THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION Nos.38560 & 38638 OF 2018

COMMON ORDER:

W.P.No.38560 of 2018 is filed seeking following relief:

“to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of the Respondents in not absorbing the services of the petitioner from Un-Aided Lecturer in the Department of Botany to the clear Aided vacant post of Lecturer in the Department of Botany in the 6^th respondent College, as illegal, arbitrary, violative of Articles 14, 16, 21 and 39(d) of the Constitution of India and consequently direct the respondents to absorb the services of the petitioner from Un-Aided Lecturer in the Department of Botany to the clear Aided vacant post of Lecturer in the Department of Botany in the 6th respondent College, with all consequential benefits along with arrears of difference of pay w.e.f. from 12.08.2005 to the petitioner, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of case.”

W.P.No.38638 of 2018 is filed seeking following relief:

“to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not absorbing the services of the petitioner from Un-Aided Lecturer in the Department of Zoology to the clear Aided vacant post of Lecturer in the Department of Zoology in the 6^th respondent College as illegal, arbitrary, violative of Articles 14, 16, 21 and 39(d) of the Constitution of India and consequently direct the respondents to absorb the services of the petitioner from Un-Aided Lecturer in the Department of Zoology to the clear Aided vacant post of Lecturer in the Department of Zoology in the 6^th respondent College with all consequential benefits along with arrears of difference of pay w.e.f. from 12.08.2005 to the petitioner, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of case.”

2. Heard Mr. Sadu Rajeswar Reddy, learned counsel for the petitioners, learned Government Pleader for Services-I appears for respondent Nos.1 to 4 and Mr. B.Nalin Kumar, learned counsel for respondent Nos.5 and 6 in both the writ petitions.

Both writ petitions are being heard together as the issue in both the writ petitions is similar. Facts in W.P.No.38560 of 2018 are being referred.

3. Brief facts:

Petitioner was appointed as Un-Aided Lecturer in Department of Botany in respondent No.6 College on 12.08.2005, teaching Intermediate and Degree students for a salary of Rs.5,800/- per month, enhanced from time to time. Petitioner has not placed on record the appointment order, but Service Certificates issued by college dated 23.07.2014 and 04.12.2017 are on record, in which the date of appointment is mentioned and that petitioner is employed as Un-Aided Lecturer in Botany. It is the case of petitioner that she has 59% in M.Sc. and the requirement to the post of Lecturer in Degree College is 55%, for Junior college is 50% as per the G.O.Ms.No.12, dated 10.01.1992. It is further the case that she is fully qualified and eligible for absorption from Un-Aided Lecturer to Aided vacant post in respondent No.6 College. Petitioner annexed account particulars of bank to claim that she has been working in the said Un-Aided post and is aged 45 years and at this age cannot be employed elsewhere. Petitioner’s case is that she is eligible for being absorbed into Aided vacant post of Botany lecturer in respondent No.6 College. Hence, this writ petition.

4. Learned counsel for petitioner submits that as per the requirements specified in G.O.Ms.No.12, dated 10.01.1992, petitioner is fully eligible for absorption from Un-Aided Lecturer to clear Aided vacant post in respondent No.6 College. That petitioner has additional qualification of Bachelor of Education. It is further submitted that petitioner has put in more than 13 years of service (by 2018) in the field of teaching to Degree and Inter