Long-serving employees in essential roles are entitled to regularization, emphasizing fair employment practices and adherence to legal principles.

ORDER :

SUREPALLI NANDA, J.

Heard Sri Sai Prasen Gundavaram, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos.1 and 2 and Sri Malipeddi Srinivas Reddy learned Standing Counsel for Osmania University.

2. The petitioners initially approached the Court seeking prayer as under:

“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ:

(i) Declare that the Petitioners are entitled for regularization as per Section 10 A of Act 1994 and G.O. Ms. No. 16, Finance (HRM.I) Department, dated 26-2-2016 and Judgment of the Hon'ble Supreme Court in Umadevi Vs. State of Karnataka (2006 (4) SCC 1) in terms of the proposal sent by the 2nd and 3rd Respondent dated: 06.08.2019 and 28.05.2019 respectively;

(ii) Declare the letter No. 3749/UE/A1/2017, dated 2- 11-2022 issued by the 1^st Respondent as illegal, arbitrary and beyond the scope of the Writ Petition and consequently set aside the same;"

(iii) Declare that the proceedings of the 1^st Respondent dated: 19.11.2019 and consequential proceedings dated: 27.02.2020 as illegal, arbitrary and consequently set aside the same;

(iv) Direct the Respondents for regularization / absorption of the services of the Petitioners in the cadre of Asst. Professors as per G.O. Ms. No. 16, Finance (HRM.I) Department, dated 26-2-2016 and Judgment of the Hon'ble Supreme Court in Umadevi Vs. State of Karnataka (2006 (4) SCC 1) in terms of the proposal sent by the 2nd and 3rd Respondent, and

(v) pass such order or other orders as this Hon'ble Court may deem fit and proper in the interest of justice."

3. Learned counsel appearing on behalf of the petitioners submits that the petitioners are not insisting for the prayer as sought for in so far as regularization of the petitioners is concerned as per Section 10(A) of Act, 1994 and G.O.Ms.No.16 Finance (HRM.I ) Department dated 26.02.2016 and confines the case of the petitioners and also the relief prayed for in the present Writ Petition to the extent of consideration of petitioners’ case in accordance to law as per the proposals sent by the respondent Nos.2 and 3 dated 06.08.2019 and 28.05.2019 respectively.

4. The case of the petitioners in brief as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition is as under:

The petitioners are part time lecturers in the cadre of Assistant Professors working in the 3^rd respondent University and its constituent colleges since the year 1995. The petitioners possess the requisite qualifications as per the UGC regulations for the post of Assistant Professors and had been selected and appointed by the Selection Committee as part Time Lecturers in the year 1995 and since then petitioners are continuing in service till as on date. Most of the petitioners are above 55 years age and though they had been working in the sanctioned posts their cases had not been considered for regularization as on date.

It is further the case of the petitioners that in spite of the specific proposals sent in favour of the petitioners by the 2^nd & 3^rd respondents, dated 06.08.2019 and 28.05.2019 to the respondent No.1 their cases for regularization had not been considered as on date. Aggrieved by the same, petitioners filed the present Writ Petition.

PERUSED THE RECORD:

5. The relevant portion of the proposals dated 06.08.2019 of the respondent No.2 to respondent No.1 is extracted hereunder:

“In this connection, I submit that the 12 Assistant Professors (Contract) working in Osmania University have fulfilled the service conditions of Osmania University for regularization of their services and also conditions laid down in G.O.Ms.No.16 Finance Dept. 20.6.2016. Further, as the above Contract Faculty were appointed prior to 10.4.1996 and put in 10 years of service as on 10.4.2006, they will not come within the purview of the interim orders of t