HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.9306 OF 2023

ORDER:

Heard Sri P.Lakshmana Rao, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Services-I I I appearing on behalf of the respondent Nos.1 & 2 and Sri Ch.Jagannatha Rao, learned standing counsel for Osmania University appearing on behalf of the respondent Nos.3 to 5.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a writ order or direction more particularly one in the nature of writ of Mandamus to call for the records relating to 5th Respondent passed impugned order in lr. No.607 /2022-2023 Admin Speaking orders dated 10.2.2023 in not allowing the petitioner in to duty and not paying the salaries to the petitioner is illegal, arbitrary, unreasonable, unconstitutional and violation of Articles 14, 16, 21 of the Constitution of India and contrary to Rules apart from violation of principles of natural justice and set aside the same direct the 5th respondents to allow the petitioner to perform their duties and pay the outstanding salaries to the petitioner in terms of the Hon’ble Supreme Court Judgment in L Merotra and others Vs State of UP and others 2002 SCC L & S 278 in the interest of justice and to pass such other further orders…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was appointed as Attender Cum Binder in the respondent organization in the year 1984 and subsequently the petitioner’s appointment got regularized as per the G.O.Ms.No.212 dated 22.04.1994.

It is further case of the petitioner that 5th respondent without assigning any reason had withheld the salary of two months i.e., October and November 2021, later on the 5^th respondent issued a notice to all the employees to submit their letter of appointment to the in-charge chief editor, to which the petitioner submitted an explanation to the 5^th respondent stating that it is the duty of the employer to maintain relevant records of the employees and the employees should not be coerced to submit their appointment letter except at the time of appointment and at the time of retirement or during promotions.

It is further case of the petitioner that the 5th respondent without considering the reply given by the petitioner locked the binding sections of the petitioner. Thereafter the petitioner submitted all the documents demanded by the respondent, however the respondents did not pay any salary to the petitioner and also continued the locking of binding section without allowing the petitioner to work.

It is further the case of the petitioner that the petitioner made a representation dated 14.09 2022 to the 5^th respondent seeking permission to take the attendance register and for opening of binding section, but the said representation was not considered by the 5^th respondent, aggrieved by the same the petitioner earlier filed W.P.No.42829 of 2022 and W.P.No.42880 of 2022 and this court was pleased to direct the 5th respondent herein to consider the representation of the petitioner. The 5th respondent considered the representation dated 14.09.2022 of the petitioner and rejected the same vide Lr.No.607/2022- 2023/Admin dated 10.02.2023. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RECORD.

A. The Office Order No.424/ 2008-09/ Admn, dated 01.06.2008 pertaining to the regularization of services as Office Attender in the scale of pay of Rs.3850-8600 under RSP-2005 is extracted hereunder:-

Mr.Mohd Ali S/o Mr.Mohd Ameer Ali was appointed as Helper on contract basis on 01-03-1981 and completed about 27 tears of service to his credit. The Executive Committee meeting of Dairatul Maarifil Osmania, held on 25-03-2006, in view of Government Orders under reference, resolved to approve the proposal for the regularization of services of Helpers, in the last grade scale subject to fulfillment of