Andhra Pradesh High Court - Amravati
The Union Of India vs K Sateesh on 16 December, 2021
HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: W.P.No.28326 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
2. 16.12.2021 CPK,J & Dr.KMR,J Tr. to I-
O
folder
W.P.No.28326 of 2021
before
Notice before admission. correcti
ons if
Learned counsel for the petitioners is permitted
any.
to take out personal notice to the respondents by Pl.verif
y.
Registered Post with Acknowledgement Due and file
proof of service.
As seen from the record, an order came to be
passed in T.A.No.2 of 2013 dated 01.12.2014, wherein a
direction was given to the respondents to extend the
same benefit as granted to the applicants in
W.A.No.2560 of 2005 vide judgment dated 09.10.2014,
to the applicants herein if they are similarly situated.
Before proceeding further, it has to be noted that in
W.A.No.2560 of 2005 this Hon'ble Court held that the
appellants shall be deemed to have been converted from
part time casual labourers to full time casual labourers
and then conferred with temporary status, from
30.06.2004. Further the Court held that they shall be
deemed to have been regularized w.e.f. 01.07.2007.
However, it was held that they will not be entitled to
any arrears of salary on account of such measures and
that they shall be paid salary as regular employees
w.e.f 01.11.2014.
A review of the said order came to be filed in
Review Petition No.190 of 2015. A Bench of this Court
disposed of the review petition modifying the order to
the extent of regularizing services w.e.f.01.07.2007. At
that stage W.P.No.2535 of 2015 came to be filed by the
Union of India and three others seeking to set aside the
order passed in T.A.No.1 of 2013, which was disposed of
in terms of the order by the Division Bench of this Court
in W.P.No.41120 of 2014 dated 31.12.2014. In order to
appreciate the matter, it would be appropriate to refer
the matter passed in W.P.No.41120 of2014, the
operative portion of which reads as under:
"Accordingly, the Writ Petition is disposed of
directing the petitioners herein to take appropriate
decision for absorption for respondent
No.2/applicant as Regular Majdoor, as per his
eligibility and existing vacancies in terms of the
scheme, if any, available within a period of eight(8)
weeks from the date of receipt of a copy of this
order. There shall be no order as to costs."
Thereafter, the petitioner is said to have made a
representation in terms of the order passed and the
appellants herein passed a detailed order rejecting the
request of the petitioner in terms of the High Court
direction as it does not appear to be a fit case for
regularization. The said order according to the learned
counsel for the petitioner, Sri K.Narsireddy, has become
final. Without challenging the said order, another O.A.
came to be filed for regularization of the service of the
petitioner, which was allowed on 02.02.2021. It is
stated that a Contempt Case is now moved before the
Tribunal for implementation of the order.
Having regard to the facts narrated above, prima
facie it indicates that the order passed by the Authority
in not regularizing the services of the petitioner has
attained finality, there shall be interim suspension of
the order impugned herein, for a period of six weeks.
List on 20.01.2022.
__________
CPK, J
__________
Dr.KMR, J
Note:
Issue C.C. on 17.12.2021
B/o.
Pab
