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2024 Supreme(Telangana) 108

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.Madhavi Devi, J.
K.Srinivas - Appellant
Versus
Union of India - Respondent
W.P.No. 27532 of 2023
Decided On : 09-01-2024

Advocates appeared:
D Linga Rao, Advocate, for the Petitioner; Gadi Praveen Kumar Dy. Solicitor General of India, for the Respondent.

Headnote:

Mandamus - Regularization of Services - National Institute of Technology Service Rules - Sections 12 and 23 - Summary: The court discussed the irregular appointment of the petitioners and the legality of the cancellation of their appointments. It highlighted the principles of natural justice and the distinction between irregular and illegal appointments, ultimately allowing the writ petition.

Fact of the Case:

The petitioners sought a writ of mandamus to declare the cancellation of their appointments as Office Attendants/Lab Attendants as bad in law and to set aside the same. The petitioners had been working as daily rated employees and had made representations for regularization of their services.

Finding of the Court:

The court found that the petitioners' appointments were irregular, not illegal, and that the cancellation of their appointments without notice was illegal and against the principles of natural justice. The court also noted that the petitioners' services had been continued even after the conversion of the institute and that they had participated in the direct recruitment process.

Issues: The main issue was the legality of the cancellation of the petitioners' appointments and whether the principles of natural justice were violated.

Ratio Decidendi: The court held that the cancellation of the petitioners' appointments without notice was illegal and against the principles of natural justice. It also distinguished between irregular and illegal appointments, ultimately allowing the writ petition.

Final Decision: The writ petition was allowed, and the court held that the cancellation of the petitioners' appointments was illegal and could not be sustained.

ORDER

T.Madhavi Devi, J. - In this writ petition, the petitioners are seeking a writ of mandamus declaring the cancellation of the appointments of the petitioners as Office Attendants/Lab Attendants by the respondent No.4 vide individual proceedings dated 26.09.2023, as bad in law and consequently to set aside the same and to hold that the petitioners are entitled to be treated and continued as regular Office Attendants/Lab Attendants pursuant to the office orders issued on 20/21.06.2023 with all consequential benefits and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the respondent organization was initially known as Regional Engineering College and subsequently, in the year 2002-03 it has been converted into National Institute of Technology, Warangal. The petitioners are all working in the respondent's institute as daily rated employees from the past 15 to 30 years in different skilled and highly skilled jobs. The petitioners, who were engaged by the Regional Engineering College have been continued in the institute even after conversion as NIT on contract basis and the writ petitioners were making representations for regularization of their services.

3. It is submitted that when the respondents did not consider their requests for regularization of their services, the petitioners filed W.P.No.22427 of 2003 and 22846 of 2003 and this Court had disposed of the Writ Petitions by orders dated 04.10.2007 and 11.10.2007 directing the respondents to consider regularizing the services of the petitioners. It is submitted that when the directions of this Court were not complied with, the petitioners along with others, filed Contempt Case Nos.408 to 422 & 534 of 2009 and batch and this Court had disposed of the same vide order dated 04.04.2012 observing that the direction of the Court was subject to availability of sanctioned posts as well as permission of MHRD and since there were no sanctioned posts and also the permission of MHRD was not available, there was no willful disobedience on the part of the respondents.

4. Thereafter, the respondents issued Recruitment Advertisement No.1/2021, dated 16.08.2021, wherein the online applications were called for direct recruitment on regular basis/direct recruitment on contract basis and on deputation basis for 129 posts at different levels. Challenging the same, the writ petitioners, along with others filed W.P.No.31379/2021 for regularization of their services in the said vacancies and to set aside the Recruitment Advertisement No.1/2021, dated 16.08.2021. This Court, vide orders dated 03.12.2021, has disposed of the writ petition permitting the petitioners herein, to submit their applications and also permitting them to participate in the recruitment process, however, the petitioners could not succeed in the said recruitment process.

5. Thereafter, on 22.09.2022 in its 58th meeting held by circulation of agenda vide Agenda Item No.58.2-'recruitment of non-faculty personnel against vacancies', the Board of Governors resolved to approve the proposal of the institute for releasing the advertisement for 7 officers (including the anticipated vacancy of Registrar) and 22 other non-teaching posts for direct recruitment. The Board has also approved the proposal for filling up the 25 posts of Office Attendants/Lab Assistants by internal circulation amongst the daily wage workers subject to the condition that they meet the eligibility criteria as per Recruitment Rules-2019 and by giving relaxation in age only, as approved by Board of Governors in its 48th meeting held on 13.06.2019 as a onetime measure. It is submitted that in its 59th meeting held on 24.02.2023, the Board of Governors confirmed the said decision in the action taken report on the decisions of Board of Governors, and pursuant to the same, institute has issued vacancies Circular No.1/2023, dated 07.02.2023 inviting applications from amongst the eligib

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