M.D.Ismail vs. The State Of Andhra Pradesh

SMT. JUSTICE T. RAJANI

WRIT PETITION No.3681 OF 2020 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents, particularly 4th respondent, in orally terminating the services of the petitioner as contract lecturer, Government Degree College, Rayachoty, on the ground of attaining the age of superannuation on 30.1.2020, as illegal.

2. Heard the counsel for the petitioner and the Government Pleader for Higher Education appearing for the respondents.

3. The counsel for the petitioner submits that against noncontinuation of the contract lecturers beyond the age of 58 years, as was done in the case of regular employees, one of the employees approached the A.P. Administrative Tribunal at Hyderabad by way of filing O.A.No.800 of 2019 and the Tribunal by virtue of the order in the said O.A., directed the respondents to continue the applicant therein as contract lecturer till he attains the age of 60 years with same terms of remuneration. As the said order was not implemented by the respondents, the applicant in the O.A., filed Writ Petition No.11163 of 2019 and a Division Bench of this Court by virtue of the order dated 12.9.2019 directed the respondents therein to implement the order dated 16.5.2019 passed by the Tribunal in O.A.No.800 of 2019 and to take appropriate action in terms of the order of the Tribunal. Subsequent to the said order, the Government issued G.O.Rt.No.187, Higher Education (C.E.) Department, dated

18.11.2019 renewing the services of certain contract lecturers working in Government Degree Colleges along with 14 contract lecturers working in Private Aided Oriental Degree Colleges for the academic year 2019-20. The same benefit is not extended to the petitioner, in spite of the fact that he is also eligible for the same benefit. The Government Pleader, on the other hand, submits that there is no termination of the petitioner. Even according to the petitioner, it is only an oral termination.

4. Recording the submission of the Government Pleader and considering the fact that the benefit of continuation of services till the age of 60 years is extended to similarly placed employees, the 2nd respondent is directed to consider the representation of the petitioner dated 03.2.2020, keeping in view G.O.Rt.No.187, dated 18.11.2019, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition, with the above direction, is disposed of. As a sequel, miscellaneous petitions pending consideration if any in the writ petition shall stand closed.

___________________ SMT T. RAJANI, J

February 17, 2020. YS