GOVERNMENT OF ANDHRA PRADESH Vs. G SANJEEVI

JUDGEMENT

(1.) Since the issue involved in all these writ appeals and writ petitions is similar, they are being disposed of by this common order. The writ appeals are filed by the State, represented by its Secretary, Tribal Welfare Department, Hyderabad and its subordinate officers, against the common orders passed by the learned single Judge dated 12.9.2011 in W.V.M.P. No. 1937 of 2010 in W P No.8318 of 2008 and batch in refusing to vacate the earlier interim orders and making the same as absolute and directing to list the writ petitions for final hearing. For the sake of convenience, the parties, are hereinafterwards referred to as they are arrayed in the writ petitions.

(2.) In the batch of writ petitions, most of them i.e., W.P, Nos. 8318, 13934 and 11864 of 2008, W.P.12489, 13065, 13129, 14519, 16485, 22649 of 2009, W.P.No. 13381 of 2010 and W.P.No. 11660 of 2009 are filed questioning the action of the official respondents in creating artificial breaks in the service of petitioners for every 10 months and in not paying salaries for summer vacation and in not regularizing their services from the date of their initial appointments as Contract Residential Teachers (for short CRTs) as illegal and violative of their fundamental rights and for a consequential direction to regularize their services. In writ petition Nos. 13672, 21581, 27028, 28066, 29339, 29294, 31896 of 2011 apart from seeking regularization, the petitioners have sought for a direction to extend to them the benefits under G.O.Ms.No. 59 Social Welfare (RS-I) Department dated 10.8.2007 and G.O.Ms.No.91 Social Welfare (TW.Ser.III) Department dated 21.5.2008. Further, W.P. No.29008 and 28554 of 2011 are filed questioning the action of the official respondents in initiating the process to fill up the posts of School Assistants in Ashram Schools vide notification dated 19.9.2011 without regularizing the services of the petitioners therein as illegal and for a consequential direction to exclude the posts in which they are working from the selection process. W.P.No. 14310 of 2008 was filed questioning the proceedings in Memo Rc.No.B2/231/2006 dated 25.6.2008 issued by the Project Director, I.T.D.A., Paderu directing the Head Masters to engage the local Schedule Tribe Trained/Untrained CRTs, who worked during the academic year 2007-2008 for the academic year 2008-2009 as illegal and violative of Articles 14, 16 and 21 of the Constitution and to consequently hold that the petitioners are entitled for consideration for appointment in terms of guidelines issued by the Director of Tribal Welfare in proceedings RC No. 10717/02/D2 dt 30.11.2003 with all consequential benefits.

(3.) The learned single Judge, while admitting the writ petition No.8318 of 2008 by order dated 17.4.2008, granted interim direction, which reads as under: