Temporary employees cannot be replaced by other temporary appointees; regularization must follow due process ensuring fairness and equality in employment.

ORDER

The writ petition is filed under Article 226 of Constitution of India , seeking the following main prayer:-

“……..declaring the Circular No.RU/ Teaching.Estt./Circular/2017 dated 18.05.2017 issued by the 1^stRespondent as arbitrary illegal malafide discriminatory and unconstitutional violating Article 14 , 16 and 21 of the Constitution of India and set aside the same in so far as the petitioner is concerned and issue consequential directions restraining the Respondents from replacing the Petitioner by any other contract lecturer in pursuance of the Circular No.RU/Teaching.Estt./ Circular/2017 dt. 18.05.2017 and issue further directions directing the Respondents to continue the Petitioner as contract lecturer till regularizing his service against regular post…….”

2. Heard Sri S.Karunakar, learned counsel representing the learned counsel for the petitioner, Smt. N. Vijaya Santhi learned Standing Counsel for the 1^st respondent University and learned Assistant Government Pleader for Higher Education.

Brief case of the petitioner

3. The petitioner was appointed in Sri Krishnadevaraya University on 07.07.2006 as Teaching Assistant in Botany on contract basis by the select committee after going through the interview process, consequent to the notification issued by the concerned authorities calling for appointments of eligible candidates. Thereafter, the petitioner was transferred to SK University, PG Centre, Kurnool on 25.06.2007 and from then onwards, he has continued to work as Assistant Professor on Contract Basis.

4. On an establishment of the 1^st respondent Rayalaseema University at Kurnool by the enactment i.e., Act No.29/2008 dated 24.09.2008 by the 3^rd respondent Government, the petitioner continued to work as Assistant Professor on contract basis at the 1^st respondent Rayalaseema University, Kurnool and completed 11 years of service in the cadre of Assistant Professor.

5. It is the case of the petitioner that even though the petitioner is working in the teaching side for the last 11 years as Assistant Professor without any blemish, the 1^strespondent University has not regularized the petitioner’s service and continued to pay the salaries on adhoc basis, which is less than the salaries that are being paid to the regular posts even though the duties discharged by the petitioner are similar to the regular employees.

6. The 1^st respondent University being the autonomous increasing posts and subjects day by day, however, denying for payment of minimum time scale to the petitioner on par with regular lecturers, who worked for 10 years on adhoc basis at the 1^st respondent University and it is the minimum obligation of the 1^st respondent University to treat the equals as equals and regularize the services of the petitioner in view of the decisions rendered by the Hon’ble Supreme Court of India.

7. While so, to the petitioner’s utter disgrace, the 1^st respondent University has issued the impugned circular dated 18.05.2017 and chosen to recruit the Assistant Professor/Teaching Assistant on temporary basis and asked the Assistant Professors/Teaching Assistants, who are presently working on contract basis in respective departments, to submit their applications. Hence, having left with no other option, the petitioner filed the present writ petition seeking direction against the action of the respondents from replacing the pe