Duppala Srinivasa Rao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 5213 AP

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY

                       WRIT PETITION NO.19094 OF 2019

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India, claiming writ of mandamus to declare the action of the

respondents, particularly sixth respondent in not allowing the

petitioner to make his biometric attendance and to discharge duties

as Security Guard in the sixth respondent office is illegal, arbitrary

and contrary to fundamental rights guaranteed under Articles 14,

16 and 21 of the Constitution of India and violative of principles of

natural justice and consequently direct the respondents to continue

the services of the petitioner as Security Guard in the office of the

sixth respondent with all consequential benefits.

In the writ petition, the petitioner sought direction to

regularize his services. It is stated that he is working as Security

Guard.

However, from the counter affidavit, prima facie, it appears

that the Agricultural Market Committee has entered into agreement

with the seventh respondent - M/s. Fourview Security & HR

Services, for providing security service. The wages were paid in

terms of the agreement. There is no appointment of the petitioner

by the Market Committee.

Further, in view of the judgment of the Apex Court in State

of Uttar Pradesh v. Neeraj Awasti1, no direction can be given in

the absence of valid agreement to continue his services.

(2006) 1 SCC 667

However, at the end, learned counsel for the petitioner

requested to issue a direction to consider the request of this

petitioner vide representation date 30.09.2019. But, having found

that the petitioner is not entitled to claim writ of mandamus

regarding maintainability of the writ petition, the respondents may

pass appropriate order based on the representation dated

30.09.2019.

With the above, writ petition is disposed of. No costs.

Consequently, miscellaneous applications pending if any,

shall stand closed.

_____________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 14.12.2021

SP