THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.619 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
26.02.2019 passed by the learned Single Judge in
W.P.No.25442 of 2018.
The undisputed facts of the case reveal that the writ
petition was preferred by the respondent/writ petitioner being
aggrieved by the inaction on the part of the employer in not considering/regularizing his case in terms of G.O.Ms.No.212, dated 22.04.1994 by taking into account the judgment rendered by the Hon'ble Supreme Court in the case of B. Srinivasulu v. Nellore Municipal Corporation in Civil Appeal No.6318 of 2015, dated 17.08.2015 and also orders passed by this Court in an identical case i.e, W.P.No.33936 of 2011 and batch, dated 02.05.2018.
A simple prayer was made by the learned counsel appearing for the writ petitioner before the learned Single Judge that the case of the writ petitioner be considered for regularisation keeping in view the judgment delivered in W.P.No.47828 of 2018, dated 30.01.2019 in terms of G.O.Ms.No.212 dated 22.04.1994. The learned Single Judge has simply directed the employer to consider the case of the writ petitioner keeping in view G.O.Ms.No.212, dated 2 22.04.1994 and the judgment delivered by the Hon'ble Supreme Court in the case of B.Srinivasulu (supra), however, has not directed regularization at any point of time. It is a direction to consider and pass appropriate order in accordance with law. The order passed by the learned Single Judge is reproduced as under:
"When the matter is taken up for hearing, learned counsel for the petitioner submits that the issue raised in the writ petition is squarely covered by a judgment of this Court dated 11.10.2018 in W.P.No.36733 of 2018 and contends that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for regularisation of his services on completion of five years service in accordance with G.O.Ms.No.212, dated 22.04.1994 with retrospective effect for the purpose of pensionary benefits, without monetary benefits and appropriate orders be passed.
Learned Government Pleader appearing for the respondents had not disputed the above said fact and contended that the issue raised in the writ petition is squarely covered by the above said judgment.
This Court, having considered the rival submissions of both the parties, is of the considered view that this writ petition can be disposed of in terms of the judgment in W.P.No.3673 of 2018 dated 11.10.2019 directing the respondents to consider the case of the petitioner for regularisation of his services in terms of G.O.Ms.No.212, dated 22.04.1994 and pass appropriate orders in accordance with law within a period of eight (08) weeks from the date of receipt of copy of this order.
With the above observations, the writ petition is disposed of. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed in consequence."
In the considered opinion of this Court, as the order has been passed only to consider the case of the writ petitioner in accordance with law, keeping in view G.O.Ms.No.212, dated 22.04.1994 and the judgment delivered in the case of B.Srinivasulu (supra), this Court does not find any reason to 3 interfere with the order passed by the learned Single Judge. The admission is declined.
Accordingly, the writ appeal is dismissed. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 24.11.2021 vs