No Retrospective Regularisation for Junior Lecturers: HC

Hyderabad:A two-judge panel of the Telangana High Court held that the service of junior college lecturers could only be regularised prospectively under the applicable government policy. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin was dealing with an appeal filed by the state against an order of the writ court which directed notional regularisation of lecturers from the date of completion of five years of service or availability of vacancies. The case arose from claims by lecturers appointed between 1987 and 1992 in junior colleges, who contended that despite working for over two decades, their services were not regularised on par with others. They approached the service tribunal in 2016 seeking regularisation and consequential benefits. The writ court, allowing their plea in part, directed the state to regularise their services notionally from the date of completion of five years of service or from the date of availability of vacancies, whichever was later, taking into account their service and the fact that some of them retired without receiving benefits. Challenging this, the state argued that the lecturers themselves sought regularisation under government order which clearly provides for only prospective regularisation from the date of issuance of orders. It was contended that the lecturers did not fulfil the eligibility criteria under the earlier government order which required completion of five years of service within the prescribed cut-off date. The panel accepting the contentions of state held that the single judge erred in applying the provisions of the 1994 government order to grant retrospective benefits when the lecturers themselves sought relief under the 2016 policy. It observed that the lecturers approached the tribunal only in 2016 and remained conscious of not meeting the criteria under the earlier scheme. The court noted that the lecturers were regularised in 2022 under the 2016 government order and that such regularisation was expressly prospective in nature. Setting aside the direction for retrospective regularisation, the panel allowed the appeal to that extent, while clarifying that the existing regularisation granted to the lecturers would continue.Plea claims illegal construction in schoolJustice Juvvadi Sridevi of the Telangana High Court admitted a writ petition alleging illegal construction of shops within the premises of a zilla parishad high school in Mahbubnagar district. The judge was dealing with a writ petition filed by Diddikadi Gopal, challenging the action of the respondent authorities in allegedly undertaking construction of a shopping complex comprising mulgies/shops on land belonging to school without obtaining statutory permissions or approvals from competent authorities, including the gram panchayat. The petitioner sought a direction for a thorough and independent enquiry into alleged irregularities and misappropriation of around `1.5 crore by the headmaster, in connection with the construction activity. According to the petitioner, a resident of the village, the construction was unauthorised, violated due process of law, and amounted to unlawful use of school property. He contended that no permission was granted by the gram panchayat and that illegal construction activity was ongoing. On the other hand, the respondents disputed the allegations, stating that no new construction was being undertaken. It was pointed out that four shops earlier existing at the site were demolished as part of National Highway works and that the present activity pertains only to structures within an already existing shopping complex. The respondents questioned the locus of the petitioner. The headmaster, in his communication, stated that the works were being carried out within the existing complex. Taking note of the rival contentions, the Court directed the respondents to file their counter affidavits and posted the matter for further hearing.Woman in cheating case gets bailThe Telangana High Court granted anticipatory bail to a woman accused of cheating of investors of `78.5 lakh through a high-return trading scheme, noting that she was a nursing mother of a 14-month-old child. The judge was hearing a criminal petition filed by Vamshi Priya, seeking anticipatory bail in a case registered at the Nagole police station under the Depositors Act. According to the prosecution, the complainant was allegedly induced to invest in a venture called “VR Trading” on assurances of a guaranteed 10 per cent monthly return. The accused and others are said to have persuaded investors through repeated follow-ups and promotional events, leading the complainant to invest `78.5 lakh, of which a substantial portion was allegedly not returned. Counsel for the petitioner submitted that she had a limited role in the business and emphasised her personal circumstances. Taking note of her condition and without examining the merits of the allegations, the court granted pre-arrest bail.



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