP) 1481

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
NINALA JAYASURYA, J.
Chukka Sarath Babu – Appellant
Versus
The State of Andhra Pradesh and others – Respondents
Writ Petition Nos.12453 of 2010 and 20604 of 2020
Decided on : 04-02-2022

Advocates:
Advocate Appeared:
For the Appellant : Mr.Jada Sravan Kumar
For the Respondents: Government Pleader for Services-III & Smt.V.Hima Bindu

Headnote:(A) Constitution of India - Articles 16, 19, 21, 300-A - Writ of mandamus - Petitioner sought continuation as Assistant Librarian following alleged unlawful termination and failure to consider his representation - Interim orders were previously granted to continue services until further orders - Court found no illegality in cessation of services due to lack of extension orders. (Paras 1, 2, 20)

(B) Public Employment - Right to Employment - Temporary appointments and contractual service rights need to be established - Petitioner was appointed on an outsourcing basis, and termination upheld as lawful due to applicable government protocols and absence of legal grounds for continuation - No entitlement established for resuming duties. (Paras 11, 18)

Facts of the case:
The petitioner challenged the proceedings terminating his service as Assistant Librarian and sought restoration of his position. He claimed malafide intentions by the college principal in discontinuing his services.

Findings of Court:
Termination based on law was upheld, no legal entitlements for resumption of services were found, and previous interim orders were vacated.

Issues: Whether termination was illegal and the entitlement to continue in the role of Assistant Librarian.

Ratio Decidendi: The court concluded the petitioner lacked standing since he was an outsourcing appointment and administrative decisions were not tainted with malafide intentions.

Result: Petitions dismissed.

Table of Content
1. petitioner's claims for continued employment. (Para 1 , 2 , 10)
2. details of appointment and contract terms. (Para 5 , 6 , 7)
3. petitioner's arguments and claims. (Para 9 , 11)
4. court's analysis of claims and conduct. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
5. court's final order on petitions. (Para 19 , 20 , 21)

ORDER :

1. These two Writ Petitions were filed by one Mr.Ch.Sarath Babu with regard to the post of Assistant Librarian in Government Dental College & Hospital, Vijayawada.

W.P.No.12453 of 2010 was filed with the following prayer:-

“…..to issue a writ order or direction more particularly one in the nature of the writ of mandamus declaring the action of the 3rd respondent in issuing Proceedings in RC.No.GDCH/E1/2010 dated 31.05.2010 as illegal, arbitrary and violative of principles of natural justice and also suffers from malafides and consequently direction the respondents to continue the petitioner as Assistant Librarian in Government Dental College and Hospital, Vijayawada on contract basis with all consequential and incidental benefits attached to the said post, and pass such other order….”

An interim order was granted on 03.06.2010 suspending the Proceedings dated 31.05.2010 issued by the Principal, Government Dental College & Hospital, Vijayawada (hereinafter referred to as, the College), the 3rd respondent, in the above said Writ Petition. The said interim orders were subsequently extended until further orders on 30.06.2010.

2. While the said Writ Petition was pending, Mr.Ch.Sarath Babu filed the second Writ Petition i.e., W.P.No.20604 of 2020 seeking the following relief:-

“….. to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.3 in failing to initiate any action on the representation of the petitioner dated 05.06.2020 for continuation of his service as Assistant Librarian in 3rd Respondent’s office in spite of the Proc.No.Rc.No.14849/E4=B/2015, dated 24.06.2019 and Memo of 1st Respondent bearing No.1046872/A2/2019-1, dated 17.12.2019 of 1st and 2nd respondent as illegal, arbitrary, unconstitutional and against the violating of Articles 16, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.3 to consider the representation of the petitioner dated 05.06.2020 in the light of the orders of this Hon’ble Court passed in Writ Petition No.12453 of 2020 dated 13.06.2020 (Sic.Writ Petition No.12453 of 2010 dated 13.06.2010) for continuation of his services as Assistant Librarian in the 3rd Respondent college and to pass such other order or orders….”

At the time of admission, the following interim order was passed on 11.11.2020.

Though learned Government Pleader for Services-III referred to contractual nature of appointment of petitioner, in the light of the earlier order of the erstwhile High Court of Andhra Pradesh at Hyderabad referred to above, the respondents cannot interfere with the service and necessarily, it shall continue.

In the backdrop of the circumstances, the petitioner is directed to be continued as Assistant Librarian-3rd respondent college on contract basis subject to payment of salary, until further orders.”

3. One Mr.G.V.Chowdary claiming to be a proper and necessary party to W.P.No.20604 of 2020 filed a petition to implead him as respondent No.4, which was ordered by a separate order. As both the Writ Petitions relate to the claim of petitioner to the post of Assistant Librarian, they are taken up together and disposed of by this Common Order.

4. Heard Mr.Jada Sravan Kumar, learned counsel for the pet