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2025 DIGILAW 210 (TS)

K. Sarveswar Rao v. State of Telangana

2025-04-01

SUREPALLI NANDA

body2025
ORDER : SUREPALLI NANDA, J. Heard Sri Jurispath, learned counsel appearing on behalf of the petitioners, and learned Assistant Government Pleader for Services-I, appearing on behalf of the respondents. 2. The petitioners approached the Court seeking prayer as under: “…to issue a writ or order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not paying the remuneration for 12 months to the part time Junior Lecturers (Vocational) working in Government Junior colleges on par with contract Lecturers, by implementing the G.O.Rt.No.95 dated 25.06.2019 is arbitrary, irrational and contrary to the principles of natural justice and Article 14 of the Constitution of India, Consequently, direct the respondents to implement the G.O.Rt.No.95 dated 25.06.2019 by paying the arrears from the date of issuance of the G.O.Rt.No.95 dated 25.06.2019 for 3 years dues to the petitioners and pay regularly 12 months of salary for each academic year, in the interest of justice.” 3. The case of the petitioners, in brief, is that the petitioners are working as Part-time Junior Lecturers (Vocational) in different government junior colleges in the state of Telangana, performing full-time duties and are receiving a salary of Rs.21,600/- per month, which is significantly lower than their counterparts, such as contract lecturers, who are paid Rs.54,000/- per month for identical work. The petitioners contend that despite their continuous service, they have not been paid their salaries for the months of April and May, and their salary is only paid for 10 months a year, unlike contract lecturers who are paid for 12 months as per G.O.Rt.No.222, dated 05.09.2018. The petitioners’ further state that G.O.Rt.No.95, dated 25.06.2019, was issued to extend the same benefits (12 months' salary) to vocational part-time junior lecturers, but despite the said G.O.Rt.No.95 dated 25.06.2019, no action has been taken by respondent No.2 to implement the same in respect of the petitioners herein. The action of the respondents in not implementing the said G.O.Rt.No.95 dated 25.06.2019, is nothing but discriminatory treatment towards the petitioners, amounting to injustice to the petitioners. Aggrieved by the inaction of the respondents, the petitioners have filed the present Writ Petition. 4. PERUSED THE RECORD 5. The counter-affidavit has been filed on behalf of respondent No.2 and in particular, paragraph Nos.11, 12, and 14 of the said counter-affidavit are extracted hereunder: “11. Aggrieved by the inaction of the respondents, the petitioners have filed the present Writ Petition. 4. PERUSED THE RECORD 5. The counter-affidavit has been filed on behalf of respondent No.2 and in particular, paragraph Nos.11, 12, and 14 of the said counter-affidavit are extracted hereunder: “11. It is further submitted that, in the light of orders of Government in G.O.Rt.No.95, Higher Education [IE/A1] Department, dated 25.06.2019, the Commissioner of Intermediate Education, Telangana, Hyderabad has submitted to the Government in letter Rc.No.Voc.1/1683/2015, dated 28.10.2019 informing that, the aforesaid orders of the Government could not be implemented as it has become difficult for the Principals of Government Junior Colleges concerned in the State where the Part-time Junior Lecturers in Vocational Stream are working on Hourly Basis who are the Drawing and Disbursing Officer and responsible for payment of remuneration to the above personnel to calculate remuneration on Hourly Basis for the Summer Vacation during which there shall be no class-room instructions provided to the students by these Part- time Junior Lecturers working on Hourly Basis. As per the above orders of the Government, these Part-time Junior Lecturers are paid remuneration only for the period for which they have worked, For the Sundays/Public Holidays and for the summer vacation no remuneration could be paid since they are Part-time Lecturers working on Hourly Basis. As such, it has become difficult to implement the orders issued by the Government in G.O.Rt.No.95, Higher Education [IE/A1] Department, dated 25.06.2019 wherein the Government have permitted to pay the remuneration for 12 months. Therefore, the Government have been requested to issue modified orders for payment of remuneration to the Part-time Junior Lecturers working on Hourly Basis as Consolidated Pay instead of remuneration for 72 periods maximum per month so as to implement the orders of the Government issued in G.O.Rt.No.95, Higher Education [IE/A1] Department, dated 25.06.2019. 12. It is submitted that, finally the Government has informed the Commissioner of Intermediate Education, Telangana, Hyderabad in Memo.No.6282/1E.A1/2019, Higher Education [IE] Department, dated 11.03.2022 that, the request for conversion of Part-time Junior Lecturers those who are working on Hourly Basis into Consolidated Basis for claiming the salary for 12 months instead of 10 months on par with others those who comes under the G.O.Rt.No.95, Higher Education [IE.A1] Department, dated 25.06.2019 is not feasible for consideration as there is no justification. The request is therefore hereby rejected. 14. The request is therefore hereby rejected. 14. It is furthermore significant to submit that, the claim of these Petitioners for payment of remuneration for 12 months on par with Contract Faculty as per G.O.Rt.No.222, Higher Education [IE] Department, dated 05.09.2018 has no relevance. The system of hiring of personnel on Contractual basis is evolved in the year 2000 by G.O.Ms.No.143, Higher Education [IE.2] Department, dated 09.10.2000. These Contract Faculty are renewed every Academic year with the orders of the Government on attainment of prescribed bench mark of attainment of District Average or less 20% of District Average in his/her subject and that too renewed for a period of 10 months only in an Academic year i.e., from the day of reopening of Government Junior Colleges in the State on 1 st June and till the end of Academic year in the subsequent calendar year i.e., by the end of March as per the schedule prescribed in the Academic Organizer of Telangana State Board of Intermediate Education. As such, these Contract Faculty are also paid remuneration for a period of 10 months only in an Academic Year till recent times of emerging of G.O.Rt.No.222, Higher Education [IE] Department, dated 05.09.2018. Whereas, these Petitioners are covered under the category of Part-time Junior Lecturers on Hourly Basis and engaged irregularly by the Principals of Government Junior Colleges at that time contrary to rules and provisions against Act 2 of 1994 and they are engaged during the period of 1994 and so on. Moreover, these Part-time Junior Lecturers working on Hourly Basis do not have any bench mark of performance as merely continued as per the orders of Government for every Academic Year for 10 months on Hourly Basis. Whereas the system of hiring of personnel on Contractual basis which was launched in the year 2000 and the category of personnel working on Part-time basis are on different footing and cannot be brought into one fold by comparing unlike categories.” 6. G.O.Rt.No.95, Higher Education (I E/A1) Department, dated 25.06.2019, is extracted hereunder: “ In the reference read above, the Commissioner of Intermediate Education, Telangana, Hyderabad has submitted that the Vocational Part-Time Junior Lecturers are working in Vocational Courses and put long service are getting a consolidated pay of Rs.21,600/- P.M. only for 10 months, whereas Contract Faculty are getting 12 months payment of Honorarium in terms of G.O.Rt.No.222 HE (IE) Dept. Dated: 05.09.2018 and requested for payment of remuneration for 12 months to Vocational Part-Time Junior Lecturers also. 2. The Government after careful examination of the matter hereby accord permission to the Commissioner of Intermediate Education, Telangana State, Hyderabad for payment of remuneration for (12) twelve months (i.e., extending the G.O.Rt.No.222, HE (IE) Dept., dt. 5.9.2018) to the Vocational Part- Time Junior Lecturers. 3. The Commissioner of Intermediate Education, Telangana State, Hyderabad shall take necessary further action in the matter accordingly. 4. This order Issue with the concurrence of the Finance (HRM.VII) Department vide their U.O. o.14217/149/A1/HRM.VII/2019, dt. 16.04.2019.” DISCUSSION AND CONCLUSION: 7. Learned counsel appearing on behalf of the petitioners contends that the benefit extended vide G.O.Rt.No.95, dated 25.06.2019, pertaining to the payment of remuneration for (12) twelve months for Vocational Part-Time Junior Lecturers working on consolidated pay of Rs.21,600/- per month, is not being extended to the petitioners herein, despite several requests made by the petitioners. 8. Learned Assistant Government Pleader for Services-I, appearing on behalf of the respondents, placing reliance on the letter vide Lr.Rc.No.Voc.1/1683/2015, dated 28.10.2019, of the Commissioner of Intermediate Education, Telangana, Hyderabad, addressed to the Secretary to Government, Higher Education [IE] Department, Government of Telangana, Hyderabad, contends that the Commissioner of Intermediate Education had addressed a letter to the Government to issue modified orders for payment of remuneration to the Part-Time Junior Lecturers working on Hourly basis as consolidated pay instead of remuneration for 72 periods maximum per month, so as to implement the orders issued by the Government in G.O.Rt.No.95, Higher Education (IE/A1) Department, dated 25.06.2019, and also further addressed a letter vide Lr.Rc.No.Voc-1/1683/2015, dated 09.03.2019, to respondent No.1 herein. However, no action has been initiated as on date in this regard, and the Commissioner of Intermediate Education, Telangana, Hyderabad, had been informed vide Memo.No.6282/IE.A1/2019, dated 11.03.2022 of the Government that the request for Conversion of Part-Time Junior Lecturers who are working on hourly basis into consolidated basis for claiming the salary for 12 months instead of 10 months on par with others who come under G.O.Rt.No.95, Higher Education [IE.A1] Department, dated 25.06.2019, is not feasible for consideration as there is no justification, and accordingly, the request of the Commissioner of the Intermediate Education, Telangana, Hyderabad, dated 28.10.2019, was rejected. 9. 9. This Court opines that the benefit pertaining to the payment of remuneration for 12 months for Vocational Education at +2 Level i.e., Vocational Part-Time Junior Lecturers working on consolidated pay of Rs.21,600/- per month, is being provided as per G.O.Rt.No.95, dated 25.06.2019. A bare perusal of the letters of the Commissioner of Intermediate Education addressed to respondent No.1 vide Lr.Rc.No.Voc.1/1683/2015, dated 28.10.2019 and Lr.Rc.No.Voc-1/1683/2015, dated 09.03.2019, clearly indicate that respondent No.1 has to take necessary steps for the implementation of G.O.Rt.No.95, dated 25.06.2019, and the benefit to be provided to the Vocational Part-Time Junior Lecturers as per the said G.O. cannot be rejected stating that it is not feasible or on certain reasons as stated at paragraph Nos.12 and 14 of the counter-affidavit filed on behalf of respondent No.2 (referred to and extracted above). 10. This Court opines that there cannot be any rejection of the request of the petitioners unilaterally without assigning any reasons. 11. 10. This Court opines that there cannot be any rejection of the request of the petitioners unilaterally without assigning any reasons. 11. Taking into consideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Services-I, appearing on behalf of the respondents, and, (C) The averments made in the counter-affidavit filed on behalf of respondent No.2, and in particular paragraph Nos.11, 12 and 14 (referred to and extracted above), (d) The G.O.Rt.No.95, dated 25.06.2019, (referred to and extracted above), (e) The contents of the letter of respondent No.2 addressed to respondent No.1 for implementation of G.O.Rt.No.95, dated 25.06.2019, vide Lr.Rc.No. Voc.1/1683/2015, dated 28.10.2019, (f) The contents of the letter of respondent No.2 addressed to respondent No.1 vide Lr.Rc.No.Voc-1/1683/2015, dated 09.03.2019, (g) The fact as borne on record that no reasons are assigned in rejecting the request of the petitioners for implementation of G.O.Rt.No.95 dated 25.06.2019, This Writ Petition is allow ed, and the respondents are directed to reconsider the request of the petitioners for implementation of G.O.Rt.No.95, dated 25.06.2019, and for release of the benefits provided as per the said G.O. to the petitioners herein, in accordance to law, with effect from the date of issuance of the said G.O.Rt.No.95, dated 25.06.2019, w ithin a period of four (4) weeks from the date of receipt of a copy of this order, without reference to Memo No.6282/I E.A1/2019 Higher Education (IE) Department dated 11.03.2022, and pass appropriate reasoned orders on the subject issue, and duly communicate the decision to the petitioners. How ever, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed.