I \ APHC010633272023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ ..y mt X . .C--■ - ■ -> J/. •s. - ,5’ V MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE v ■- PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos. 33140 AND 33431 OF 2023 WRIT PETITION NO: 33140 OF 2023 Between: P. Gyana Prasoona, W/o. S. Nageswara Rao, Aged 34 years, Occ; Un- Employee-formerly Worked as Contract Junior Lecturer at Government Junior College, Polaki, Srikakulam District, R/o. Plot No.A-30, BI-IEL Township, Gajuwaka, Visakhapatnam District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Board of Intermediate Education, Vijayawada- 520008, Krishna District. 3. The Regional Joint Director, Visakhapatnam. 4. Government Junior College, Polaki, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particular one in the nature of Writ of Mandamus declaring the action, things and deeds of the respondents in issuing the Memo No.ser.ll-2/217312/2023 dated 07-11-2023 in not re- engaging the services of the petitioner as contract Junior Lecturer in her faculty , which is illegal, irregular, arbitrary, un constitutional, discrimination, nothing but colourable exercise of powers against to the Principles of Natural Justice and in violation of Articles 14,19,21 and 300-A of the Constitution of India and consequently direct the respondent to re-engaged the petitioner as contract Junior Lecturer. lA NO: 1 OF 2024 Between: 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Board of Intermediate Education, Vijayawada- 520008, Krishna District. 3. The Regional Joint Director, Visakhapatnam. 4. Government Junior College, Polaki, Srikakulam District. ...PETITIONERS/RESPONDENTS AND P. Gyana Prasoona, W/o. S. Nageswara Rao, Aged 34 years, Occ: Un- Employee-formerly Worked as Contract Junior Lecturer at Government Junior College, Polaki, Srikakulam District, R/o. Plot No.A-30, BI-IEL Township, Gajuwaka, Visakhapatnam District. ...RESPONDENT/PETITIONER Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the orders in I.A.No.1 of 2023 in W.P.No.33140 of 2023 order date:26.12.2023 Writ Petition in the interest of justice. m APHC010633132023 WRIT PETITION NO: 33431 OF 2023 Between: B. Velangini, W/o P. Simon Pradhan, Aged 34 years, Aged 34 years, Occ. Un- Employee-formerly Worked as Contract Junior Lecturer at Government Junior College, Tiruvuru, Krishna District, Rio. D.No 3-105/A, Samantha Nagar, Nuzivid, Krishna District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Board of Intermediate Education, Vijayawada- 520008, Krishna District. 3. The Regional Joint Director, Visakhapatnam, 4. Government Junior College, Tiruvuru, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of the Respondents in issuing the Memo.No.Ser. 11-2/2173124/2023 dated 07-11-2023 in not re-engaging the services of the Petitioner as Contract Junior Lecturer in her faculty, which is illegal, irregular, arbitrary, un constitutional, discrimination, nothing but colourable exercise of powers, against to the Principles of Natural Justice and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents to re-engage the Petitioner as contract Junior Lecturer. lA NO: 1 OF 2024 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Board of Intermediate Education, Vijayawada- 520008, Krishna District. 3. The Regional Joint Director, Visakhapatnam, 4. Government Junior College, Tiruvuru, Krishna District. ...PETITIONERS/RESPONDENTS AND B. Velangini, W/o P. Simon Pradhan, Aged 34 years. Aged 34 years, Occ. Un-Employee-formerly Worked as Contract Junior Lecturer at Government Junior College, Tiruvuru, Krishna District, Rio. D.No 3-105/A, Samantha Nagar, Nuzivid, Krishna District ...RESPONDENT/PETITIONER Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders in I.A.No.1 of 2023 in W.P.No.33431 of 2023 order date;29.12.2023 Writ Petition in the interest of justice. Counsel for the Petitioners in Both Cases: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondents in Both Cases Nos.1 to 4: GP FOR SERVICES-II & GP FOR SERVICES-III The Court made the following COMMON ORDER: APHC010633272023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos.33140 & 33431 of 2023 Writ Petition No.33140 of 2023 Between: 1.P GYANA PRASOONA, W/0 S. NAGESWARA RAO, AGED 34 YEARS, OCC- UN-EMPLOYEE-FORMERLY WORKED AS CONTRACT JUNIOR LECTURER AT GOVERNMENT JUNIOR COLLEGE, PPLAKI, SRTIKAKULAM DISTRICT, R/0. PLOT NO.A-30, BI-IEL TOWNSHIP, GAJUWAKA, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE COMMISSIONER, BOARD OF INTERMEDIATE EDUCATION, VIJAYAWADA-52()()08, KRISLMA DISTRICT. 3.THE REGIONALJOINT DIRECTOR, VISALDIAPATNAM, 4. GOVERNMENT JUNIOR COLLEGE, POLAKI, SRTIKAKULAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particular one in the nature of Writ of Mandamus declaring the action, things and deeds CGR,J. W.P.Nos,33140 and 33431 of 2023 of the respondents in issuing the Memo No.ser.ll-2/217312/2023 dated 07-11-2023 in not re-engaging the services of the petitioner as contract Junior Lecturer in her faculty, which is illegal, irregular, arbitrary, un constitutional, discrimination, nothing but colourable exercise of powers against to the Principles of Natural Justice and in violation of Articles 14,19,21 and 300-Aofthe Constitution of India and consequently direct the respondent to re-engaged the petitioner as contract Junior Lecturer and pass Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.GP FOR EDUCATION The Court made the following: CGRJ. W.P.Nos.33140 and 33431 of 2023 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition Nos.33140 and 33431 of 2023 COMMON ORDER: Heard Sri Narasimha Rao Gudiseva, learned counsel for the petitioners and learned Assistant Government Pleader for Service-I I and learned Assistant Government Pleader for Services-lll appearing for the respondents. Petitioner in W.P.No.33140 of 2023 was appointed as Junior Lecturer in the Faculty of Electrical Technician (E.T.) in 4'^ respondent College. Similarly, petitioner in W.P.No.33431 of 2023 was appointed as Junior Lecturer in the Faculty of English in 4*^ respondent College. 2. Petitioners have worked from 23.07.2011 to 03.03.2014 and 13.08.2009 to 23.03.2010 respectively and later they could not attend the College due to pregnancy and other medical reasons. Later, having come to know that 1®* respondent has issued Memo., dated 15.10.2020 granting permission for re-engagement of 46 contract Faculty, who were dropped out due to disturbed/health/family/personal problems, in existing vacancies of Government Junior College in their respective Zones and that by subsequent memo, dated 27.01.2023, such persons came to be re-engaged, petitioners have made representations to extend similar benefit and the said representations came to be rejected by proceedings C6R,J. W.P.Nos.33140 and 33431 of 2023 dated 07.11.2023 based on Government Memo, dated 25.10.2023. Assailing the same, they preferred present respective writ petitions. 3. This Court initially passed interim orders directing the respondents to consider the aforesaid representations and pass appropriate orders. In pursuance to the same, by order, dated 13.02.2024, 2"^ respondent once again passed rejection order reiterating the grounds of rejection. 4. Learned counsel for the petitioners contends that as Government has on earlier occasion decided to extend the benefit of re-engaging persons who were dropped out even on health grounds in existing vacancies of Government Junior Colleges subject to condition that the fresh engagement will be terminated as and when regular recruitment is taken up, the similar benefit should have been extended even to the petitioners as admittedly even the case of the petitioners came to be recommended positively by 3^'^ respondent to the 2"'' respondent vide proceedings, dated 04.09.2023, therefore, rejection of case of the petitioners is in sheer discrimination. 5. Per contra, learned Assistant Government Pleaders for Services.il and III, appearing for the respondents, while reiterating the grounds urged in the counter-affidavits contend that in view of bar CGR,J. W.P.Nos.33140 and 33431 of 2023 contained in G.O.Ms.No.95, dated 12.06.2017, by which prohibition has been placed for any further recruitment on contract basis without prior approval of Government in Finance Department and having regard to the fact that the Government has taken a decision not to consider the case of petitioners for being re-engaged vide Government Memo, dated 25.01.2023, petitioners cannot claim parity on par with those who were earlier re-engaged. 6. Perused the record and considered rival contentions. 7. Admittedly, the Government has on earlier occasion issued Memo.No.1054962/IE/A1/2020, dated 15.10.2020, by which persons working on contract basis as Faculty in Government Junior Colleges were re-engaged, who were dropped out due to disturbed/health/fa mily/ personal problems, in existing vacancies of Government Junior Colleges and that petitioners also fall under the said category, however. not within said 46 persons, whose cases came to be considered. Even the case of the petitioners came to be recommended for re-engagement by 3^'^ respondent vide proceedings, dated 04.09.2023, to 2"^ respondent. As the Government has taken conscious decision to re engage 46 Junior Lecturers, engaged on contractual basis, particularly one of the grounds being medical reasons, even as petitioners admittedly are as per remarks shown to be disturbed due to health CGRJ, W.P.Nos.33140 and 33431 of 2023 problems, which being the reason for non-continuation with the employment, they are also entitled to be considered for same treatment on par with the aforesaid 46 contractual lecturers. 8. Though, learned Assistant Government Pleader has tried to place reliance on G.O.Ms.No.95, Finance (HR.II) Department, dated 12.06.2017, which placed restrictions on engaging any person on contractual basis without prior approval of the Government in Finance Department, inasmuch as, the very same 1 respondent has considered the case of 46 such contractual appointees after seeking prior approval of the Government in Finance Department, the same really would not be coming in the way for considering the case of the petitioners as well. 9. In view of the above observations and having regard to the fact that petitioners are only claiming parity with 46 appointees, which is also with a condition and rider that the said re-engagement would be subject to their giving way to regular appointees in future, petitioners should be extended the same benefit as well. 10. Accordingly, both the writ petitions are allowed setting aside the impugned Memos., dated 07.11.2023, and directing the respondents to consider the case of the petitioners for re-engagement as was done in case of 46 contractual appointees, in terms of Memo.No. 1054962/IE/ 7 CGR, J. W.P.Nos.33140 and 33431 of 2023 A1/2020, dated 15.10.2020, within a period of two months from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. The Commissioner, Board of Intermediate Education, Vijayawada- 520008, Krishna District. The Regional Joint Director, Visakhapatnam, Government Junior College, Polaki, Srtikakulam District. Government Junior College, Tiruvuru, Krishna District. One CC to Sri Narasimha Rao Gudiseva, Advocate [OPUC] Two CCs to GP for Services-ll, High Court of Andhra Pradesh [OUT] Two CCs to GP for Services-lll, High Court of Andhra Pradesh [OUT] Two CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. Ssb (gsg) HIGH COURT DATED:07/07/2025 COMMON ORDER WP Nos.33140 & 33431 OF 2023 ALLOWING THE WRIT PETITIONS WITHOUT COSTS