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Judgment
This writ petition is filed praying for the issuance of a writ of Ccrtiorary quashing the proceedings Rc.No.476/PC III-14/97 dated 10-2-1998 and consequently for a direction to the respondents to absorb the petitioner in the aided post of the Lab-Attefider from the date of completion of five years in the 4th respondent - College.
In the affidavit filed in support of the writ petition is stated that the petitioner lias been working since eleven years on a consolidated pay of Rs. 1,620/- per month and on 11-6-1996, four posts of aided Lab-Attendcrs fell vacant and two of the colleagues of the petitioner by names Venkatesh and Krishna Murthy have been absorbed on those aided posts, but the services of the petitioner have not been regularised. In these circumstances, the petitioner approached this Court in WP No.5947 of 1996 for regularisation and this Court disposed of the said writ petition with a direction, directing the respondent Nos.3 and 4 to consider the proposal sent by the management in accordance with the rules. In pursuance of the said direction, the respondent No.2 issued the proceedings No. LDis. No.3688/PC3-4/96 dated 3-1-1997. Questioning the said proceedings, the petitioner filed another writ petition in WP No.2495/I997. This Court vide judgment and order dated 1-1-1998 allowed the said writ petition and quaslied the proceedings No.L.Dis, No.3688/P.C3-4/96 dated 3-1-1997 and directed the respondent No.l therein i.e., the Commissioner of Collegiate Education, Secretariat, Hyderabad to consider the case of the petitioner in the light of the recommendations already made by the respondent No.4. Now the Director of Collegiate Education A.P., Hyderabad has issued the impugned proceedings Rc.No.476/ PC.11I-4/97, dated 10-2-1998, by which the request of the petitioner for regularisation in terms of G.O.Ms.No.212 dated 224-1994 is rejected.
The learned Counsel appearing for the petitioner contended that the impugned proceedings are illegal and without jurisdiction. He elaborated his arguments by contending that G.O.Ms.No.212 dated 22-4-1994 applies alsotothcprivateaidedinstitutions. Heinvited my attention to the proceedings of the Government dated 3-12-1997, vide G.O.Rt.No.1737 Education (CE-II) Department and also another proceedings dated 21-8-1998, vide No.UO Note No.24714-A/ 224/A3/PC.III of 98. He alternatively contended that the petitioner is entitled to the same wages similar to the others discharging the same duties on the basis of the principle of equal pay to equal work. For this proposition, he relied upon the judgment of the Supreme Court in K. Krishnamacharyulu and Others Vs. Sri Venkateswara Hindu College of Engineering and Another, and also the judgment of this Court in G. Geddamma u Government of Andhra Pradesh, 1997 (4) ALD214.
The only reason that is sought to be made out against tte petitioner by the impugned order is that G.O.Ms.No.212 dated 22-4-1994 is not applicable to the private aided colleges and, therefore, the petitioner working in the private aided college is not entitled to be regularised in terms of the said GO. The impugned order referred to Government Memo No.2406/CE H-2/94-4, dated 23-5-1995 and the same is extracted hereunder for immediate refcrcnce:-
"GOVERNMENT OF ANDHRA PRADESH
EDUCATION (CEII-2) DEPARTMENT
Memo.No.2406�EJI-2"44 Dated 23-5-1995 ____ Sub:-Suits-Judgment dated 16-12-94 in WP No.21838 of 1994 filed by Sri S. Maruti Rao and two others, Dharmavanth College of Science and Commerce, Yukutpura, Hyderabad for regularisation of their services - Reg. Ref: 1 :-From the High Court, Andhra Pradesh, Judgment dated 16-12-1994 in WPNo.21834ofl994. 2. From Sri S. Mantlhi Rao and two others representation, dated 31-12-1994.
In pursuance of the judgment of the Hon''blc High Court, Andhra Pradcsh, in the reference first cited, Government after careful examination of the representation of Sri S. Mantlhi Rao and two others in the reference second cited, are informed tliat their request to regularise their services in terms ofG.O.Ms.No.212, Finance, dated 12-4-1994 is hereby rejected on the ground that the above orders arc not applicable to the private aided colleges since they have a separate set of rules for recruitment and regularisation of their services and that the Dharmavanth College of Science and Commerce, Yakutpura, Hyderabad has no aided sanctioned posts of non-teaching staff for the petitioners.
This memo issues with the concurrence of Finance and Planning (FW PC-II) Department vide their UONo.l2339/Al/171/BC.III/95, dated 17-4-1995.
A. Vanajakshi, Secretary to Government."
From the above proceedings, it appears that the Government once clarified that G.O. Ms. No.212 was not applicable to the private aided colleges, on the ground that they have separate set of rules for recruitment. As against this, the learned Counsel for the petitioner brought to my notice a later proceedings of the Government dated 21-8-1998, vide proceedings UO Note No.24714-A/234/A3/ PC.m/98, which reads as under:
'' ''GOVERNMENT OF ANDHRA PRADESH
FINANCE & PLANNING (FW.PC.m) DEPARTMENT
UO Note.No.24714-A/224/A3/PC.III/98
Dated 21-8- \\ 998
Sub:-Regularisation of services of DW/ NMR/ Contingent employees working in private Aided Institutions - Clarification - Reg. Ref :-From Sri M. Balakrishnamma, Genl. Secy.. A.P. Teachers Federation Lr.No''773/98, Dated 2--98. ------ The attention of the Education Department are invited to the reference cited and they are informed that Sri M. Halakrishnamtna, General Secretary, Andhra Pradesh Teachers Federation, Hyderabad has represented to the Government in the reference cited, to extend the G.O.Ms.No 212, Fin dated 1994 to Aided Institutions also.
Government have examined the issue in detail and come to conclusion, that the private Aided Colleges/Schools which are funded by Government will have to follow all the relevant instructions issued by the Government from time to time and all the staff working in these Aided Institutions are Governed under Act 2 of 1994 and the rcgularisation of any slialt be made under the guidelines of G.O.Ms.No.212, Finance dated 22-4-1994 in case of full time employees {DW/NMR/Consolidated Pay/ Contingent employees) and G.O.(P) No.l 12, Finance dated 23-7-1997 in case of part-time employees.
The Education Department are requested to take further necessary action in the matter.
M. Sahoo, Secretary to Government (R&B)."
From these later proceedings dated 21-8-1998 it appears that the Government has changed its stand as to the applicability of the G.O.Ms.No.212 dated 1994. In the later proceedings, it has taken the view that G.O.Ms.No.212 is applicable to the private aided colleges/schools, which arc founded by (he Government and as such, such schools and colleges have to follow the Government instructions. From this it follows that the earlier clarification issued by the Government dated 23-5-1995 does not hold the field any longer. At any rate, I find that in the later G.O. dated 21-8-1998, there is substance and the reason for making G.O.Ms.No.212 applicable to the aided institutions. As per the judgments of the Supreme Court rendered from time to time, the institutions which are founded by the Government would be instrumentalities of the State. In other words, what the Government has to do with its OUTI funds, die other authorities or institutions are entrusted with the same duty by giving funds to them. In tliis view of the matter, the institutions which are financed by the Government funds have to follow G.O.Ms.No.212 dated 224-1994 and regularise the services of the persons, who fulfil the conditions of the said G.O. The Hon''ble Supreme Court in a Special Leave to Appeal (Civil) No.27275-27277/95, vide judgment and order dated 6-2-1998 has ruled, that whoever has completed five years of continuous service, would be entitled for regularisation in accordance with the terms ofG.O.Ms.No.2I2 dated 22-4-1994. For the sake of convenience, I am extracting the said judgment of the Supreme Court as under;
"We have heard the learned Counsel for the parties. These matters relate to regularisation and payment of wages to the respondents who were employed on daily wage basis. By the impugned judgment of the Division Bench of the High Court, while affirming with modification the order passed by the learned single Judge has directed that all empioyecs who have completed five years of continuous service should be considered for regularisation in accordance with the terms of G.O.Ms.No.212 dated April 22, 1994 and that they should be paid their wages at part with the wages paid to the permanent employees of that category. As regards payment of wages there is no dispute between the parties that the same have to be paid from the date of regularisation. In so far as regularisation is concerned, we are of the view that the High Court has rightly directed that on the basis of the Notification G.O.Ms.No.212, the respondent employees shall be regularised with effect from the date or dates, they completed five years of continuous service. It is, however, made clear that the other conditions laid down in the said G.O,Ms.No.212 will have to be satisfied for the purpose of regularisation. The special leave petitions are disposed of accordingly. Nocosts."
hi the impugned order, it is not disputed that the petitioner lias completed five years of service as Lab-Attender on consolidated pay basis and it is not the case of the respondents that the petitioner is not eligible for regularisation. Having regard to these circumstances, it follows that the petitioner is entitled for regularisation in terms of G.O.Ms.No.212 dated 224-1994. It appears that in G.O.Rt.No.1737 Education (C.E.I0 Department dated 3-12-1997, the G.O. Ms.No.212 was applied to the aided posts and accordingly, there was a direction to regularise the services of the persons working under the private management of V.R. College, Nellore. In this view of the matter, the writ petition has to succeed. In view of these conclusions, it is not necessary for me to discuss the other contentions of the learned Counsel for the petitioner on the principle of equal pay to equal work and also the judgments relied upon by him in support of this contention.
For the above reasons, I pass the order as under:
The writ petition is allowed, consequently, the impugned proceedings RC.No.476/PC. ffl-4/97 dated 10-2-1998 is hereby quashed, directing the respondents to regularise the service of the petitioner on the aided post of Lab-Attendcr in respondent No.4 college, within a period of four weeks from today. No costs.