Dismissed

Ch.v.v.R.S.N Murthy v. The Commissionar of Collegiate Education Government of

Telangana HC13 Oct 2014WP/21268/2014

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the dismissal of an application by a part-time lecturer. While not a regular employee, the petitioner is entitled only to the minimum pay scale of a regular post without other allowances. The petition for transfer was dismissed.

What did the court decide?

Petitioner given minimum scale of pay of a regular post minus allowances except Dearness Allowance; transfer petition dismissed.

Ch.v.v.R.S.N Murthy Vs The Commissionar of… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.21268 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This writ petition is filed challenging the order, dated 22.5.2013, in O.A.No.3873 of 2013 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”).

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2. Petitioner herein/applicant filed the aforementioned Original Application before the Tribunal to declare that he is entitled to be transferred to his native district or any place in Zone II in terms of the orders issued by the Government in G.O.Ms.No.610, General Administration (SPF-A) Department, dated 30.12.1985, and consequently, to direct the respondents to transfer him to West Godavari District or any place in Zone-II. 3. The Tribunal, upon considering the material on record, dismissed the aforementioned Original Application holding that as the applicant was part-time lecturer and was not borne in a regular service, the question of applicability of Presidential Order or G.O.Ms.No.610, dated 30.12.1985, does not arise. Challenging the same, applicant filed the present Writ Petition.

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4. Learned counsel for the petitioner/applicant contended that the petitioner was initially appointed as a Part-time Lecturer on hourly basis; that the Government issued G.O.Ms.No.166, dated 8.6.1994, to apply the minimum of the time scale to the Part-Time Lecturers with allowances thereon and also issued G.O.Ms.No.221, dated 20.6.1995,

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to regularize the services of the Part-Time Lecturers with effect from 25.11.1993 on completion of 600 working days or five academic years on that date; that the petitioner has been working since more than 11 years; that the Government also directed that the posts occupied by the Part-Time Lecturers shall not be shown as vacancies for appointment of fresh candidates; that no prejudice would be caused if the case of the petitioner is considered and hence, he prays to allow the writ petition.

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5. On the other hand, learned Government Pleader for Education (Telangana) appearing for the respondents contended that the petitioner is, admittedly, not a regular employee and therefore, the Presidential Order or G.O.Ms.No.610, dated 30.12.1985, has no application to the case of the petitioner; that the Tribunal rightly dismissed the aforementioned Original Application and hence, he prays to dismiss the writ petition.

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6. It is not in dispute before this Court that in the first instance, the petitioner was appointed on hourly basis as Part Time Lecturer in A.S.N.M. Government Degree College, West Godavari on 21.10.1992. Subsequently, he was posted at Peddapalli Government Degree College in Karimnagar District. Thereafter, he was posted in Bhainsa in Adilabad District. At present, he is working in M.K.R. Government Degree College at Devarakonda of Nalgonda District from 2.11.1996 onwards. From the above averments in the affidavit filed in support of the writ petition and also the plea taken in the aforementioned Original Application, it is clear that so far, the services of the petitioner have not been regularized by the Government though the Government asked to submit the proposals for regularization of Part-Time Lecturers/Junior Lecturers working on hourly basis in the Government Degree/Junior Colleges. As rightly contended by the learned Government Pleader for the respondents, the petitioner is not a regular employee so as to consider his case for transfer from one zone to another. The

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Presidential Order as well as G.O.Ms.No.610 have no application to the case of the petitioner as still, he is working in the temporary cadre, which is not permanent. Hence, the Tribunal rightly passed the impugned order and that order needs no interference by this Court. The Writ Petition is devoid of merits and is liable to be dismissed. However, considering the fact that the petitioner has been working since a long time, he shall be given the minimum scale of pay relating to regular post, but without any other allowances except Dearness Allowance. Simply because the petitioner will be given the minimum scale of pay, that does not mean that he is borne or appointed to that regular cadre or post.

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7. With the above direction, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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______________________ JUSTICE K.C.BHANU

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JUSTICE ANIS Date: 13.10.2014 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.21268 OF 2014

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DATE: 13.10.2014

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AMD

Ch.v.v.R.S.N Murthy v. The Commissionar of Collegiate Education Government of

Case brief

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Ch.v.v.R.S.N Murthy v. The Commissionar of Collegiate Education Government of

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