RAMAPRASAD KUMAR RAVIPALLI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The case of the petitioners in brief is that the A.P.C.C.E issued a Notification inviting applications for appointment to the post of Mentor in Government Degree Colleges in the State of A.P. The qualification prescribed for the post of Mentor was equivalent to the post of lecturer in Government Degree Colleges. All the petitioners were selected through open competition notification given by the Commissioner of Collegiate Education and the petitioners were appointed by written test followed by interview conducted by committee for such posts. All the petitioners were appointed in the year 2007 onwards for the post of JKC full time mentor and there is no recruitment after 2014 for this post. Initially the authorities used to pay only Rs.8000.00 per month and the same was continued until 2017. Subsequently, the remuneration was increased from Rs.8000.00 to Rs.12000.00 with effect from 1/4/2017 and the authorities used to pay such salary/remuneration through treasury CFMS Head of account ie., on part with other regular employees.

(3.) Counter affidavit was filed by Respondent No.2. In the counter affidavit it is stated that the petitioners (Mentors/Full time mentors) are not engaged against sanctioned posts and hence they are not entitled for the benefit of payment attached to any sanctioned post. The mentors are engaged to work in non-sanctioned posts as per their willingness for a contract period of not more than 11 months in an academic year through agreement with the principles of respective colleges. It is further stated in the counter affidavit that the mentors assist lecturers and they do not teach English language. It is further stated in the counter affidavit that the petitioners i.e., Full time mentors are re-engaged every year for a 10/11 month period by entering into agreement with the principal of college and performance report is mandated in the agreement before reengagement. The petitioners willingness is taken before re-engaging them for the next academic year. The confidential report comprising of recommendations of the committee were submitted to the Government. However, the Government has rejected the minimum time scale to the mentors from Rs.12,000.00 to Rs.21,500.00 w.e.f. 10/6/2022 on par with 'outsourcing data processing officers' of Andhra Pradesh vide G.O.Rt.No.95 Higher Education (CE) Department, dtd. 10/6/2022. The mentors are treated on par with outsourcing data processing officers and therefore minimum time scale attached to the post of lecturer is not admissible in case of mentors.