LAWS(APH)-1988-12-30

PRASAD (K.S.R ) AND OTHERS Vs. GOVERNMENT OF ANDHRA PRADESH (REPRESENTED BY ITS SECRETARY, LABOUR, EMPLOYMENT, NUTRITION AND TECHNICAL EDUCATION DEPARTMENT)

Decided On December 16, 1988
Prasad (K.S.R ) And Others Appellant
V/S
Government Of Andhra Pradesh (Represented By Its Secretary, Labour, Employment, Nutrition And Technical Education Department) Respondents

JUDGEMENT

(1.) The petitioners pray for the issue of a writ of mandamus declaring that the action of the respondents in not absorbing the petitioners in service while absorbing the persons who are similarly placed in service is illegal, arbitrary and contrary to Articles 14 and 16 of the Constitution of India and further declaring that the petitioners are entitled to be absorbed in the Government service with all consequential benefits as they are extended to the persons who were employed in special employment scheme in Government I.T.Is.

(2.) The facts of the case are that the petitioners are trained personnel in several technical trades and they have obtained certificates to that effect from various I.T.Is. The Government of Andhra Pradesh issued G. O. Ms. No. 258, dated 3 Nov. 1978, promulgating a special employment scheme and approving the programme for 332 educated unemployed candidates registered in the Employment Exchanges in the twin cities in Government recognised technical institutes. The object of the scheme seems to be to increase the training facilities in shortage and heavy demand categories. For that purpose, it appears, a survey of private technical training institutes in Hyderabad city has been conducted. The following four technical institutes, viz :

(3.) Consequent upon the selection made by the selection committee, the petitioners were appointed as instructors of various trades and orders to that effect were issued by the chairman of the selection committee. In respect of Government I.T.Is., appointment orders were given by the Director of Employment and Training. The petitioners, who were appointed as instructors, had worked for 8 years. They were drawing their salaries in the pay-scale of Rs. 310-560, which was on par with the instructors appointed in the Government I.T.Is. After a period of about 8 years the State Government took the view that sufficient number of persons have been given training and it is not feasible to provide employment for all the trained persons under the special employment scheme. Hence, memo No. 497/SES,II/86-1, dated 14 March 1986. was issued by the Government by virtue of which the funds which were being released to the I.T.Is., were stopped for both the Government I.T.Is. as well as private I.T.Is. As a result of the non-availability of funds, the services of the petitioners were terminated vide memo No. BI/17531/85, dated 12 Aug. 1986. Thus, by a stroke of pen all (he petitioners, who are qualified and trained instructors, were faced with the situation of termination of their services after putting in a service of about 8 years. The Government, however, recognising the fact that the persons working in the Government I.T.Is., were faced with termination of their services, issued proceedings, dated 24 July 1986, stating that in order to avoid retrenchment owing to abolition of posts, it is decided to transfer and re-post instructors within Andhra Pradesh Technical Education Subordinate Services as far as possible and also to make appointment by transfer to other services. In pursuance of the above said orders several candidates were posted to the posts borne on Andhra Pradesh Technical Educational Subordinate Service cadre. By yet through another memo, dated 25 July 3987, several instructors were employed under the special employment scheme. But it is worthy of mention that this alternative employment was provided only to personnel working in Government I.T.Is., whereas the petitioners, who were employed under the same scheme and were discharging the same duties under the direct control of the Government in private I.T.Is. were not provided with any alternative employment.