M.C.S Reddy, Kurnool Dist. ... vs The Vice Chairman Managing ...
2021 Latest Caselaw 5234 AP

          THE HON'BLE SRI JUSTICE K. SURESH REDDY

                       WRIT PETITION NO.23538 of 2011


ORDER:

The petitioners filed the present writ petition seeking to

issue a Writ of Mandamus declaring the action of the

respondents in not regularizing the services of the petitioners

from the date of their initial appointment and regularizing

them w.e.f. 1.7.2009 i.e., after 7 years of completion of their

initial appointment as illegal and arbitrary. Consequently,

direct the respondents to regularize the petitioners from the

date of their initial appointment along with all service benefits

forthwith.

The learned counsel for the petitioners is seeking a

direction to regularize their services from the date of their

initial appointment or from completion of 240 days as

extended to other similarly situated persons.

The learned Standing Counsel for the respondent-

Corporation has opposed for absorption with retrospective

effect and place a reliance on The Divisional Manager,

APSRTC and others Vs. P. Lakshmoji Rao and Others.1

In P.Lakshmoji Rao and others (supra), the Apex

Court, after elaborate discussion, held that daily wagers have

no right to claim regularization from the date of initial

2004 (2) SCC 433 appointment itself especially in the absence of any rule.

However, if the establishment allowed some such directions to

operate and become final and any of such daily wager, junior

to others in the relevant seniority list of the Division/Region

have got the benefit of seniority and regularization by virtue of

such judgment that have become final, then the same shall

be given to those senior to them also.

In view of the above legal and factual aspects, the

petitioners have no right to claim regularization from the date

of their initial appointments. However, if any conductors and

drivers who are juniors to the petitioners have got the benefit

of seniority and regularization, the latter are also entitled to

get the same benefit on the same principle.

With the above direction and observation, the writ

petition is disposed of. No costs.

As a sequel, the miscellaneous applications, if any

pending, shall stand closed.

___________________________

K. SURESH REDDY, J 15.12.2021 BSP

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION.No.23538 of 2011 Dated:15.12.2021

BSP