Long-term temporary employees, transferred to a new university, have a valid claim for regularization due to lack of illegal engagement and existing vacancies.

JUDGMENT /ORDER :

Heard the learned Counsel for the petitioners and the learned Assistant Government Pleader attached to the office of the Additional Advocate General appearing for the first respondent.

2. The grievance of the petitioners is that they have been engaged during the years 1991-2005 at Sri Venkateswara University P.G. Center, Kadapa, on temporary basis. After the establishment of Yogi Vemana University, Kadapa, the teaching and non-teaching staff who were working in the S.V. University, P.G. Centre, Kadapa, were transferred to the second respondent, Yogi Vemana University. Later, the petitioners sought regularization of their services. The Vice-Chancellor of the second respondent, Yogi Vemana University, issued proceedings dated 12.10.2012, regularizing the services of the petitioners, as they were stated to be working in the existing posts and also in the sanctioned vacancies. Thereafter, the second respondent, vide proceedings dated 07.02.2013, kept the regularization proceedings dated 12.10.2012 in abeyance on account of the decision taken by the executive committee of the second respondent in its meeting held on 21.01.2013. Aggrieved by the same, the present writ petition is filed.

3. It is submitted that the decision relating to the regularization of the services of the petitioners was pending consideration with the first respondent from the year 2013. The first respondent issued proceedings dated 16.04.2021 rejecting the claim of the petitioners for regularization. The said proceedings are also challenged in the present writ petition by amendment of the prayer.

4. The learned Counsel for the petitioners submits that all the petitioners are still working in the second respondent-Yogi Vemana University and they are drawing the time scale. The petitioners are also granted D.A. and H.R.A. as well. The petitioners are not drawing any increments, as the same would be paid to regular employees. The learned Counsel for the petitioners submits that the petitioners are entitled for regularization as no separate recruitment was notified after formation of the second respondent-Yogi Vemana University.

5. The learned Government Pleader submits that the Government, after careful consideration of the case of the petitioners, has passed a speaking order dated 16.04.2021 whereby it is stated that only two employees fulfilled the eligibility criteria as per G.O. Ms. No.212, dated 22.04.1994, with regard to the completion of five years of service as on 25.11.1993. The learned Government Pleader placed reliance on Section 49 of the A.P. University Act that in all financial matters, the Government has the final say. It is also submitted that the regularization of these petitioners would be contrary to the ratio laid down by the Hon'ble Supreme Court of India in the State of Karnataka v. Umadevi , AIR 2006 SC 1806 . It is also submitted that the services of the petitioners were also engaged illegally and that they would not be entitled for regularization.

Consideration of the Court :

6. As enumerated in the communication of the second respondent dated 30.01.2013, the total number of 31 vacant posts are said to have been transferred from Sri Venkateswara University to Yogi Vemana University. After 30.01.2013, the second respondent has not issued any notification for filling up the posts and all the petitioners are discharging their duties by accepting the time scale in the vacancy, which is already existing and transferred from Sri Venkateswara University P.G. Centre, Kadapa. In these facts and circumstances, the engagement of the petitioners cannot be termed as illegal. Their services are transferred from Sri Venkateswara P.G. Centre