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ఏ.పి రాష్ట్ర నిధులతో నడుస్తున్న ఉన్నత విద్యా సంస్థల్లో పనిచేస్తున్న బోధన, బోధనేతర సిబ్బంది క్రమబద్ధీకరణ ప్రపోజల్ని పరిశీలించాలని ఉత్తర్వులు విడుదల

 

 ఏ.పి రాష్ట్ర నిధులతో నడుస్తున్న ఉన్నత విద్యా సంస్థల్లో పనిచేస్తున్న బోధన, బోధనేతర సిబ్బంది క్రమబద్ధీకరణ ప్రపోజల్ని పరిశీలించాలని ఉత్తర్వులు విడుదల.*

 ■ Regularisation of teaching/non-teaching temporary staff working on Daily Wage/NMR or Consolidated Pay in the State funded Higher Educational Institutions - Examine proposal scrupulously in view of Act 2 of 1994, Orders of the Apex Court and various Act, Rules and Government Orders of State Government -Strict implementation - Orders - Issued G.O.RT.No. 91 Dated: 30-06-2021.

ORDER:

 

It is observed that the State funded Higher Educational Institutions under the administrative control of Higher Education Department have submitted various proposals to Government for regularisation of teaching or non-teaching temporary staff working on Daily Wage/NMR or Consolidated Pay in their institutions in violation of the provisions of Andhra Pradesh (Regulation of appointments to Public services and rationalisation  of  staff  pattern  and  pay  structure)  Act,  1994  (Act  2 of 1994),  cited  in  the  reference  2nd   and  various  judgements  of  the Supreme Court of India in the reference 3rd and 4th read above.

 

2.     In this regard, kind attention is invited to the Article 16 of the

Constitution of India, which reads as:

“16. Equality of opportunity in matters of public employment

 

(1) There shall be equality of opportunity for all citizens in matters relating to  employment or appointment to any office under the State”


 

3.     Further, Honble Supreme Court of India its judgement dated

21/02/2013 in the case of State of Orissa vs. Mamata Mohanty in Civil  Appeal  No.1272  of  2011  emphasized  on  the  settled  legal proposition that “the equality clause enshrined in Article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit; relevant portions para 18 and 19 of the Apex Court Order are extracted hereunder:

 

18. At one time this Court had been of the view that calling the names from Employment Exchange would curb to certain extent the menace of nepotism and corruption in public employment. But, later on, came to the conclusion that some appropriate method consistent with the requirements of Article 16 should be followed. In other words, there must be a notice published in the appropriate manner calling for applications and all those who apply in response thereto should be considered fairly. Even if the names of candidates are requisitioned from Employment Exchange, in addition thereto it is mandatory on the part of the employer to invite applications from all eligible candidates from the open market by advertising the vacancies in newspapers having wide circulation or by announcement in Radio and Television as merely calling the names from the Employment Exchange does not meet the requirement of the said Article of the Constitution.

 

19. Therefore, it is a settled legal proposition that no person can be  appointed  even  on  a  temporary or  ad  hoc  basis  without inviting applications from all eligible candidates. If any appointment is made by merely inviting names from the Employment Exchange or putting a note on the Notice Board etc. that will not meet the requirement of Articles 14 and 16 of the Constitution. Such a course violates the mandates of Articles 14 and 16 of the Constitution of India as it deprives the candidates who are eligible for the post, from being considered. A person employed in violation of these provisions is not entitled to any relief including salary. For a valid and legal appointment mandatory compliance of the said Constitutional requirement is to  be  fulfilled.  The  equality  clause  enshrined  in  Article  16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit.”


 

4.     As we are well aware that the judgments given by the Supreme Court is the Law of the land as they are binding under Article 141 of the Constitution of India. The Government felt that there is a dire need for reiterating the judgements of Apex Court, Acts and Orders of State Government of Andhra Pradesh with respect to regularization of services.

 

5.     The Honble Supreme Court in its judgment dated:10-4-2006 in

3595-2612 of 1999 in Umadevi Case held that for  regularization individuals  should  have  completed  10  years  of  continuous

service, but not under cover of orders of courts or of tribunals,

in a duly sanctioned vacant post and with possessing minimum requisite qualifications. The paras 15 and 53 in the judgment of Umadevi case are extracted hereunder:

 

15. We have already indicated the constitutional scheme of public employment in this country, and the executive, or for that matter the Court, in appropriate cases, would have only the right to regularize an appointment made after following the due procedure, even though a non-fundamental element of that process or procedure has not been followed. This right of the executive and that of the court would not extend to the executive or the court being in a position to direct that an appointment made in clear violation of the constitutional scheme, and the statutory rules made in that  behalf,  can  be  treated  as  permanent  or  can  be directed to be treated as permanent.

 

53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments)   as   explained   in   S.V.NARAYANAPPA (supra), R.N.NANJUNDAPPA (supra), and B.N. NAGARAJAN (supra), and referred to in paragraph 15 above, of duly qualified persons in duly sanctioned vacant posts might   have   been   made   and   the   employees   have continued to work for ten years or more but without the intervention of orders of courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one-time measure, the services of such irregularly appointed, who have worked for ten


 

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1 comment to ''ఏ.పి రాష్ట్ర నిధులతో నడుస్తున్న ఉన్నత విద్యా సంస్థల్లో పనిచేస్తున్న బోధన, బోధనేతర సిబ్బంది క్రమబద్ధీకరణ ప్రపోజల్ని పరిశీలించాలని ఉత్తర్వులు విడుదల"

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