[ 3396 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) pD I I H > TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^ o, .25 PRESENT : HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15243 OF 2Q1« Between: Smt. R. Nalini, W/o S. Krishna Prasad, Aged 61 years Occ. Retired Assistant Librarian. Central Library, Dr. N.T.R. University of Health Sciences (holding lien In Government Dental College), Vijayawada, Krishna District, A.P. ...PETITIONER AND 1. The Government of Andhra Pradesh, Rep by its Principal Secretary, Health, Medical and Family Welfare Department, Velagapudi, Guntur District, A.P. Secretariat, 2. Dr. N.T.R. University of Health Sciences, Rep. by its Registrar, Vijayawada, Krishna District, A.P. 3. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department. Secretariat, Velagapudi, Guntur District, A.P. 4. The Director of Medical Education, Government of Andhra Pradesh Vijayawada, Krishna District A.P. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction particularly one in the nature of Writ of Mandamus to set aside the proceedings No. 1455/MIII/2005, dated 05.07.2014 issued by the 2^'^ respondent declaring that the superannuation age of the petitioner is completion of 60 years and consequently direct the respondents to reinstate the petitioner into service notionally and pay her salary and other perquisites and also retiral benefits such as Gratuity, Encashment of Leave, Pension and Computation of Pension etc. as If she was in service till 30.06.2016 by declaring the inaction in this regard on the part of the respondents is violative of Articles 14, 16 and 21 and Government Orders. lA NO: 1 OF 2Q1« Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend proceedings No. 1455/MIII/2005 dated 05.07.2014 issued by the 2'^'^ respondent and direct the respondents to treat the petitioner as if retired on 30.06.2016 and pay salary, all perquisites and retiral benefits. " Counsel for the Petitioner(s):SRI. C SRINIVASA BABA Counsel for the Respondents: GP FOR MEDICAL & HEALTH Counsel for the Respondents: GP FOR FINANCE & PLANNING Counsel for the Respondents: SMT. T.V. SRIDEVI, SC FOR NTR UNIVERSITY 7 The Court made the following: APHC010329622018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] •a* TUESDAY, THE TWENTY NINETH DAY OE APRIL TWO THOUSAND AND TWENTY ElVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15243/2018 Between: 1.SMT. R. NALINI, W/0 S. KRISHNA PRASAD, AGED 61 YEARS OCC. RETIRED ASSISTANT LIBRARIAN, CENTRAL LIBRARY, DR. N.T.R. UNIVERSITY OF HEALTH SCIENCES (HOLDING LIEN IN GOVERNMENT DENTAL COLLEGE), VIJAYAWADA DISTRICT, A.P. KRISHNA ...PETITIONER AND 1.THE GOVERNMENT OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2.DR N T R UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS REGISTRAR, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3.THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 4.THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1.C SRINIVASA BABA Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.GP FOR SERVICES I 3.TATA VENKATA SRIDEVI,STANDING COUNSEL FOR DR.NTR UNIVERSITY OF HEALTH SCIENCES The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India the following prayer for: with • a writ of Mandamus, to set aside the ororoodinn^: Mr. 1455/MIII/2005, dated 05.07.2014 issued by the 2"^ respondent declaring that the superannuation age of the petitioner is completion oeifL^iTnT ""^^^^duently direct the respondents to reinstate the petitioner into service notionally and pay her salary and other a/so ref/ra/ benefits such as Gratuity, Encashment of Leave, Pension and Computation of Pension etc. as If she was in llTZf by declaring the Inaction in this regard on the 2. Heard Sri C.Srinivasa Baba, learned counsel for Assistant Government Pleader for Services-I the Petitioner, learned and Ms.Tata Venkata Sridevi. learned Standing Counsel for NTR University of Health Sciences. 3. Learned counsel for the Petitioner would submit that the Petitioner is a Post Graduate in Science and Graduate in Library Science. Learned counsel would further submit that on 20.02.1989, she was appointed as Assistant Librarian in Respondent No.2-University on consolidated pay and later she was extended regular time scale of pay. It is submitted that, subsequently, she was transferred to Government Dental College, Vijayawada, which i under the Control of Respondent No.4. IS Learned counsel would submit that since the Petitioner is a State Government Employee, she is entitled to all the benefits on par with the Government employees. Learned counsel would further submit that, they are restricting their claim for grant of pension only. In support of his contentions, learned counsel has placed reliance on the r f Hon’ble Apex Court in K.Anbazhagan & Another vs. The judgment of the Registrar General, High Court of Madras & Another’. learned Assistant Government Pleader and the learned Per contra, 4. Standing Counsel, in unison, would submit that the Petitioner was appointed Ad-hoc basis as Assistant Librarian on payment of by the University on consolidated pay and there was no sanctioned post in the University. It is further submitted that the services of the Petitioner were not regularized in of G O Ms.No.212, Finance (PC.Ill) Department, dated 22.04.1994 and hence she retired from services on attaining the age of superannuation of 58 It iQ c;Mhmitted that the Petitioner was working in the subject college. terms years. which is under the control of the University on deputation. Petitioner is the employee of the University, but she is not a government employee. It is further submitted that the services of the Petitioner were not regularized by the and she retired from services in the year 2014, as such, she is Government, not entitled to any of the reliefs. Hence, prayed for dismissal of the petition. 5 Considering the submissions and a keen perusal of the material placed record would disclose that, admittedly, the Petitioner was appointed by on Respondent No.2 - University on Ad-hoc basis on 20.02.1989 as an Assistant After establishment of N.T.R.University of Librarian on consolidated pay. Health Sciences, some of the medical colleges and hospitals were taken over Further, the University established a by the University in the year 1986 Dental College and appointed staff for the posts not only in the University but (2018) 10 SCR 810 4 also in the Institutions that are under its administrative control. Admittedly there was no sanctioned post of Assistant Librarian in the University. The services of the Petitioner 6. were extended by enhancing the rate of consolidated pay from time to time by placing the matter before the Executive Council of the University. On the filing of W.P.No.17196 of 1996 by the Petitioner, the Composite High Court of Andhra Pradesh ordered to consider the case of the Petitioner for regularization in the post of Assistant Librarian in accordance with G.O.Ms.No.212, dated 22.04.1994. Accordingly, the case of the Petitioner was examined by the University and it was informed to her request was rejected since she has not completed five years of service by 25.11.1993 and there was no sanctioned post to consider the same, which are the conditions stipulated in G.O.Ms.No.212. The post of Assistant Librarian was sanctioned to Respondent No.2-University vide G.O.Ms.No.606, Health, Medical & Family Welfare (E.l) Department, dated 25.03.1996. As per the Proceedings No.680/SIII/2000, dated 07.03.2000, subject to the orders Government, the University extended the time scales of of the pay to the Petitioner par with all other temporary staff working on Consolidated salary / Daily Wages / NMRs in the University with a condition that, in the event of Government not approving the proposals, the payments thereof, shall be recovered from their salaries. on made in excess 7. It is pertinent to mention that, the Government vide G.O.Ms.No.507 HM & FW (El) Dept., dated 22.12.2000 de-linked Siddhartha Medical Vijayawada along with attached hospitals from the College, purview of the University 3 and brought the same under the control of the Director of Medical Education, Government of Andhra Pradesh. Respondent No.4 issued proceedings dated 18.06.2004 cancelling the deputation orders of the Petitioner. Challenging the same, the Petitioner filed W.P.No.11177 of 2004, wherein, she filed her affidavit stating that she is included as one of the 32 adhoc employees according to G.O.Ms.No.362, HM & FW (El) Dept., dated 03.09.2002 and in that view, she shall be the employee of the University alone and she cannot be treated as an employee of any of the de-linked institutions. Contrary to the same, she stated in the present petition that she is the Government employee as per Section 77 of the A.P.Re-Organization Act, 2014 since her parent department is Director of Medical Education. 8. The fact remains is that, as per her appointment orders issued by the University on 20.02.1989, she is the employee of the University but not the Government and her appointment is on adhoc basis and as she has not fulfilled the requirements of G.O.Ms.No.212, her services were not regularized by the Government. Furthermore, the Government of Andhra Pradesh vide Letter No.7244/C2/2000, dated 29.03.2016 informed that the request of regularization of services of the temporary employees who were appointed in Dr.NTR University of Health Sciences and in its de-linked institutions on adhoc basis between 1988 to 1990 on NMR, daily wage and consolidated salary basis, is not feasible for acceptance as they have not completed five years of services as on 25.11.1993 as per the orders issued in G.O.Ms.No.212. It was also clarified in the said letter regarding the retirement of adhoc employees 6 no enhancement is permitted, no one beyond 58 years should continue in Respondent No.2-University, of the above facts and circumstances, this Writ Petition is disposed of. However, the Petitioner is at liberty to make a fresh representation to the University and the University Authorities are directed to the said representation and take appropriate decision according to governing Rules and Law, within three months from the date of receipt of such representation. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand that since 9. In view look in to closed Sd/- K KASIRAO ACHARI ASSISTANT^EGISTRAR //TRUE COPY// SECTION OFFICER To p Medical and Family Welfare 1. The Principal Secretary, Health Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, A.P. and Planning Department, Andhra Pradesh, Secretariat, Velagapudi, Guntur Finance 2. The Principal Secretary, Government of District, A.P. [1 & 2 By Special Messenger] N.T.R. University of Health Sciences, Vijayawada 3. The Registrar, Dr. Krishna District, A.P. Director of Medical Education, Government of Andhra Pradesh Vijayawada, Krishna District A.P.[3 & 4 by RPAD] 4. The 5. One CC to SRI. C SRINIVASA BABA Advocate [OPUC] 6. TwoCCsto GP FOR FINANCES PLANNING .High Court Of Andhra Pradesh. [OUT] 7. Two CCS to GP FOR MEDICAL & HEALTH .High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies r? 5 . . ' ^ HIGH COURT DATED:29/04/2025 ORDER WP.No.15243 of 2018 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS