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2024 Supreme(Online)(TEL) 16164

THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.30884, 30887, 30988, 31044, 31069 and 31554 of 2022

COMMON ORDER:

Since the lis in all these writ petitions is one and the same, they are taken up for disposal by way of this common order.

2. These Writ Petitions, under Article 226 of the Constitution of India, are filed seeking to declare the action of the respondents in not extending the benefit of regularization enunciated under G.O.Ms.No.24 dated 20.07.2022 to the petitioners, on par with the other Lab Attendants as illegal, arbitrary and in violation of Articles 14, 16, 21 and 300-A of the Constitution of India, and consequently, to direct the respondents to regularize the services of the petitioners in the post of Lab Attendant w.e.f., the date of issuance of appointment order to the similarly situated persons under G.O.Ms.No.24 dated 20.07.2022 and also to continue the petitioners in service up to 61 years of age.

3. Heard Sri. M. Venkat Ram Reddy, learned counsel appearing for the petitioners, and learned Government Pleader for Services, appearing on behalf of the respondents.

4. Learned counsel for the petitioners submits that the Government had issued G.O.Ms.No.85 dated 06.03.1991, wherein, a sanction was given for the creation of 329 new sections in Government and Private Colleges. Accordingly, 329 posts of Lab Attendants were sanctioned. In pursuance of the same, the petitioners herein were appointed as Lab Attendants in the Vocational Junior Colleges on 13.09.1993, 25.08.1992, 02.01.1992, 25.08.1990, 01.02.1993 and 19.08.1991 respectively. He further submits that Government issued various G.Os., extending the benefit of Minimum Time Scale of pay (Basic + D.A.) in the Revised Pay Scales of 2005, 2010 and 2015 to all the Lab Attendants including the petitioners herein. Moreover, respondent No.2 has also sent a letter to the Government on 30.03.2017 recommending to regularize the services of 150 Vocational Lab Attendants, including the services of the petitioners herein, who are working in different subjects/vocational courses in Government Junior Colleges, on the Minimum Time Scale in the State, against the 609 regular posts sanctioned in the Government Junior Colleges. Learned counsel further submits that although respondent No.2 had recommended the names of the petitioners for regularization of their services on 30.03.2017, respondent No.1 has not taken any decision. Therefore, some of the petitioners herein, along with the other similarly situated persons, were constrained to file W.P.No.12618 of 2019 before this Court seeking to regularize their services from the date of their respective appointments. The said writ petition was disposed of by this Court vide order dated 25.06.2019 and respondent No.1 therein i.e., the Government of Telangana, represented by its Principal Secretary, Education Department, was directed to consider the recommendations made by respondent No.2 therein i.e., Commissioner of Intermediate Education, Telangana, herein vide proceedings dated 30.07.2017 and 10.10.2018, for regularization of services of the petitioners therein, including the petitioners, duly taking into account the decision of the Hon’ble Supreme Court in State of Karnataka and others v. Uma Devi [AIR 2006 SC 1806], and pass appropriate orders within three months from the date of receipt of a copy of the said order. In compliance with the said order, respondent No.1 has issued G.O.Ms.No.24 dated 20.07.2022 directing to regularize the services of 114 Lab Attendants working on minimum time scale basis in vocational stream in Government Junior Colleges across the State against the sanctioned posts in terms of G.O.Ms.No.16, Finance Department, dated 26.02.2016. Accordingly, respondent No.2 issued proceedings in Rc.No.Ser.IIB/36/2020-2 dated 21.07.2022 duly regularizing the services of 114 Lab Attendants. However, the petitioners were ignored and their case for regularization was not considered on the ground that they had attained the age of superannuation as on the date of issuance of the order of regularization i.e., G.O.Ms.No.24

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