APHC010040842021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2749/2021 Between: T.srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. . 3. M R K CHAKRAVARTHY 4. K SWARNA SESHU The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- “… pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the 5th respondent herein in issuing the proceedings Rc.No.Spl/TSR/2/2020, dated 28.10.2020 wherein retrenched the services of petitioner without issuing any prior notice as being illegal, arbitrary, unjust and against to the principles of natural 2 justice and consequently direct the respondent to absorb the petitioner in the 5th respondent College as Lecturer in Economics with all consequential benefits and to pass ….” 2. The case of the petitioner in brief is that the petitioner has been working as a Lecturer in Economics in the 5th respondent college since 17 years i.e. from 02.07.2003 in an aided vacancy under unaided category. The aided vacancy arose after the retirement of Sri V. satyanarayana on 30.06.1996 with 18 hours workload and the petitioner has been discharging his duties diligently and sincerely without any complaint or adverse remarks. The petitioner has been working in the college with meagre salary with a fond hope that his services may be absorbed into aided post as he has joined before G.O.Ms.No.35, dated 27.03.2006. While the matter stood thus, the 5th respondent has issued an order of termination, dated 16.06.2020 without issuing any notice and without affording reasonable opportunity of being heard which is in utter violation of the principles of natural justice. Challenging the termination order dated 16.06.2020, he has filed W.P.No.11569 of 2020 before this Court and the same was pleased to set aside the same on 03.09.2020, leaving it open to the respondent Nos.4 and 5 to take appropriate action in accordance with law. Subsequently, he was reinstated into service as B.A. Lecturer, which is not in existence originally, where he was appointed as Lecturer in Economics and not as B.A. Lecturer. The petitioner is eligible for teaching in Economics for any degree classes i.e. B.A., B.Com, B.Sc., B.B.A. etc. and eligible for teaching foundation course i.e. Human values and professional ethics. To the said purpose, petitioner has completed his 3 orientation course to teach the above said course. The respondent Nos. 4 and 5 have intentionally reinstated petitioner into service by naming as “B.A. Lecturer” though he was originally appointed as Lecturer, Economics and eligible for teaching foundation course also and moreover, they did not pay his salary for the last 8 months. The further case of the petitioner is that finally the 5th respondent has issued present impugned order of retrenchment vide proceedings Rc.No.Spl/TSR/2/2020, dated 28.10.2020 on the ground that the B.A. Course is closed in the college and the work load in the subject of Economics has become nil and that the B.A. Course is closed from the Academic Year 2020-2021. Hence, the present Writ Petition is filed. 3. Heard Ms. Kavitha Gottipati, learned counsel for the petitioner and learned Government Pleader for Education appearing for the respondent Nos.1 to 3 and Mr. M.R.K.Chakravarthi, learned counsel for the respondent Nos.4 and 5. 4. Learned counsel for the respondent Nos.4 and 5 filed a counter affidavit, wherein it is stated that the petitioner was teaching final B.A Economics workload during 2019-20, but he failed to deliver or attend online classes to students from 19.03.2020 till the date of retrenchment order. It was further stated that the petitioner was informed and alerted about the lack of workload last year in 2019-2020 and he never cooperated to take up any academic works and he was absconded from duties since 19.03.2020 without any intimation. It was also stated that aided faculty in Economics and History were redeployed due to no admissions in B.A since 2018-2019 and there is no 4 financial viability to maintain the petitioner without B.A Course and the management requested for his retrenchment as per Section 83 of A.P.Education Act and the permission was granted for retrenchment which is in accordance with law. Hence, prays for dismissal of the writ petition. 5. On hearing, learned counsel for the petitioner while reiterating the averments made in Writ Petition submits that aggrieved by the impugned order of retrenchment, dated 28.10.2020, the petitioner has filed an appeal before the 2nd respondent and the same is pending. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 6. Learned Government Pleader for Education appearing for the respondent Nos.1 to 3 opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 7. Considering the submissions of learned counsel for the petitioner and the learned counsels for the respondents, the 2nd respondent is directed to consider and dispose of the appeal filed by the petitioner, dated 19.11.2020 within a period of two (02) months from the date of receipt of a copy of this order. 8. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 30.01.2025 SCS 6 403 THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2749/2021 Date: 30.01.2025 SCS