0HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 38910 OF 2012

O R D E R:

Petitioner seeks regularisation of her services in view of the decision of the Hon’ble Supreme Court in State of Karnataka v. Umadevi, (2006) 4 SCC 1. Her case is that, she was appointed as Part Time Junior Lecturer in Civics on 28.06.1989 in the 4th respondent college by the duly-constituted selection committee. As per G.O.Ms.No. 212, dated 22-04-1994, Government decided to regularize the services of the persons who worked continuously for a minimum period of 5 years and are continuing as on 25.11.1993. She therefore, filed Writ Petition No. 19738 of 1999 seeking regularization of services in terms of the said G.O. and by order dated 27.08.1999 obtained interim order to continue her in service against the aided vacancy by paying the minimum of the regular pay scale. However, in view of the judgment of the Hon’ble Supreme Court in A. Manjula Bhashini v. Managing Direction, A.P. Women's Co-operative Finance Corporation Limited, the above Writ petition was dismissed by order dated 04.08.2011.

Petitioner is therefore, stated to have submitted representation dated 02.09.2011 to the 4^th Respondent seeking

regularization of service which was forwarded to the 2nd Respondent vide Letter dated 06.09.2011 with a request to consider her case for regularization since the college is having clear aided vacancy and work-load for the post of Junior Lecturer in Civics. Consequent on dismissal of Writ Petition on 04.08.2011, a letter was sent to the Commissioner of Intermediate Education along with necessary documents to issue suitable instruction, however, no orders are passed yet after lapse of eleven months. In the meantime, the 4^th respondent is threatening to take coercive steps to remove her from service without following the procedure as contemplated under Section 79 of the A.P. Education Act, 1982.

2. By order dated 24.09.20213, this Court granted interim direction to continue petitioner in service against the aided vacancy by paying the minimum of the regular pay scale.

3. In the counter filed by the 2^nd respondent, it is stated, Petitioner was taken purely on temporary part-time basis for teaching unaided section by the 4^th respondent and his salary should be paid by the Management only and there should not be any financial commitment on the part of the Government, if any person is appointed in un-aided post. The said appointment itself was clearly against un-aided post, hence, she has no locus to claim the aided post as she has voluntarily accepted the appointment against the un-aided post way back. The contention that she is working in grant-in-aid vacancy that arose in July 1993 due to promotion of Junior Lecturer Mr.A.Srinivasa Rao, as Principal of the College is absolutely false.

The Government vide G.O.Ms.No.212 dated

22.04.1994 framed a scheme for regularization of irregular appointments on certain conditions. Based on the scheme, Government evolved a separate scheme for regularization of P.T.J.L. working against aided posts in Private Aided Junior/Degree Colleges vide G.O.Ms.No.328 Education dated 15.10.1997. As per the said G.O., regularization would be considered only when there exist a vacant aided post provided the Part-Time Junior Lecturer has been working against such aided post subject to the following conditions that, such Part- time Junior Lecturers should have put in a service of 3 academic years as on 30.04.1991 or 5 academic years as on 25.11.1993 as the case may be, and also continuing in service on the date of issue of these orders. As 120 days are considered to be reasonable number of working days for an academic year, Part-Time Junior Lecturers should have put in 360 working days as on 30.04.1991 and 600 working days as on 25.11.1993. The above said G.O. also stands automatically annulled after the expiry of the above mentioned period of six months ie. by 15.04.1998. Since she has not fulfilled the above conditions stipulated in G.O.Ms