HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.42247 of 2017
ORDER:
This writ petition is filed seeking following relief:
"to issue a Writ Order or Direction particularly a Writ of Mandamus by calling for the records relating to the orders in G.O.Ms.No.533 Municipal Administration and Urban Development Department dated 29.11.2011 in respect of petitioners and set aside the same to the extent of not regularizing the services of the petitioners from the date of completion of five of service as NMR basis and not counting the NMR Service and absorbed service for retirement benefits including pensionary benefits contrary to the judgment of the Hon'ble Apex Court passed in Civil Appeal No.6318 of 2015, dated 17.08.2015 and consequently direct the respondents to regularize the services of the petitioners from the date when they have completed five years of service as NMR and count the entire service from the date of completion of five years for the purpose of counting for qualifying service for fixation of pension and other retirement benefits and extend all the pensionary benefits from the date of completion of five years of service on NMR basis by granting retrospective regularization."
2. Heard Sri V.Narasimha Charyulu, learned counsel representing Sri T.P.Acharya, learned counsel for the petitioners, learned Government Pleader for Services-III appearing on behalf of respondent No.1, learned Government Pleader for Services-III appearing on behalf of respondent No.2 and Sri T.Chandra Shekar Rao, learned Standing Counsel appearing on behalf of respondent No. 3.
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3. During the course of hearing, learned counsel for the petitioners submits that the issue raised in this Writ Petition is squarely covered by the orders passed by the Division Bench of this Court in W.P.No.1225 of 2016, dated 19.04.2017 and the same is not disputed by the learned Standing Counsel as well as learned Assistant Government Pleader appearing for the respondents.
4. In view of the above, the Writ Petition is allowed holding that the petitioners would be entitled to regularization of their services from the date they completed five years of service but would not be entitled to any monetary benefits in terms of arrears of pay. The petitioners would however be eligible for notional fixation of pay and seniority.
5. Accordingly, the Writ Petition is allowed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________________ JUSTICE J. SREENIVAS RAO Date: 30.10.2023 Smk