L.ADISESHU BABU Vs. STATE OF A.P

JUDGEMENT

(1.) The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: 0

(2.) The case of the petitioner is that he was engaged as Laboratory Record Assistant on temporary basis by the Management of Respondent No.3 on consolidated pay w.e.f 23/4/1985. The bone of contention of the petitioner is that the Government of Andhra Pradesh issued G.O.Ms.No.212 (Finance & Planning) Department, dtd. 22/4/1994 and formed a policy that for regularisation and absorption of employees who were appointed as daily wage/NMRs/ temporary in nature and such persons who worked continuously for a minimum period of five years and are continuing as on 25/11/1993 subject to certain conditions. The writ petitioner filed the present writ petition to declare the action of Respondent Nos.2 and 3 in not regularising his services as Record Assistant in Respondent No.3 College is illegal and arbitrary and direct the Respondent Nos.2 and 3 to regularize the services of the petitioner as Record Assistant in the College of Respondent No.3 from the date of his appointment.

(3.) Respondent No.2 Commissioner of Intermediate Education filed Counter Affidavit wherein he submitted that the petitioner had been engaged on temporary basis in the Respondent No.3 college on consolidated pay without obtaining prior permission and without following due procedure of selection. He was engaged purely on consolidated pay by the management and without any prior permission of the Competent Authority. Thus, the individual was engaged on temporary basis in contravention of the Rules stipulated under G.O.Ms.No.1119, Education (J) Department, dtd. 18/12/1976 and his remuneration is being paid out of the management funds but not from the consolidated funds of the Government. Moreover, the petitioner's appointment to the post of Record Assistant is not against any sanctioned post.