G PRASAD Vs. GOVERNMENT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
GOVERNMENT OF ANDHRA PRADESH REP
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(1.)The petitioners, who are 117 in number, are the employees of the 2nd respondent - The Jawaharlal Nehru Technological University, Hyderabad. They seek issuance of a Writ of Mandamus, directing the respondents to regularise their services in the posts held by them with effect from their initial dates of appointment and for consequential directions to the respondents to pay to them regular pay scales.
(2.)The petitioners were appointed by the 2nd respondent - University and they have been working in various posts, such as, sweepers, attenders, clerks, typists, accountants and drivers etc., for the periods ranging from six months to ten years. They were appointed on a consolidated pay for a period of three months and were being reappointed from time to time with a break of one day after completion of every 89 days. They complain that they were not being paid regular pay scales applicable to the various employees of the University working in the equivalent categories. They further submit that even though there is regular and continuous work for the petitioners, their services are not being utilised in order to avoid payment of salaries according to the regular scales of pay. The posts which the petitioners are holding are of permanent nature and that there was no justification for employing the petitioners on daily wages. The University, the petitioners contends, adopted a vindictive attitude towards the petitioners as they formed an association in order to ventilate their grievances and the University is threatening the petitioners stating that their appointments will not be renewed after the completion of their appointment for a period of three months. This action of the University is violative of Articles 14,15 and 21 of the Constitution, contend the petitioners.
(3.)The Commissioner of Technical Education and Ex-Officio Secretary to Government, Education Department, filed a counter on behalf of the respondents. The University was established by enactment of The Jawaharlal Nehru Technological University Act, 1972. The Government Engineering Colleges at Anantapur and Kakinada, the Nagarjunasager Engineering College, Hyderabad, the Government College of Fine Arts and Architecture, Hyderabad, were brought under the administrative control of the University. The University receives its entire financial grant from the State Government to meet the expenditure relating to the teaching and non-teaching staff of the University. The University has no powers to create any regular posts with a scale of pay, or to start any new programmes without obtaining sanction from the State Government, as required by Section 20(B) of the aforesaid Act. The petitioners were not the employees of the University Colleges which were taken over on 2-10-1972 on which date the Act came into force. They were all appointed between the years 1982 and 1989 without being sponsored by the employment exchange, on lumpsum wages. There are no regular posts in the schemes in which they were appointed. The University started self-supporting schemes without the approval of the Government. The fees collected from the students admitted in the said schemes is being utilised to cover the expenses as well as the payment of salaries of the petitioners. In the counter it is further averred that the petitioners cannot be continued beyond ninety days as there are no regular posts, as per the provisions of Section 3(c) of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. The proposals sent by the University for creation of new posts were not meant exclusively for the petitioners. The said proposals were meant only to cover the continuance of the scheme which are under the consideration of the Government. The self-supporting schemes were started by the University without the knowledge of the Government and the Government have no obligation to finance them. If the petitioners have to be appointed on regular basis with regular scales of pay, it would involve heavy financial stake to the tune of Rs. 30 lakhs, leading to a chain reaction in other departments.
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