P RAJESWARA PRASAD Vs. PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The petitioner who has been working as part-time Lecturer in Post Graduate Department of Commerce in A.M.A.L. College, Anakapalle, a private aided college affiliated to the Andhra University, (briefly referred to as 'College') ever since 30-10-1985 has filed this writ petition seeking direction to the Government and Commissioner of Higher Education to approve his appointment as Lecturer from 30-10-1985 and to pay the difference of salary from 30-10-1985. Pursuant to the advertisement issued by the College on 22-12-1982 in the Newpapers calling for applications for the post of Lecturers in Post-Graduate Department of Commerce, the Selection Committee recommended 5 candidates and the petitioner was put in the 5th rank with the endorsement "in the place of S.T. candidate-temporary". The management of the college appointed only two of the five, one against reserved quota of S.T. and the other who has M.B.A. qualification. The management of the college decided to appoint rest of the panel candidates in future vacancies that may arise due to increase in the work load. The petitioner is a M.B.A. candidate from Cochin University with I Class securing 67%. Though regular vacancies arose, the college could not appoint the petitioner since the College Service Commission was constituted with effect from 1-10-1985. On 30-10-1985, the petitioner was appointed as part-time Lecturer in Post-Graduate Department of Commerce to teach Quantitative Methods on hourly payment basis. On 29-11-1990, the College Authorities have written to the Andhra University to grant approval for the appointme'nt of the petitioner as Lecturer as there is sufficient work load and also as the petitioner has been doing the work of a Lecturer in a vacancy that has arisen. The Executive Council of the Andhra University in its meeting held on 14-12-1990 approved the proposal to, appoint the petitioner as Lecturer with effect from 30-10-1985. As the approval of the Commissioner of College Education was required, the College Authorities have been writing to the Director from February, 1991 to accord sanction for the appointment of the petitioner as Lecturer from 30-10-1985. But, as no action was taken by the Government and Director of Higher Education, the petitioner has filed this writ petition on 8-4-1991.

(2.) Subsequent to the filing of the writ petition, the Government issued G.O.Ms.No. 302, dated 23-8-1991 and G.O.Ms.No.362, dated 7-10-1994. As per G.O.Ms.No. 302, the Government has directed that part-time Lecturers working in private colleges may be considered for appointment as regular Lecturers by following the selection procedures indicated in the G.O. Those who have passed P.G.Degree with 55% or above marks and have put in service of 2 1/2 years or more as part-time Lecturers and were continuing in service on the last date of instruction of the academic year 1990-91 and were serving on the date of proceedings to be issued by the Regional Joint Director of Higher Education concerned to the Principals of private colleges calling for information, are eligible for the post of Lecturers. The age qualification prescribed was that the Lecturer should be within the age limit as per A.P. Educational Service Rules as on the date of appointment as part-time Lecturer. By G.O.Ms.No. 362, dated 7-10-1994 the Government directed absorption of persons who were working as part-time Lecturers against posts admitted to grant-in-aid subject to the conditions :

(3.) As per this G.O., this benefit is given from the date of issue of the order viz., 7-10-1994. This is more or less on the same lines as G.O.No. 212, dated 22-4-1994 issued in the case of regularisation of N.M.Rs./persons working on daily wage basis and temporary employees working in the Government Departments.