SYED MEERA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by three persons working as Assistant Stewards in three different hostels attached to Agricultural College, Bapatla, which is affiliated to Andhra Pradesh Agricultural University, Rajendra Nagar` Hyderabad. The first and second petitioners were appointed by the Principal, the third respondent herein, by proceedings dated 18th June, 1966 as Assistant Stewards in the Agricultural College Hostel, Bapatla on temporary basis in the scale of pay of Rs. 80-4-100-5-150 plus usual allowances. The third petitioner was appointed by proceedings dated 30th June, 1981. His appointment was regularised by proceedings No.A.1 / 5305/82, dated 11th August, 1982 and he was placed on probation for a period of two years within a continuous period of three years with effect from 1st July, 1981. The scales of the first and second petitioners were revised in the year 1978 and accordingly by proceedings No.A.1/6743/80, dated 4th November, 1980 the increments due upto the end of June were released to them. They were also given the benefit of enhanced D.A., by proceedings dated 14th June, 1983 with retrospective effect from 1st March, 1982. The second respondent herein, namely, the Registrar, Andhra Pradesh Agricultural University, Rajendra Nagar, Hyderabad, by proceedings No. 1001 /A cad- 2J72, dated 28th June, 1972 (at some places in the affidavit and material papers filed by the petitioner, the date is mentioned as 28-6-1982) decided that each hostel should be given a care-taker post in the cadre of U.D. Clerk with a peon. Based on the said proceedings, the third respondent herein addressed letter No. A. 14256 / 86, dated 2nd September, 1986 to the second respondent, recommending the cases of the petitioners for absorption in the newly created posts of two U.D. Clerks, and one clerk-cum-typist. Also, the second respondent has sent proposals to the first respondent through letter No.9718/Acad-2/83, dated 30th March, 1984 for creation and sanction of posts for all the hostels under the control of the University to maintain uniform staffing pattern. The grievance of the petitioners in this writ petition is that despite the recommendation of the third respondent they have not been absorbed so far as regular employees of the University. Hence, they have filed this writ petition for a direction to the respondents 1 to 3 to absorb them as regular employees of the University and the college and give them all consequential benefits of pay, seniority etc.

(2.) Counter affidavit has been filed by the second respondent on behalf of respondents 2 to 5, The main plea in the said counter affidavit is that the appointment of the petitioners was irregular as their appointment was not againstsanctioned posts. Further, they were not sponsored by the Employment Exchange and they were overaged. Also, it is pleaded in the said counter affidavit that the second and third respondents are helpless as the Government of Andhra Pradesh, the first respondent herein has not so far approved the proposals of the second respondent for the creation and sanction of one post of care-taker for each hostel. The same plea is repeated in the counter affidavit filed by the Assistant Secretary to Government, Food and Agricultural Department, Government of Andhra Pradesh, Hydera bad, on behalf of the first respondent herein.

(3.) Sri S. Satyanarayana Prasad, learned counsel for the petitioners submits that the petitioners possessed the requisite qualifications prescribed for the post of Assistant Stewards and as such it is not permissible for the respondents to , plead at this belated stage that their appointments were irregular. I find considerable force in this argument. As already noted above, the first and second petitioners were appointed by proceedings dated 8th June, 1966. It is not in dispute that they were paid annual increments and also enhanced rates of D.A., applicable to regular employees. As far as the third petitioner is concerned, he was also put on probation for a period of two years by proceedings No.A.1 / 5305/82 dated 11th August, 1982. It is admitted by the respondents that in the case of hostels attached to Agricultural Colleges at Tirupati and Rajendra Nagar, Assistant Stewards / Stewards/care-takers have been appointed on regular basis. No reasons have been given by the respondents for not creating and sanctioning such posts in the case of hostels attached to Agricultural College at Bapatla. It is imperative that the respondents should follow uniform policy for all the hostels attached to Agricultural Colleges in the State. Article 14 of the Constitution obligates them to do so. The inaction on the part of the respondents in not considering petitioners' case for regularisation for so long a period cannot but be treated as arbitrary and unreasonable.