THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.8849 of 2023
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"... to issue an order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering claim of the petitioner for regularization of their services retrospectively on completion of five years of continuous service in the department by implementing the orders passed by the Hon'ble Tribunal in O.A.No.3130 of 2016 dated 07.09.2016 is illegal, arbitrary and unconstitutional, apart from violative of Principles of Natural Justice and consequently to direct the respondents to consider the claim of the petitioners for regularization of their services retrospectively on completion of five years of continuous service in the department for the purpose of pension and pensioner benefits by implementing the orders passed by the Hon'ble Tribunal in O.A.No.3130 of 2016, dated 07.09.2016 and following the law laid down by the Hon'ble Apex Court in case of B.Srinivasulu Vs. Nellore Municipal Corporation in Civil Appeal No.6318 of 2015 dated 17.08.2015 and the judgment of this Hon'ble Court in W.P.No.33936 of 2011 and batch dated 02.05.2018 with all consequential benefits"
2. Heard Sri A.Malahar Rao, Learned Counsel appearing or the petitioners and Learned Government 2 SK,J W.P.No.8849 of 2023 Pleader for Services-II appearing for respondents. With the consent of Learned counsel on either side, this Writ Petition is disposed of at the admission stage.
3. It is the case of the petitioners that initially, they were appointed as daily wage workers through Employment Exchange and have completed more than 35 years of service. While so, the State Government has issued G.O.Ms.No.212, Finance & Planning Department, dated 22.04.1994, according to which, those who have completed five years of continuous service as on 25.11.1993, are entitled for regularization. When their cases were not considered for regularization, they approached the then A.P.A.T by filing O.A.No.5951 of 2012 and the same was disposed of on 21.08.2012 and directed the respondents to consider the case of the petitioners for regularization of services on completion of five years of service from the date of their initial appointment. In spite of the same, the respondents have not considered their cases. Hence, the Writ Petition.
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4. The grievance of the petitioners is that though they were fully qualified and eligible for regularization of their services as per G.O.Ms.No.212, dated 22.04.1994, the official respondents are not considering their cases for regularization.
5. Learned counsel appearing for the petitioners submits that as per the law laid down by the Apex Court in B.Srinivasulu Vs. Nellore Municipal Corporation (Civil Appeal No.6318 of 2015, dated 17.8.2015), and also as per the judgment rendered by this Court in W.P.No.33936 of 2011 & batch, dated 02.05.2018, the petitioners are entitled for regularization from the date on which they have completed five years of service. He further submits that though the Tribunal vide order dated 21.08.2012 in O.A.No.5951 of 2012 directed the respondents to consider the case of the petitioners for regularization of their services, the respondents have not complied with the same.
6. Learned Government Pleader appearing for the respondents does not dispute the law laid down by the 4 SK,J W.P.No.8849 of 2023 Apex Court in B.Srinivasulu Vs. Nellore Municipal Corporation (cited supra).
7. Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that the issue raised in this writ petition is squarely covered by the judgment of the Apex Court in B.Srinivasulu V/s. Nellore Municipal Corporation (cited supra).
8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the case of the petitioners from the date of completion of five years service in accordance with G.O.Ms.No.212, dated 22.4.1994 and regularize their services with retrospective effect only for the purpose of pensionary benefits, without monetary benefits, and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
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9. Miscellaneous petitions, if any, pending shall stand closed.
_____________________ JUSTICE K.SARATH Date:31.03.2023 bb