S. Sivarama Krishna, Anantapur & 3 Othrs Vs Prl. Secy, Higher Education Dept.,Hyd & Another

S. SIVARAMA KRISHNA, ANANTAPUR & 3 OTHRS, S/O S. OBULESU PROFESSIONAL ASSISTANT, CENTRAL LIBRARY, SRI KRISHNADEVARAYA UNIVERISTY, ANANTAPUR, R/O KAMALA NAGAR, ANANTAPUR.

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C. CHINTHANNA, S/O C. CHINTAANA PROFESSIONAL ASSISTANT, CENTRAL LIBRARY, SRI KRISHNADEVARAYA UNIVERISTY, ANANTAPUR, ANANTAPUR.

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G. SREERAMULU, S/O G. GANGANNA PROFESSIONAL ASSISTANT, CENTRAL LIBRARY, SRI KRISHNADEVARAYA UNIVERISTY, ANANTAPUR, ANANTAPUR.

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K. DEVENDER REDDY, S/O K. NARASIMHA REDDY PROFESSIONAL ASSISTANT, CENTRAL LIBRARY, SRI KRISHNADEVARAYA UNIVERISTY, ANANTAPUR, ANANTAPUR.

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...PETITIONER(S)

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AND

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PRL SECY HIGHER EDUCATION DEPT HYD ANOTHER, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER

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2

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EDUCATION DEPARTMENT, SECRETARIAT, HYDERABAD.

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THE REGISTRAR, SRI KRISHNADEVARAYA UNIVERSITY, ANANTAPUR, ANANTHAPUR DISTRICT.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto isuse a writ order or direction particularly one in the nature of writ of mandamus declaring that the action of the respondents in continuing the petitioners as professional Assistants which are equivalent to the posts of Junior Library Assistants on contract basis without appointing the petitioners in the vacant posts of Junior Library Assitants by way of direct recruitment; and appointing persons who are ineligible according to the rules by appointment by transfer though the posts can't be filled up by appointment by transfer; and also not observing the rule of reservation are illegal, arbitrary and void and pass

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IA NO: 1 OF 2011(WPMP 37848 OF 2011

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider our cases for appointment to the posts of Junior Library Assistants by way of direct recruitment as per the roster points and not to fill up th eposts of Junior Library Assistants by appointment by transfer without first considering us pending disposal of the Writ PEtition and pass

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IA NO: 4 OF 2011(WPMP 168913 OF 2011

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased

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IA NO: 1 OF 2012(WVMP 1533 OF 2012

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3

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 2.12.2011 passed in WPMP No. 37848 of 2011 in WP No. 30528 of 2011 and pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased maybe pleased to permit the petitioner to file the present additional affidavit in the main writ petition and the same may be read as part of the WP, in the interest of justice, and pass

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IA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in continuing the Petitioners as Professional Assistants which are equivalent to the post of Junior Library Assistants on contract basis without appointing the Petitioners in the vacant posts of Junior Library Assistants by way of direct recruitment and appointing persons, who are ineligible according to the rules by appointment by transfer though the posts can be filled up by appointment by transfer and also not observing the rule of reservation are illegal, arbitrary and void and further direct the Respondents to consider absorbing the Petitioners in the regular cadre of Junior Library Assistants on par with others with all consequential benefits and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Instead of It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in continuing the Petitioners as Professional Assistants which are equivalent to the post of Junior

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4

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Library Assistants on contract basis without appointing the Petitioners in the vacant posts of Junior Library Assistants by way of direct recruitment and appointing persons, who are ineligible according to the rules by appointment by transfer though the posts can be filled up by appointment by transfer and also not observing the rule of reservation are illegal, arbitrary and void and pass

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Counsel for the Petitioner(S):

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1.M SRIKANTH

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2.M PANDURANGA RAO

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Counsel for the Respondent(S):

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1.O UDAYA KUMAR SC For S K UNIVERSITY

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2.M KARIBASAIAH

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3.GP FOR HIGHER EDUCATION

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The Court made the following:

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ORDER:

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The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

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“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the Respondents in not taking any action for granting Minimum Time Scale in terms of Judgment rendered by the Hon'ble Supreme Court in State of Punjab Vs Jagjit Singh and others since the Petitioners are working for the past 21 years as Library Professional Assistants in the Srikrishna Devaraya University is illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to

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5

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consider the case of the Petitioners for granting Minimum Time Scale to the Post of the petitioners and pass….”

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Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents.

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Learned counsel for the petitioners submitted that the petitioners are stated to be appointed as Library Professional Assistants in the Srikrishna Devaraya University in the year 2005 and are continuing to work as such, however, they have not been extended minimum time scale of pay. Hence the Writ Petition is filed seeking extension of minimum time scale of pay as attached to the said post and placed reliance on law laid down by the Hon’ble Apex Court in State of Punjab vs. Jagjit Singh and Others¹ .

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Learned Assistant Government Pleader appearing on behalf of the respondents submitted that the Court may pass appropriate orders.

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Considering the submissions, without going into the merits of the case, the respondents are directed to consider the case of the petitioners for extending payment of minimum time scale in terms of the judgment rendered by the Hon’ble Apex Court in State of

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1 (2017) 1 SCC 148

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6

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Punjab vs. Jagjit Singh and Others within a period of two (02)

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months from the date of receipt of a copy of this order.

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