THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.337 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
29.10.2018 passed by the learned Single Judge in W.P.No.2461 of
2011, by which the writ petition has been dismissed.
The undisputed facts of the case reveal that the appellants
before this court, who are entitled to be considered for
regularisation, keeping in view B.P.Ms.No.36 dated 18.05.1997,
earlier also came up before this court and this court, while passing
an order dated 04.03.2009 in W.P.No.9256 of 2001, has directed
the respondents to consider their case for regularisation keeping in
view B.P.Ms.No.36 dated 18.05.1997. The learned Single Judge has dismissed the subsequent writ petition i.e., W.P.No.2461 of 2011, on the ground that B.P.Ms.No.36 dated 18.05.1997 was withdrawn in 2006.
In the considered opinion of this court, mere withdrawal of B.P.Ms.No.36 dated 18.05.1997 subsequently will not deprive the appellants the right of consideration, as other identically placed persons were considered and regularised on account of B.P.Ms.No.36 dated 18.05.1997.
Therefore, the order passed by the learned Single Judge is set aside. The learned Single Judge is directed to decide the writ petition on merits at an early date. The parties shall appear before the learned Single Judge on 27.12.2021. Office is directed to list 2 W.P.No.2461 of 2011 before the learned Single Judge having roster on 27.12.2021.
With the aforesaid, the writ appeal stands disposed of. Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 23.11.2021 JSU