R. Sudhakar Vs The State of Telangana

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[³³⁰¹ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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. PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 36688 OF 2024

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Between:

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R. Sudhakar, Sio Narasimha Chary, Age 62 years, Occ. Retd. Asst. Professor, R/o. H.No.1-'10-192, Flat No.6,^-Ashoka-Home Apartment, Ashok Nagar, Hyderabad - 500 020, Telangana State.

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,. ...PETITIONER

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AND

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1 If,g^{Stelg of Telalgana,Rep. by its Principat Secretaryto the Govemment,} Higher Education Department, Secretariat, Hyderabad.

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2 The Potti Sriramulu Telugu University, Rep. by its Registrar, Lalitha Kalapeetham, Bahcupally, Hyderabad - 500090.

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...RESPONDENTS

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Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ Of Mandamus declaring the action of the Respondents in not considering the representation of the Petitioner dt. 13.12.2024 for appointment of the Petitioner as Guest Faculty on hourly basis as Assistant Professor in the Department of Dance (Kuchipudi) for the academic year, 2024-2025 on par with other similarly situated candidates who were appointed as Guest Faculty on hourly basis vide proceedings No. PSRTU/PaV/T/VPKS/cPtAVKptzO24-2S, dt. 11.12.2024 issued by the Respondent No.2 as being illegal, arbitrary, contrary to violation of principles of natural justice and violation of Article 14 and 16 of Constitution of India and consequently direct the Respondent No.2 to consider the Petitioners representation dt. 13.12.2024 for appointment as Guest Faculty on hourly basis as Assistant Professor in the Department of Dance (Kuchipudi) for the academic year, 2024-2025 on par with other similarly situated candidates

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,/' who were^{appointedias GuestFacultyon hourly basis videproceedings No'} dt.^{11.12.2024 issuedbY the} PS RTU/PaV/T/VPKS/G^{P/AVKP I 2024-25} Respondent^{No 2 in the interest of justice}

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IA NO:^10F2024

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Petition^{under Section 151 CPC prayingthat in the circumstances stated} in the affidavit^{filed in supportof the petition'the High Court maybe Pleased to} issue interim^{direction directingthe Respondent No.2 to considerthe Petitioners} representation^{dl. 13 12 2024 for appointmentas Guest Faculty orl hourly basis} ASyear,appoAssistant inted 2024-2025^{as Professor Guest on par in the FacultY with other Department on similarly hourly of Dancebasitsis uated (KuchiPudi) for vide candidates Pro<;eedings the who academicwereNo'} PSRT^{U/PaV/T/VPKS]GPIAVKPI2O24-25dt'11 .12.2024 issr-redbY the} Respondent^{No.2 in the interestof justicepending disPosal of the main Writ} Petition

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Counsel^{for the Petitioner:SRI G'SATYANARAYANA YADAV} Counsel^{for the Respondent No'1: GPFOR SERVICES-I} Counsel^{for the RespondentNo'2: SRI K'RAM MURTHY' SC FOR PSTU} The Court^{made the following:ORDER}

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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ORDER:

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WRIT PETITION No.366aa of2024

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With the consent of the parties, the Writ petition is disposed of aL the stage of admission itself.

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2l Aggrieved by the inaction of the respondents in considering the representation of the petitioner dated 13.12.2024, the present Writ Petition is filed

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Heard Sri G. Satyanarayana yadav, learned counsel for the petitioner, learned Government pleader for Services-I appearing for respondent No. 1 and Sri K. Ram Murthy, learned Standing Counsei for respondent No.2.

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Learned counsel for the petitioner has stated that the petitioner was appointed as Instructor on 19.11.7992 on contract basis by Respondent No.2 and thereafter he was retired from service on 31.12.2021 as Assistant professor on attaining the age of 60 years as contract employee without taking the benefits of retirement from respondent No.2. It is further submitted that in almost a_11 Departments, respondent No.2 has been appointing all retired faculty to work as Guest Faculty on hourly basis @ Rs.700/_ per hour subject to maximum of 6O hours per month. Accordingly, petitioner was aiso appointed as Assistalt professor to work as Guest faculty on hourly basis on 2I.06.2022, 06.09.2Cl23 aod 29.01.2024 continuously in

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PK, J 2- wP 36688²⁰²⁴

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every consecutive^{academicyears and the petitioner isalso} discharging his^{rluties as Assistant Professor as Guest hculty on} hourly basis in^{the Departmentof Dance (Kuchipudi)' While so' on} 11.12.2024, respondent^{No.2 herein has appointedall tl-re retired} employees 25^{Qrrest Faculty to work on hourly basis' except the} petitioner. Though^{the petitioner made arepresentation to} respondent^No.2 on^{13.12.2024seeking to consider his case for} appointment^{as Guest faculty to work on hourly basis on par with} other similarly^{situated retiredempioyees, no action has t'eentaken} thereon. Therefcre,^{the learned counsel prayedthis Court to direct} respondent^{No.2 to pass orders on the representation of the petitioner} within a stipulated^{time duly takinginto consideration the fact that} similarly situateri^{retiredemployeeswere appointedas Gues;tfacuity'}

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Per contra, learned^{Standing Counsel has submittedthat as} there is no^{requirement of the servicesof the Guest fac ulty in the} department^{of tlance (Kuchipudi),the services of the petitronercould} not be re-engaged.^{However,the learnedStanding CounseL submitted} that respondent-^{No.2 will consider the case of the petitioner as and} when his servicr:s^{are required.}

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Having regard^{to the abovemade submissions' wi:hout going} into the merits^{of the case, the Writ Petition is disposed of directing} respondent^{No.2 to passappropriate orders on the representation of} the petitioner^{clated 13.12.2024,strictly in accordanceu'ith law and}

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-3 PK, J wP 3668A_2024

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duly taking into consideration the appointment of similarly situated retired persons vide proceedings No.pSRTU /pa7 /T/VpKS/cp/AVKp/ 2024-25, dated 17.12.2024, as expeditiously as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order.

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Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR

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