S SRIHARI Vs. PRINCIPAL REGIONAL ENGINEERING COLLEGE WARANGAL

JUDGEMENT

(1.) The petitioner joined service in the Regional Engineering College, Warangal as P.A. to the Principal of the College on 54-1965 in the pay scale of Rs.180-350. There are two sets of Engineering Colleges in the State. One set of colleges are the Government Colleges and the college in which the petitioner was working is a college created by a Society. The petitioner submits that when he joined service there were no posts of Personal Assistants in the State Government Engineering Colleges. The Government created the posts in its own Engineering Colleges with effect from 1-7-1965 in the pay scale of Rs.35G-850. A Government Order was passed on 27-4-1967 by which rules for recruitment to the said posts were made. These rules came into force from 1-7-1965. These posts were described as temporary posts, but, according to the petitioner, they are continuing.

(2.) The controversy is very short. The petitioner was working in Regional Engineering College as Personal Assistant and he wants parity of pay with Personal Assistants of Principals of Government Engineering Colleges. As is evident, the petitioner was appointed to the post on 5-4-1965 in the pay scale of Rs. 180-350 and he continued to work in this grade even on 1-7-1965 when the posts of Personal Assistants in Government Engineering Colleges were created in the grade of Rs.350-850. The petitioner submits that the Government of India issued a letter on 16-2-1963 whereby Regional Engineering Colleges were asked to adopt the pay scales of State Governments in their respective Colleges with regard to the posts of Office Assistants, Clerks, Office Superintendents, Stenos, Typists, peons etc. He further submits that, because of this instruction of Government of India, the respondents were bound to place him in the grade of Rs.350-850 with effect from 1-7-1965. He submits that the qualifications laid down by the Government for appointment to the post of Personal Assistant to Principal were possessed by him. He states that he passed his B.A., in 1968. Post graduation in the year 1970 and his services had been regularised with effect from 5-4-1965. He submits thatthepostofPersonal Assistant in the Regional Engineering College was equivalent to the post of Superintendent in the State Government in the ministerial service. He had been promoted to the post of Assistant Registrar from 16-3-1984. For the first time he made a representation on 20-7-1972 that is seven years after the Government created the posts of Personal Assistants in the Government Engineering Colleges. This was replied to by the Principal on 26-10-1972 who declined the request of the petitioner. Aggrieved by this Ihe petitioner represented on 20/06/1974 to the Chairman, Board of Governors of Regional Engineering College, Warangal. The Board of Governors decided the representation of the petitioner and on 13-9-1974 the Principal conveyed the decision of the Board to the petitioner by which he was informed that his request had been declined. The petitioner submits that he was not aware of the Government order passed on 27-4-1967 and he came to know about it in the year 1988 and therefore he filed another representation on 19-4-1989 that he was entitled to a higher grade after completion of 5 years of service as Personal Assistant. He submits that he has received no reply. Therefore, he filed this Writ petition.

(3.) Two things emanate from the assertions made by the petitioner in the Writ petition i.e., (1) That the Government passed order creating posts of Personal Assistants in Grade Rs.350-850 on 1-7-1965 and that the rules for recruitment were made on 27/04/1967. The petitioner did not chose either to file representation or a Writ petition in this Court. For the first time, on his own saying, he filed-representation on 22nd of July, 1972. The second representation was filed on 20th of June, 1974 which was decided on 13-9-1974. Still it took the petitioner 5 years to come to this Court; (2) That, according to the petitioner he was not aware of G.O. Ms. No.960, Education, dated 274-1967 till the year 1988. I think, this is an after thought and this assertion has only been made for the purpose of explaining the laches as the case is badly hit by laches.