Extracted from the PDF above. The PDF is authoritative.
APHC010472782024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24439/2024 Between:
1. D UMADEVI, D/O ANJANEYULU, AGED ABOUT 44 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (ENGLISH), GOVT JR. COLLEGE,KADIRI, SRISATYASAI DISTRICT. 2. K ASHOK BABU, S/O ANJANEYULU, AGED ABOUT 40 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (TELUGU), GOVT JR. COLLEGE, SANTHAMAGULURU, BAPATLA DISTRICT. 3. M SARAVARA KUMARI, D/O M DANAM, AGED ABOUT 43 YEARS,OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (CIVICS), GOVT JR. COLLEGE,YERRAGUNTLA, Y.S.R KADAPA DISTRICT. 4. V PARVATHI, D/O V.C BAYYANNA, AGED ABOUT 39 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (ENGLISH), GOVT JR. COLLEGE, YERRAGUNTLA, Y.S.R KADAPA DISTRICT. 5. S KALAVATI, D/O RAJANNA, AGED ABOUT 42YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (ENGLISH), GOVT JR. COLLEGE, MULAKALA CHERUVU, ANNAMAYYA DISTRICT. 2
6. B LAKSHMANA RAO, S/O NAGAIAH, AGED ABOUT 43 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT JR. LECTURER (ECONOMICS), GOVT JR. COLLEGE, MYLAVARAM, NTR DISTRICT. 7. N BHARATHI, D/O LINGAIAH, AGED ABOUT 38 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (HISTORY), GOVT JR. COLLEGE, PAYAKARAOPETA, ANAKAPALLI DISTRICT. 8. B.SURESH, S/O B.SURESH, AGED ABOUT 35 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT - JR.LECTURER (BOTANY), GOVT JR. COLLEGE, NANDAVANAM , PULICHERLA, CHITTOOR DISTRICT. 9. N. UMA MAHESWARA, S/O N. VENKATA RAMUDU, AGED ABOUT 39 YEARS,OCC- CONTRACT LECTURER PRESENTLY WORKING AT JR.LECTURER (COMMERCE), GOVT JR. COLLEGE, KUNDURPI , ANANTAPUR DISTRICT. 10. M. NAGESWARA NAIK, S/O. SIDDAIAH NAIK AGED ABOUT 46 YEARS, OCC- CONTRACT LECTURER PRESENTLY WORKING AT- JR LECTURER (COMMERCE), GOVT JR. COLLEGE(BOYS), RAYACHOTI, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI AT AMARAVATHI- 522001. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI AT AMARAVATHI- 522001. 3. THE COMMISSIONER OF INTERMEDIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT - 522007. 3
4. THE REGIONAL JOINT DIRECTOR OF INTERMEDIATE EDUCATION, KADAPA ZONE.IV, YSR DISTRICT. 5. THE REGIONAL JOINT DIRECTOR OF INTERMEDIATE EDUCATION, GUNTUR ZONE III, GUNTUR DISTRICT. 6.
THE REGIONAL JOINT DIRECTOR OF INTERMEDIATE EDUCATION, RAJAHMUNDRY, ZONE I AND II , RAJAHMUNDRY
...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 any Writ, Order, or Direction, particularly one in the nature of a writ of Mandamus, declaring the r In view of the facts and circumstances stated above, it is therefore prayed that this Hon'ble Court may be pleased to issue any Writ,
Order, or Direction, particularly one in the nature of a writ of Mandamus, to declare that action of the respondents in not regularizing the service of the petitioners in spite of Act 30 of 2023 (AP Regularization of Contract Employees Act) dated 20.10.2023, although they are eligible to be regularized and also as per ratio, laid by the Hon'ble Apex Court Judgement in State of Karnataka Vs Umadevi 2006 AIR SC 1806, that the action of the respondents as illegal, arbitrary, violative of Article 14,16, 21 and 309 of the constitution and consequently declare the petitioners are entitled to be regularized and absorbed as regular employees in respective Govt Junior Colleges with all consequential benefits.
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IA NO: 1 OF 2024 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 direct the respondents to consider the representation of the Petitioners dated. 23.07.2024 in terms of Act 30 of 2023 (AP Regularization of Contract Employees Act) dated 20.10.2023 for regularization of their services forthwith pending disposal of the Writ Petition.
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 to grant leave to file counter affidavit in W.P.No.24439 of 2024 in the interest of justice and may be pleased to pass such other orders. Counsel for the Petitioner(S):
1. SRINIVASA RAO MADIRAJU Counsel for the Respondent(S):
1. GP FOR SERVICES III
2. GP FOR SERVICES I The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24439 of 2024
ORDER:
1. The present Writ Petition is filed seeking for regularization of the service of the Petitioners in terms of Andhra Pradesh of Contract Employees Act, 2023 (Act.30 of 2023). 2. The Petitioners are working as Junior Lecturers in Government Junior Colleges, Degree Colleges and Polytechnic Colleges on contract basis since the year 2007 onwards against the sanctioned posts after due selection process vide G.O.Ms.No.61, Higher Education (I.E-1/A1) Department, dated 02.07.2007. While so, G.O.Ms.No.8, Skills Development & Training (TE) Department, dated 16.03.2024 was issued for regularizing the services of the contract employees against the sanctioned vacancies on certain parameters prescribed therein. 3. As the Petitioners are working as contract Lecturers in various colleges, they have submitted representations on 23.07.2024 to the Respondent-authorities for considering their case for regularization of their services as per the Andhra Pradesh Regularisation of Services of Contract Employees Act, 2023. 6
4. As the said representations were not being considered, the present Writ Petition is filed. 5. A Counter-Affidavit is filed by Respondent Nos.1, 3 and 4, wherein it is stated that the proposals were uploaded by the Regional Joint Directors of Intermediate Education in the State. In the Counter- Affidavit, engagement of the Petitioners in various colleges is not in dispute. At Paragraph 9 of the Counter-Affidavit a tabular statement was provided showing the dates on which the Petitioners were appointed. 6. It is further stated in Paragraph 14 of Counter-Affidavit that the Regional Directors of Intermediate Education in the State had uploaded the proposals for regularization of services of contract personnel and submitted them to the Deputy Director, O/o the Commissioner of Intermediate Education, A.P., for verification. In turn, the proposals were verified and submitted to the Commissioner of Intermediate Education, A.P., and the proposals were further forwarded by the Commissioner of Intermediate Education to the Respondent-State. After scrutiny of the proposals, certain objections were raised and the proposals were returned to the Department for re-verification with specific remarks and in the meantime, the Model Code of Conduct had come into force. 7
7. It is further stated in Paragraph 15 of the Counter-Affidavit that the request of the Petitioners to regularize their services will be considered as and when the orders received from the Government. 8.
Heard the learned counsel for the Petitioners as well as the learned Government Pleader for Higher Education Sri Gurram Ramachandra Rao, who reiterated their contentions urged in their pleadings. 9. Considering that the Petitioners are working as Junior Lecturers on contract basis since the year 2007 onwards, the Writ Petition is
disposed of with the following directions;
(i) The Respondents are directed to examine the case of the
Petitioners for regularization of their service in terms of the
Andhra Pradesh Regularisation of Services of Contract
Employees Act, 2023, within a period of six (6) months from the
date of receipt of a copy of this order.
10. No order as to costs.
11. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY
Date: 31.10.2025
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.24439 of 2024 Dated: 31.10.2025
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