APHC010580842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30012/2023 Between: 1. L K HARINATH BABU, S/O. PANDU RANGA RAO AGED ABOUT 54 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) ACCOUNTING AND TAXATION (A AND T), L.A. GOVERNMENT JUNIOR COLLEGE (G), MACHILIPATNAM, KRISHNA DISTRICT. 2. CH. ANAND LAKSHMI NARAYANA, S/O.VITAL KOTESWARA RAO AGED ABOUT 53 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) M AND A.T., K. GOVERNMENT JUNIOR COLLEGE, MOVVA, KRISHNA DISTRICT. 3. U. SHASHAVALI, S/O.U. FAIZULLA AGED ABOUT 52 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) MECHANICAL AND AUTOMOBILE ENGINEERING, GOVERNMENT JUNIOR COLLEGE, ATMAKUR, KURNOOL DISTRICT. 4. B. NAGARAJU, S/O.B.SUBBA NARASIMHULU AGED ABOUT 57 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) ELECTRICAL TECHNICIAN, GOVERNMENT JUNIOR COLLEGE, RAJAMPET ANNAMAIAH DISTRICT. 5. V. VENKATA REDDY, S/O. V. NARAYANA REDDY AGED ABOUT 55 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) ELECTRICAL TECHNICIAN, B.R. GOVERNMENT JUNIOR COLLEGE, PUNGANUR 2 CHITTOOR DISTRICT. 6. KOLLU RANGANAYAKULU, S/O.K. CHANDRA RAO AGED ABOUT 59 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) OFFICE ASSISTANTSHIP (COMMERCE), K. GOVERNMENT JUNIOR COLLEGE, MOVVA, KRISHNA DISTRICT. 7. AREPALLI SRINIVASA RAO, S/O. A.V. RAMA RAO AGED ABOUT 54 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) OFFICE ASSISTANTSHIP (TYPE WRITING 86 SHORT HAND), GOVERNMENT JUNIOR COLLEGE, ELURU ELURU DISTRICT. 8. MITTIREDDI ADISESHU SRINIVAS, S/O M PAPAYYA (LATE) AGED ABOUT 57 YEARS, OCC. JUNIOR LECTURER (VOCATIONAL) M AND A.T., GOVERNMENT JUNIOR COLLEGE (BOYS), SRIKAKULAM, SRIKAKULAM DISTRICT. 9. MD. ARIF IQBAL, S/O.MD. IQBAL AGED ABOUT 53 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) M 8S A.T., GOVERNMENT JUNIOR COLLEGE, ELURU, ELURU DISTRICT. 10. PUSTELA RAJA SEKHAR, S/O. P. LINGANNA AGED ABOUT 54 YEARS, OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) SERICULTURE, GOVERNMENT JUNIOR COLLEGE, YEMMIGANUR KURNOOL DISTRICT. 11. MATCHA NIRANJAN RAO, S/O VISWANADHAM (LATE), AGED ABOUT 54 YEARS,OCC. PART TIME JUNIOR LECTURER (VOCATIONAL) M 85 A.T., GOVERNMENT JUNIOR COLLEGE, JALUMURU, SRIKAKULAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3 2. THE COMMISSIONER OF INTERMEDIATE EDUCATION, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT 3. L A GOVERNMENT JUNIOR COLLEGE G, MACHILIPATNAM, KRISHNA DISTRICT, REPRESENTED BY ITS PRINCIPAL. 4. K GOVERNMENT JUNIOR COLLEGE, MOVVA, KRISHNA DISTRICT, REPRESENTED BY ITS PRINCIPAL. 5. GOVERNMENT JUNIOR COLLEGE, ATMAKUR, KURNOOL DISTRICT, REPRESENTED BY ITS PRINCIPAL. 6. GOVERNMENT JUNIOR COLLEGE, RAJAMPET, ANNAMAIAH DISTRICT, REPRESENTED BY ITS PRINCIPAL. 7. B R GOVERNMENT JUNIOR COLLEGE, PUNGANUR, CHITTOOR DISTRICT, REPRESENTED BY ITS PRINCIPAL. 8. GOVERNMENT JUNIOR COLLEGE, ELURU, ELURU DISTRICT, REPRESENTED BY ITS PRINCIPAL. 9. GOVERNMENT JUNIOR COLLEGE BOYS, SRIKAKULAM, SRIKAKULAM DISTRICT, REPRESENTED BY ITS PRINCIPAL. 10. GOVERNMENT JUNIOR COLLEGE, YEMMIGANUR, KURNOOL DISTRICT, REPRESENTED BY ITS PRINCIPAL. 11. GOVERNMENT JUNIOR COLLEGE, JALUMURU, SRIKAKULAM DISTRICT, REPRESENTED BY ITS PRINCIPAL. ...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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the respondents in not granting minimum time scale to the petitioners on par with regular employees since they are working as Junior Lecturers (vocational) for the past more than 25 years as illegal, arbitrary and violative of Art.14, 16 and 21 of the Constitution of India and contrary to the Judgment rendered by the 4 Honourable Supreme Court in .State of Punjab Vs. Jagjit Singh and others. and consequently direct the respondents to consider the case of the petitioners for granting minimum time scale to the post of Junior Lecturer (Vocational) with all consequential benefits and pass IA NO: 1 OF 2023 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 pleased to direct the respondents to consider the case of the petitioners for granting minimum time scale to the post of junior lecturer (vocational) in terms of judgment rendered by the Honourable Supreme Court in .State of Punjab Vs. Jagjit Singh and others. Jagjit Singh and others. and order passed in W.P. (AT) No.780/2021 dt.24- 01-2023, pending disposal of the above writ petition and pass IA NO: 1 OF 2025 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 Pleased to vacate interim orders Dated 26.09.2024 in W.P.No.30012 of 2023 and dismiss the present writ petition with costs and pass IA NO: 2 OF 2025 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 may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, to declare the action of the 2nd respondent in issuing proceedings Rc.No. Voc. 1/2586976/2024 dated 07-11-2024 wherein rejected the request made by the petitioners for grant of Minimum Time Scale on par with others is illegal, arbitrary, unjust, discriminatory and violative of Article 14 of the Constitution of India and also contrary to the Judgment rendered by the Hon’ble Supreme Court in “State of Punjab Vs. Jagjit Singh and others”and consequently set aside the same by directing the respondents to consider the case of petitioners for granting Minimum Time Scale to the post of Junior Lecturer (Vocational) with all consequential benefits and pass IA NO: 3 OF 2025 5 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 may be pleased to direct the respondents to consider the case of the petitioners for granting Minimum of Time Scale to the post of Junior Lecturer (Vocational) in terms of Interim orders passed in lA No. 1/2023 in WP No. 16107 of 2023 dated 06-07-2023 and consequential implementation orders passed by the 2nd respondent vide proceedings Rc.No.Voc.1EHE05-18024/14/2023 dated 03-04-2024, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.30012 of 2023 ORDER : This writ petition is filed questioning the action of the Respondents in not granting minimum time scale to the Petitioners on par with regular employees though they are working as Junior Lecturers (vocational) for the past 25 years as illegal and arbitrary. 2. The Petitioners are working as part-time Junior Lecturers (vocational) having been appointed on the following dates. Sl. No. Name of the part time employee Name of the college Designation Subject Date of Appointment 1. L.K. Haranatha Babu LA GJC, Machilipatnam PTJL (Hourly) A & T 22.07.1994 2. Ch.Anand Lakshmi Narayana GJC, Movva PTJL (Hourly) M & AT 04.10.1995 3. U.Shashav ali GJC, Atmakur PTJL (Hourly) M & AT 13.08.1996 4. B.Naga Raju GJC, Rajampeta PTJL (Hourly) ET 01.08.1994 5. V.Venkata Reddy BR GJC, Punganur PTJL (Hourly) ET 12.10.1994 6. K. Ranganaya kulu GJC, Movva PTJL (Hourly) O.A 01.09.1994 7. A.Srinivasa Rao GJC, Eluru PTJL (Hourly) O.A 29.09.1994 8. M.A.S. Srinivas GJC (B), Srikakulam PTJL (Hourly) M & AT 21.08.1999 7 9. Md. Arif Iqbal GJC, Eluru PTJL (Hourly) M & AT 20.07.1994 10. P. Raja Sekhar GJC, Yemmiganur PTJL (Hourly) Sericult ure 01.06.1994 11. M. Niranjan Rao GJC, Jalumuru PTJL (Hourly) M & AT 05.01.1994 3. Though the Petitioners are working ever since, they have been paid salary on hourly basis. Hence, the present writ petition is filed seeking for minimum time scale on par with Junior Lecturers (Vocational). It is also stated that part-time Junior Lecturers, who have been appointed prior to the advent of G.O.Ms.No.212 Finance Planning (FW.PC.III) Department dated 22.04.1994, their services were regularized by the Respondent-State vide G.O.Ms.No.352 Education, Education (IE.1) Department dated 01.10.1994 and the cases of the Petitioners were not being considered only on the ground that they have been appointed subsequent to the cut-off date prescribed in G.O.Ms.No.212 dated 22.04.1994. 4. The Petitioners relied on the orders passed by this Court in W.P.No.16704 of 2019 confirming the order of Administrative Tribunal in O.A.No.1161 of 2017 granting minimum time scale to similarly placed persons. 5. In the counter filed by the Respondent No.2, it is stated that the Petitioners were initially appointed as part-time Junior Lecturers 8 (Vocational) on hourly basis and they have been completed ten years of service as on 25.11.1993 and did not come within the purview of guidelines fixed for extension of minimum pay scale. It is further stated that the remuneration of the Petitioners was being enhanced from time to time. It is further stated that the Petitioners are being paid Rs.515/- per hour subject to a maximum of Rs.37,000/- per month and none of the Petitioners would come under the zone of consideration under G.O.Ms.No.352 dated 01.10.1994. 6. Heard Smt. Kavitha Gottipati, learned counsel for the Petitioners and Government Pleader for Services-I and II. 7. The fact that the Petitioners are working as part-time lecturers for more than 25 years shows that the service of the Petitioners is continuing requirement and the term “part-time” is only a camouflage for regularization of the services of the Petitioners. It is further noted that persons similarly situated in the same designation of part-time Junior Lecturers (vocational) were regularized by the Respondent- State vide G.O.Ms.No.352 dated 01.10.1994 taking note of their regular service and not with reference to the nomenclature attached to the post in which they stand. 9 8. As the Petitioners have completed 25 years of continuous service, the Respondents are bound to extend minimum time scale and non-extension of the same has been considered as an abuse of positional advantage. 9. In view of the above, the writ petition is disposed of directing the Respondents to extend minimum time scale to the Petitioners with effect from today, prospectively, 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, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 30.10.2025 KLP