JUDGMENT:

(Per Hon’ble Sri Justice Battu Devanand)

This Writ Appeal is filed aggrieved by the order, dated 11.04.2023 passed by the learned Single Judge of this Court in W.P.No.25558 of 2017.

2. The parties in the Appeal will be referred to as they are arrayed in the Writ Petition for convenience.

3. Heard learned counsel appearing on both sides and carefully perused the material available on record.

4. Case of the petitioner, in brief, is as follows:

(i) The petitioner was appointed as adhoc lecturer in Chemistry in S.K.B.R. College, Amalapuram, East Godavari District, on 29.07.1983, in a clear aided vacancy. The management of the college have given usual breaks in his services from the period 1984 to 1990 and continued his services from 1990 and regularized his services with effect from 06.03.1998 under G.O.Ms.No.328 Education, dated 15.10.1997.

(ii) The petitioner submitted a representation to the respondent No.1 through the respondent No.4 seeking regularization of unaided service on notional basis for the purpose of seniority and pensionary benefits. As the said representation was kept pending before the respondent No.1, the petitioner filed W.P.No.20030 of 2014. Pending the writ petition, the respondent No.1 issued memo dated 13.08.2015 directing the respondent No.2 to examine the request of the petitioner for regularization of unaided service and to submit the report. Challenging the delay on behalf of the respondents in not considering the unaided service for the period 1983 to 1998, the petitioner filed writ petition in W.P.No.25558 of 2017.

(iii) The petitioner got retired from services on 20.09.2018, and limited his prayer to direct respondents to consider his case to regularize his unaided service for the period 1983 to 1998, only for the pensionary benefits, but not for any other purposes.

5. Case of the respondents:-

(i) Initially, the petitioner was appointed as a part time lecturer in Chemistry in the respondent No.4-College during 29.07.1983 to 05.03.1998 with break in services. The break in service period was condoned by the College Governing Body in its meeting held on 03.09.2012 and subsequently, his services were regularized vide G.O.Ms.No.328, Education, dated 15.10.1997 with prospective effect i.e,. from 06.03.1998, as such, the petitioner is not entitled for regularization of his unaided service on notional basis for the purpose of seniority and as well as the pension.

(ii) It is further contended that upon considering the representation made by the petitioner on 20.09.2012, the respondent No.2 rejected the same on 18.06.2015 on the ground that the petitioner worked during the period from 1983 to 1998 as part time lecturer and his services were regularized on 15.10.1997 and the monetary benefit is with prospective effect only, but not with retrospective effect. The claim of the petitioner is in violation of clause 10 of G.O.Ms.No.328, dated 15.10.1997.

6. The learned counsel for the petitioner filed rejoinder to the counter, enclosing an order copy of this Court passed in W.P.No.26243 of 2003, wherein the services of the petitioner therein were regularized as per the guidelines prescribed in G.OMs.NO.328, Edn., dated 15.10.1997 on fulfilment of certain conditions.

7. The learned single Judge of this Court after hearing both sides and on perusal of the material available on record, allowed the writ petition, by order, 11.04.2023 directing the respondents to consider the case of the petitioner for regularization of his unaided service for the period 1983 to 1998 i.e., the date on which one post of lecturer fell vacant, only for the purpose of pensionary benefits and not for any other consequential benefits.

8. Aggrieved by the order of the learned single Judge, dated 11.04.2023, the State preferred the present appeal.

9. Submissions of the learned Government Pleader for the appellant/respondents:-

(a) The case of the petitioner is different to that the case of the petitioner in W.P.No.26243 of 2003. In the case referred