M. Anjaneya Kumar vs State Of Telangana

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the 3rd respondent in not forwarding the proposals of the 2nd respondent to the 1st respondent in terms of U.O. Note No.1354267-A/70/A2/HRM-I/2022 dt.28.03.2022, as arbitrary, discriminatory and illegal and consequently to direct the 3rd respondent to forthwith forward the proposals to the 1st respondent for regularization of the services of the petitioner to the post of Assistant Engineer in terms of G.O.Ms.No.16, Finance (HRM.I) Department, dt.26.02.2016 reckoning his contract service in the cadre of Assistant Engineer from 24.04.2010 in Sarva Siksha Abhiyan (SSA) without insisting on disposal of W.P.No.39941 of 2017 and with all other consequential benefits and to pass such other order or orders.

Brief facts leading to the filing of the present Writ Petition are that the petitioner was appointed as a Draughtsman (Civil) in the year 2005 pursuant to the Employment Notification issued for filling up two posts of Draughtsman. A Selection Committee was formed and the proceedings of the Selection Committee were approved by the District Collector, Adilabad vide Note Order dt.26.03.2005 and thereafter, the Additional Project Coordinator, District Project and Educational Programme (DPEP), Adilabad District appointed the petitioner to the post of Draughtsman (Civil) initially for a period of one year from 01.04.2005 to 31.03.2006 on contract basis and directed him to work under the control of Deputy Executive Engineer, Kagaznagar. Accordingly, the petitioner joined duty on 04.04.2005 and continued in service without any break. Subsequently, the petitioner was transferred from Kagaznagar and posted to the office of Deputy Executive Engineer, Rajiv Vidya Mission (RVM), Sarva Sikha Abhiyan (SSA), Nirmal Sub-Division, in place of Sri H.Venkateshwarlu, Regular Assistant Engineer who was transferred. The petitioner was directed to take complete charge of the post of Assistant Engineer vide proceedings Rc.No.B1/647/2007 dt.20.04.2010. The petitioner submitted his joining report on 24.04.2010 and the petitioner was sanctioned a minimum scale of pay of Rs.16,150/- applicable to the post of Assistant Engineer and Rs.1,000/- towards FTA from 24.04.2010. It is submitted that the DEO and Ex-Officio DPO, SSA, Nirmal by letter dt.03.08.2017 sent particulars of site Engineers working in Nirmal District to the Director of School Education and Ex-Officio SPD, SSA, Hyderabad and in the Annexure to the said letter, the petitioner was shown at Sl.No.2 with his designation as Assistant Engineer (Contract Basis) and his qualification as Civil Engineering Degree, i.e., AIMCE (Civil) and the date of his joining in service as 04.04.2005 and thus it is submitted that the petitioner has put in 12 years and 4 months service as on 03.08.2017. It is submitted that the Government has accorded new staffing pattern to the Telangana State Education and Welfare Infrastructure Development Corporation (3rd respondent) in the year 2008 and 314 posts of Assistant Executive Engineers/Assistant Engineers including 166 posts newly created vide G.O.Ms.No.36, Finance (SMPC-I) Department, dt.23.03.2011 were sanctioned. Further, vide G.O.Ms.No.29, School Education (Trg.) Department dt.27.10.2017, approval was accorded by the Government for merger of Engineering Wing of Sarva Shiksha Abhiyan (SSA) under the control of the Commissioner and Director of School Education and Ex-Officio State Project Director, Sarva Shiksha Abhiyan (SPD-TSSA), Hyderabad into the 3rd respondent Corporation. Thereafter, vide letter dt.09.11.2017, the Commissioner and Director of School Education informed to all the District Educational Officers and Ex-Officio District Project Officers in the State to relieve all the Engineering Staff of all cadres working on deputation/contract/ outsourcing basis under their jurisdiction with a direction to report them to the Managing Director of the 3rd respondent Corporation with immediate effect and furnish action taken report. Accordingly, the petitioner was relieved vide proceedings dt.20.11.2017 and he reported to duty to the 3rd respondent on 20.11.2017. However, the 3rd respondent did not accept his joining report, but directed him to get him sponsored through his Outsourcing Agency M/s. NVR Group. The petitioner questioned the same in W.P.No.39941 of 2017 and vide order dt.27.11.2017, this Court had observed that if the services of the petitioner were taken over pursuant to the Circular dt.14.11.2017 and continued as on that date, the petitioner shall be continued on the same terms and conditions till further orders. It is submitted that pursuant to the said interim orders dt.27.11.2017, the petitioner is being continued as Assistant Engineer on contract basis in the 3rd respondent Corporation on a meagre salary of Rs.16,150/- + FTA. It is submitted that the petitioner is the only employee working on contract basis and therefore, he ought to have been considered for regularization. It is submitted that subsequent to merger of Engineering Wing of SSA with the 3rd respondent Corporation pursuant to the orders issued in G.O.Ms.No.29 dt.27.10.2017, the pay scales of Telangana State Government Employees were revised. However, the petitioner was not given the benefits of any of the pay revisions. It is submitted that the petitioner is entitled for regularization of his services in terms of G.O.Ms.No.16 dt.26.02.2016. It is submitted that after the directions of this Court in W.P.(PIL) No.122 of 2017 dt.07.12.2021, the 1st respondent vide Government Memo No.5301/SE.Genl.I/2022 dt.30.03.2022 forwarded the instructions received from the 2nd respondent vide U.O.Note dt.28.03.2022 to all Heads of Departments under the control of School Education Department, including the 3rd respondent and requested to take necessary action in the matter for regularization of the services of the eligible persons who fulfill the conditions mentioned in G.O.Ms.No.16 dt.26.02.2016. It is submitted that the 3rd respondent, vide Memo dt.31.03.2022 directed the Superintending Engineer, Hyderabad Circle and all the Executive Engineers to furnish proposals as called for in the above said references and pursuant to the same, the 4th respondent forwarded the particulars of the petitioner to the 3rd respondent vide letter dt.01.04.2022. However, the 3rd respondent did not forward the proposals to the Government for regularization of the services of the petitioner in terms of G.O.Ms.No.16 dt.26.02.2016 and therefore, the petitioner submitted a representation on 14.04.2022 to respondents 1 and 2 requesting them to intervene in his case personally. The 1st and the 2nd respondents, however, directed the 3rd respondent to forward the particulars, but the 3rd respondent did not do so and therefore, the petitioner submitted another representation dt.10.07.2023 and the same was also not considered. The petitioner has filed the present Writ Petition and submitted that his case should be forwarded to the 1st respondent for consideration without waiting for disposal of the Writ Petition filed by him in W.P.No.39941 of 2017.

Learned counsel for the petitioner reiterated the submissions made by the petitioner in the Writ Petition and also all the documents filed along with the Writ Petition in support of his contentions. It is submitted that though the contention of the respondents is that the petitioner is not working against any regular vacancy in the Government organization, but that the petitioner is working in a society, he submitted that the organization in which the petitioner is working though is a registered society which is wholly funded by the Government and the posts are being sanctioned by the Government and therefore, it is Government service and the petitioner should be considered for regularization against the said post.

Learned Special Government Pleader attached to the office of the learned Advocate General, Sri A.Sanjeev Kumar, relied upon the averments made in the counter affidavit and submitted that the petitioner was never engaged by the Government in any regular vacancy and that he has been engaged on contract basis in a society and therefore, his case cannot be considered for regularization in terms of G.O.Ms.No.16 dt.26.02.2016. He has drawn the attention of this Court to various documents to demonstrate that the regularization of the petitioner’s services can be considered only after the status of the petitioner is determined by this Court in W.P.No.39941 of 2017. It is submitted that the said Writ Petition is ripe for hearing as the respondents have also filed their counter affidavit and therefore, a direction should be given to consider the case of the petitioner for regularization only after a decision is taken by this Court in W.P.No.39941 of 2017.

Having regard to the rival contentions and the material on record, this Court finds that the question as to whether the petitioner is working in a Government organization on contract basis or is working on outsourcing basis has been raised by the petitioner in W.P.No.39941 of 2017. Therefore, as rightly pointed out by the learned Special Government Pleader appearing for the respondents, unless and until the status of the petitioner is determined and identified, the consequential relief of regularization of his services cannot be considered. Therefore, this Court directs respondent No.1 to consider the case of the petitioner for regularization of his services after the disposal of W.P.No.39941 of 2017 and the status of the petitioner is determined by this Court.

The Writ Petition is accordingly disposed of. No order as to costs.

Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.