HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 585 OF 2018

O R D E R:

Petitioner seeks regularization of services as Warden Grade-II (Hostel Welfare Officer) along with payment of associated benefits, such as increments, gratuity, pension, commutation of pension and revised pay scales.

2. According to petitioner, he was appointed on temporary basis on 15-09-1981, with the condition that his services would be regularized upon acquiring the necessary qualifications, specifically Teacher Training Certificate (TTC), which he did not possess. It is the claim of petitioner that despite rendering service for 36 years, his services were not regularized and he was denied various benefits, leading to severe financial and emotional hardships.

It is stated, as per G.O.Ms. No.176, dated

15-11-1976, prescribed qualification for the post included completion of H.S.C. or S.S.L.C. along with TTC certificate. Petitioner acquired intermediate qualification at the time of appointment but failed to clear TTC examination due to financial constraints. Despite this, he served diligently in his position for 36 years till his retirement on 30-09-2017. He claims to have been subjected to harassment and punitive measures by the then Joint Director of Social Welfare, Sri. G. Suresh Reddy, including suspension and withholding of increments. Petitioner contends that these actions were taken in retaliation for his refusal to comply with certain demands by the authorities. It is stated, petitioner was consistently denied regular benefits such as increments, revised pay scales, and retirement benefits. He compares his situation with that of Smt. Amtur Raheem, who was similarly appointed as Matron Grade-II in 1985 under the same qualification condition but was allowed to continue in service, receiving increments and other benefits despite not having the TTC qualification, on the foot of the order of the Tribunal in O.A.No. 9032 of 2011. Petitioner asserts that failure to regularize his service and grant him due benefits is arbitrary and unjust, especially in light of his long tenure. Moreover, the petitioner submitted several representations to the respondents on 16-05-2016, 13-06-2016, and 06-07-2016, requesting regularization and the release of benefits. These representations, however, remained unaddressed, and the petitioner retired without any resolution of the matter. This failure has caused significant financial hardship for the petitioner, who had a family to support, including two unmarried daughters.

3. During the hearing, I.A.No. 1 of 2021 was taken out to bring the legal representatives of the deceased petitioner on record. The said Application was ordered on 21.07.2023. Accordingly, petitioners 2 to 4 were permitted to be brought on record.

4. The 2^nd respondent – Joint Director of Social Welfare denied petitioner’s allegations and presents a detailed counter-affidavit. According to him, petitioner’s appointment on 15-09-1981 was made on temporary basis with a clear stipulation that his services would be regularized only upon acquiring the requisite qualifications, specifically TTC certificate, as per G.O.Ms No. 176 SW(A2) dated 15-11-1976, from a recognized institution, in addition to basic educational qualification like H.S.C. or S.S.L.C. However, he never acquired the said qualification, as a result, his services could not be regularized and his pay was fixed at the minimum scale due to his failure to meet the qualification criteria, and he was not entitled to increments or other benefits associated with regular employment.

Regarding petitioner’s allegations of harassment and suspension by Sri. G. Suresh Reddy, respondents deny any such unfair treatment. It is asserted that Joint Director, Sri. G. Suresh Reddy was not the competent authority to impose disciplinary actions, such as suspension or withholding of increments. Instead, these actions were taken by the District Collector, competent authority for disciplinary matters. This respondent