THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.16012 OF 2020

ORDER:

Heard Sri G. Subhash, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Education appearing on behalf of the respondent No.1 and Sri D.Ramakrishna, learned counsel appearing on behalf of respondent Nos.2 and 3.

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

“…to issue a Writ or Order or orders or Direction mainly in the nature of Writ of Mandamus declaring the action of the respondents in not paying the pension and retrial benefits to the petitioner and other colleagues even though they were appointed during the year 2001 in the cadre of driver as illegal, arbitrary, unjust, discriminatory and contrary to Article 14 of the Constitution of India and consequently direct the respondents to regularize his service, pay pension and retrial benefits to the petitioner after his retirement duly considering their representations dated 16.06.2016, 03.03.2016, 12.12.2017, 09.05.2017, 09.08.2016, 27.06.2015, 25.07.2015 and 14.03.2014. The respondent No.3 sent proposals to the respondent No.1 and

2 on 16.06.2016 and 23.02.2019 respectively and pass…”

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:

i) The petitioner was appointed as an Office Subordinate on a daily wage basis on 07.02.1991 in the respondent University, and his services were regularized as a Office Subordinate on 29.01.2001, with regular pay scales and subsequent increments. ii) Since the services of the petitioner were regularized prior to the introduction of the Contributory Pension Scheme under G.O.Ms.No.653, 654 & 655 dated 22.09.2004, the said scheme is not applicable to the petitioner, and he is entitled to pension and other retiral benefits under the old scheme.

iii) Though the petitioner submitted several representations dated 14.03.2014, 25.07.2015, 27.06.2015, 09.08.2016, 03.03.2016, 09.05.2017, and 12.12.2017 to the respondents seeking regularization of his services and payment of retirement benefits, and though similarly situated employees who were regularized under G.O.Ms.No.212, dated 22.04.1994, against clear vacancies were extended all service benefits, no action has been initiated by the respondents to extend all service benefits as per law as per petitioner’s legal entitlement. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:-

A) G.O.Rt.No.166, Higher Education (UE) Department, dated 18.06.2016 issued by the respondent No.1 is extracted hereunder:-

GOVERNMENT OF TELANGANA A B S T R A C T Higher Education Department – Dr.B.R.Ambedkar Open University, Hyderabad – Regularization of services of three employees working in Dr.B.R.Ambedkar Open University, Hyderabad - Permission Accorded –

Orders – Issued.

HIGHER EDUCATION (UE) DEPARTMENT G.O.RT.No. 166 Dated: 18-06-2016.

Read the following:-

1. G.O.Ms.No.212, Finance & Planning (FW.PC-III) Department, Dt.,22.04.1994.

2. Orders of the Hon’ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in W.P.No.8765 of

2015, dt.31.03.2015 filed by Sri M.Mallesh and four others.

3. Govt.letter No.2237/UE/2015-1, H.E (UE) Department, dt.30.04.2015. 4. From the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad, Lr.No.063/Estt./B.IV/2015-16, dt.06.05.2015.

5. Govt.letter No.2237/UE/2015-5, H.E (UE) Department, dt.26.03.2016. 6. From the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad, Lr.No.050/Estt./B-II/2016-17, dt.21.04.2016.

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O R D E R:

In the reference 4^th read above, the Registrar, Dr.B.R.Ambedkar Open University, Hyderabad has furnished a proposal in respect of the following employees at Sl.No.01 to 05 for regularization of the services in the clear vacancies as per G.O. first read above, and ratification of the action taken by the Vice-Chancellor in regularization of the services of the follo