THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.16844 of 2021
ORDER
This writ petition is being disposed of at the admission stage with the consent of both parties.
2. This writ petition is filed seeking the following relief:
"...to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus directing the respondents, to regularize the service of the petitioner with retrospective effect from 25.11.1993 by extending the benefit of judgment of the Hon'ble Apex Court reported in the case of B.Srinivasulu Vs. Nellore Municipal Corporation, Nellore, AP i.e., Civil Appeal No.6318/2015 dated 17.8.2015 and judgment dated 2.5.2018 in WP. No. 33936/2011 and batch, by holding the action of respondents in not considering the case of the petitioner for retrospective regularization from 25.11.1993 in terms of law laid down by this Hon'ble Court in WP. No. 33936/2011 and batch dated 2.5.2018 as illegal, arbitrary, discriminatory and violation of Article 14 and 16 of Constitution of lndia and pass.."
3. Heard Sri Ch. Jagannatha Rao, learned counsel for the petitioner, and learned Government Pleaders appearing for the respondents.
4. It has been contended by the petitioner that he was initially appointed as Karobar on NMR basis during 1988 and after rendering considerable length of service, his services were regularized. The grievance of the petitioner is that though his services were regularized, the same is not considered from the date of completion of 5 years of service of his initial appointment.
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5. Learned counsel for the petitioner contends that the issue raised in this writ petition is squarely covered by the judgment of the Hon'ble Supreme Court in Civil Appeal No.6318 of 2015 (arising out of SLP(C) No.12432/2014) dated 17.08.2015 in B.Srinivasulu vs. Nellore Municipal Corporation. He further contends that admittedly petitioner has completed 5 years of service before cut off date i.e. 25.11.1993 and fulfilled all the conditions set out in G.O.Ms.No.212, dated 22.04.1994. Therefore, he contends that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for regularization of his services strictly in terms of G.O.Ms.No.212 dated 22.04.1994 by duly taking into account the judgment rendered by the Hon'ble Supreme Court in B.Srinivasulu's case (supra).
6. Learned Government Pleaders appearing for the respondents contend that let the petitioner submit a representation to the respondents seeking regularization of his services strictly in terms of G.O.Ms.No.212, dated 22.04.1994 and the judgment rendered by the Hon'ble Supreme Court in B.Srinivasulu's case, then the respondents would consider the same and pass appropriate orders in accordance with law.
7. This Court, having regard to the rival submissions made by the parties, is of the considered view that the writ petition can be disposed of directing the petitioner to submit a representation to the respondents seeking regularization of his services, and on such representation being made, the respondents shall consider the same strictly in terms of G.O.Ms.No.212, dated 22.04.1994 and also by duly taking into account the judgment rendered by the Hon'ble 3 AKS,J W.P.No.16844_2021 Supreme Court in B.Srinivasulu's case (supra) and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of copy of this order.
8. With the above observations, the writ petition is disposed of. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
_________________________ ABHINAND KUMAR SHAVILI, J 26.07.2020 vv