HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION (TR) No.4759 OF 2017
ORDER:
This writ petition is filed with the following prayer "to declare that the applicants are entitled for regularization of their services in view of their length of service since they have completed more than 26 and 24 years of service respectively uninterruptedly as per the law laid down by the Hon'ble Supreme Court of India followed by the Hon'ble High Court of A P by conferring all consequential benefits and challenging the action of the respondents in not paying the salaries / wages for the months of June and July 2015 though they have been discharging their duties regularly as illegal arbitrary and unconstitutional being violative of Articles 14 16 21 of Constitution of India and consequently direct the respondents to pay the arrears of salaries and continue to pay the same."
2. Today when the matter has been taken up for hearing, learned counsel for the petitioners submits that the then Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') passed interim order, dated 26.08.2015, which reads as under:
"In view of the above, the 4th respondent is directed to pay the salaries to the applicants from the month of June,2015, if they are working and their salaries are not paid by now."
3. Learned counsel for the petitioners further submits that subsequent to the Tribunal Order dated 26.08.2015, the petitioners are continuing services and receiving the salaries as on date.
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4. Learned counsel for the petitioners submits that in similar circumstance the Hon'ble Division Bench of this Court in WA.Nos.614 of 2004 and batch dated 17.09.2013 has passed the following order:-
"In that view of the matter, even if the respondents are not entitled to be regularized in terms of G.O.Ms.No.212, dated 22.04.1994 in as much as they have not completed five years' service as on the cut off date 22.04.1994, however, as they have put in more than 16 to 20 years service their services are liable to be entitled to be regularized in terms of the judgments of the Apex Court as stated supra. A perusal of the impugned order clearly reflects that the learned single Judge properly considered all the aspects of the matter under the impugned order, but however directed to regularise the services of such employees immediately after completion of five years. For the reasons discussed herein above, and having due regard to the facts and circumstances of the case, and, having regard to the law laid by the Apex Court, the appellants are directed to take steps as expeditiously as possible for regularization of the services of the respondents preferably within a period of 3 months. Subject to the above modification, the Writ Appeals are liable to be dismissed.
In the result, the Writ Appeals are dismissed. Miscellaneous petitions if any pending consideration shall stand dismissed. There shall be no order as to costs."
Learned counsel for the petitioner further submits that the respondent authorities may consider the petitioners case in terms of orders passed in WA.Nos.614 of 2004 and batch dated 17.09.2013 within a time bound period.
5. Learned Government Pleader for Services-II submits that the respondent authorities may be directed to consider the petitioner case in terms of the order dated 17.09.2013 in WA.Nos.614 of 2004 and batch and pass appropriate orders in accordance with law.
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6. In view of the submission made by the learned counsel on either side, this Writ Petition(TR) is disposed of; with a direction to respondents authorities to consider the petitioners case in terms of the order passed in WA.Nos.614 of 2004 and batch and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of copy of this order and communicate the same to the petitioners.
7. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
__________________________ N.V.SHRAVAN KUMAR, J 21.04.2023 MNV/SU Note: Registry is directed to annex the order copy of Writ Appeal Nos.614 of 2004 and batch, dated 17.09.2013 to this order.
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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION (TR) No.4759 OF 2017 Dated: 21.04.2023 mnv/su