HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.40412 of 2018
ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the in action of the respondents in implementing the orders of the Hon'ble erstwhile A.P.A.T. in O.A.No.3304 of 2012, dated 14.11.2014 R/w Judgments in W.P.No.38063 of 2013, dated 24.07.2014 and W.P.No.39212 of 2015, dated 18.12.2017 as void, illegal, arbitrary and Articles 14 and 16 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners after completion of the five (5) years as per G.O.Ms.No.212, dated 22.04.1994 by implementing orders in O.A.No.3304 of 2012, dated 14.11.2014 R/w Judgments in W.P.No.38063 of 2013, dated 24.07.2014 and W.P.No.39212 of 2015, dated 18.12.2017 with consequential benefits and pass such other order or orders."
2. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioners and learned Standing Counsel for respondent No.4 that in similar circumstances, this Court allowed the Writ Petition No.38647 of 2022 by way an order dated 24.11.2022. A copy of the said order is placed on record. The operative portion of the said order reads as follows:
"Having regard to the fact that the petitioner herein is also on the same footing of the petitioner in W.P.No.558 of 2009, this writ petition is also allowed directing the respondents herein to 2 regularize the service of the petitioner herein from the date he completed five years of service. However, it is made clear that the petitioner is not entitled to any monetary benefit in terms of arrears of pay in view of G.O.Ms.No.212, dated 22.04.1994. However, the petitioner would be entitled for notional fixation of pay and seniority."
3. Following the above said order and for the reasons recorded therein, this writ petition is also allowed, in terms of the observations and directions given in W.P.No.38647 of 2022. There shall be no order as to costs.
4. Office to enclose a copy of the order, dated 24.11.2022, in W.P.No.38647 of 2022 to this order.
5. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand disposed of.
____________________________ JUSTICE E.V.VENUGOPAL Dated:27.02.2023 vsl 3 HONOURABLE SRI JUSTICE E.V.VENUGOPAL W.P.No.40412 of 2018 Dated: 27.02.2023 vsl