THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.4862 OF 2011

ORDER:

This Writ Petition is filed for the following relief:

“… to declare the action of the 4^th and 5^th respondent in not allowing the petitioner to perform her normal duties as an attender or cashier w.e.f. 01.10.2006 is against the principles of natural justice and the same is illegal, arbitrary. Consequently, to direct the respondents to continue the petitioner as an attender in service with all consequential benefits such as arrears of difference of salary to the petitioner by re-fixing the pay scale of the petitioner by directing the respondents 1 to 3 to absorb / regularize the services of the petitioner in an aided vacant post of attender or in any other class IV vacant aided post by redeploying the services of the petitioner in any other needy government colleges in the state of Telangana, along with all consequential benefits including for payment of pension along with arrears of pension to the petitioner by counting the service from the date of appointment w.e.f. 01-02-1993 till the date of realization…..”

2. Heard Sri Sadu Rajeswara Reddy, learned counsel for the petitioner, and learned Government Pleader for Higher Education, appearing for the respondents. Perused the material available on record.

3. Learned counsel for the petitioner submits as follows:

That the petitioner was initially appointed as an Attender on 01.02.1993 in the 4^th and 5^th respondent college and worked up to 01.09.2006. During this period, though she was appointed as an Attender, the management utilized her services as a cashier i.e. collecting fee from students. The petitioner's initial salary was Rs.750/- per month and thereafter her salary was enhanced from time to time and her last drawn salary as on 30.09.2006 was Rs.2,200/- per month. However, from 01.10.2006, the petitioner was orally terminated from service without any valid reason and in spite of her attending duties; she was not permitted to sign in the attendance register nor paid the salary from 01.10.2006. No written termination order was issued to her. Thus, petitioner was handicapped to approach this Court for redressal.

4. The petitioner passed the Secondary School Certificate (S.S.C.) examination in 1983; completed the "Foundation Course in Computer Concepts" on 02.07.1992 with 61% i.e. A grade; passed a Departmental Test conducted by the Andhra Pradesh Public Service Commission (A.P.P.S.C.) in 1993; and passed Typewriting (English Lower) conducted by the State Board of Technical Education and Training, Andhra Pradesh, in 1984.

5. The 4^th and 5^th respondent college had issued a service certificate to the petitioner earlier, but it was misplaced. Subsequently, the petitioner obtained a duplicate service certificate dated 18.02.2011. The Hon'ble Supreme Court on 14.12.2001 passed the following order in Special Leave to Appeal (Civil).. CC 8994/2001, which was preferred against the order dated 27.04.2001 in W.P.No.14641 of 1999 on the file of this Court:

“In the meanwhile, status quo obtaining as on today, shall continue, until further orders of this Court. Tag with SLP ( c ) Nos.15947-

15962/2001.”

6. Despite the direction of the Hon'ble High Court in W.P.M.P.No.17836 of 1999 in W.P.No.14541 of 1999 dated 08.07.1999, the minimum scale was not paid to the petitioner. The management of the 4^th and 5^th respondent had addressed a letter to the 3rd respondent seeking permission to fill four vacant Aided Non-Teaching post as per proceedings dated 30.03.1996. A reminder letter dated 03-10-1997 was sent by the management of 4^th and 5^th respondent to the 3^rd respondent requesting approval for filling up the posts of Non-

Teaching Staff. The petitioner is fully qualified and is entitled for an absorption / regularization in the post of Attender.

7. The petitioner was appointed as an Attender on 01.02.1993 in the 4th and 5th respondent college, but the college management utilized the services of the petitioner as a cashi