S. USHA SHREE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a mandamus to direct respondent No.6 to pay regular pay scale attached to the post of Lecturer, i.e., Rs.5,980 12,100 as revised as Rs.9,285 21,550, and from time to time thereafter, to the petitioner, declaring the action of the respondents in not regularizing her services in the post of Lecturer from the date of her appointment as Lecturer, as illegal and arbitrary.

(2.) The petitioner in her affidavit averred that she was appointed as Lecturer in respondent No.6 college, which is an aided institution, on a consolidated pay in the year 1992. That in the year 1996 she was appointed as Lecturer through selection process by the Selection Committee consisting of a Member of the Andhra Pradesh College Commission, two joint Directors of the Office of the Commissioner of the Collegiate Education and representatives of the Osmania University subject experts. That in the year 1999 the services of the petitioner were terminated orally, that questioning the same, the petitioner filed W.P. No.14093 of 1999 and the said writ petition was disposed of by order dt.17.4.2008 holding that the termination of the petitioners services abruptly without following the procedure prescribed under Section 79 or 83 of the Andhra Pradesh Education Act, 1982, was arbitrary and illegal. That this Court has, however, left the respondents free to initiate action for termination of the services of the petitioner after issuing a notice as per law and a further direction was issued to consider the petitioners case for regularization, if her services are found necessary in the Intermediate section. That the said order was confirmed in Writ Appeal No.724 of 2008 filed by the management of respondent No.6.

(3.) The petitioner further averred that in the year 2008, her services were again terminated without following the procedure as directed by this Court in W.P. No.14093 of 1999. That the petitioner filed contempt case No.1448 of 2008 and during the pendency of the said contempt proceedings, the order terminating the petitioners services was withdrawn by the management and since then her services are being utilized to teach Intermediate Section in the Junior College. That the petitioner made representation on 17.2.2010 to respondent No.7 to pay the revised pay scale of Rs.9,285 21,550. As the said writ petition did not yield any result, the petitioner filed this writ petition.