Andhra Pradesh High Court - Amravati
M.Srinivasa Rao vs The State Of A.P on 23 August, 2024
1
APHC010366622022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY THIRD DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NOs:: 22180, 21579, 21585, 21587, 21588, 21589, 21591,
21597, 21604, 21606, 21609, 21677, 21697, 21699
21699, 22972 OF 2022, 28896
16862, 18832, 8768 and 13311 of 2021
2021, 24419, 23863,, 4976 of 2020
WRIT PETITION NO: 22180 OF 2022
Between:
G. Anjaneyulu, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K SRINIVASA PRASAD
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
COMMON ORDER:
-
Since the facts and issue involved in all the Writ Petitions,
Petitions I find it
expedient to decide these matters by a Common Order. For the sake of
convenience, W.P.No.22180 of 2022 is taken as leading case.
2. The case of the petitioners in W.P.No.22180 of 2022 in short is that
nted as NMRs in the year 1981 onwards in the 4th respondent
they were appointed
corporation and they were working without any break. While the matter stood
thus, the Government issued G.O.Ms.No.11, dated 20.01.2017 have
sanctioned 726 posts in the category of Field Assistants in Sericulture
Department on supernumerary basis for regularization of services full time
contingent employees, who have fulfilled the conditions stipulated in
Government orders vide G.O.Ms.No.212, dated 22.04.1994, G.O (P).No.112,
dated 23.07.1997 and G.O.Ms.No.11, dated 20.01.2017. Accordingly the
Commissioner of Sericulture, Guntur issued proceedings dated 08.02.2017
has distributed 2970 posts to the Ananthapur District to regularize the fill time
contingent employees in the District by giving temporary employment in the
category of Field Assistants. In view of the said G.Os, the services of the
petitioners were regularized by appointing them as Field Assistants in
Ananthapur District prospectively from the date of issue of orders without
granting retrospective regularization from the date of completion of five years
for counting of daily wage service rendered prior to their regularization of
services for the purpose of pension and pensionary benefits, without monetary
benefits, as regularization orders were issued after more than 25 years
service rendered by them on NMR basis. Further their probationary period
was also declared vide proceedings dated 12.06.2019 and some of the
petitioners were promoted as Technical Assistants from the category of Field
Assistant vide proceedings dated 26.03.2021. Therefore, the petitioners are
entitled retrospective regularization from the date of completion of five years,
hence the present writ petitions came to be filed.
3. Heard Mr. K. Srinivasa Prasad, Mr. P. Raghavendra Reddy, learned
counsel for the petitioners and learned Assistant Government Pleader,
Services-I; learned Assistant Government Pleader, Services-II for the
respondents.
4. During hearing learned counsel for the petitioners reiterated the
contents urged in the writ petitions and placed on record the decision of the
Hon'ble Division Bench of the composite High Court at Hyderabad in
"Government of A.P rep., by its Principal Secretary, PR and RD
Department, Hyderabad and Others v. N. Venkaiah and Others"1, wherein
it was held as follows:-
"53. On the above analysis, the writ petitions are disposed of directing the
authorities concerned to extend the benefit of B. Srinivasulu (1 supra) to the
employees in this batch of cases by reckoning their services from the date of
completion of five years in service, on or before 25.11.1993, for the purpose
of their pension and pensionary benefits. They shall however not be entitled
to actual monetary benefits for the said period, in the form of arrears of pay or
allowances."
5. So also, the Division Bench of this Court following the decision of N.
Venkaiah's case (cited supra) in "A.P.Bevarages Corporation Limited,
Vijayawada, Krishna District v. K. Kesava Narayana Reddy and Others"2,
wherein it was held as follows:-
"15. Following the Division Bench judgment in N. Venkataiah's 3case (supra),
we hold that the services of respondent Nos.1 to 60/ writ petitioners would be
deemed to have been regularized from the cut-off date, i.e 25.11.1993, for the
2018(4) ALT 6 (D.B)
2021(5) ALD 422 (AP) (DB)
2018(4) ALD 590 (DB)
purpose of fixation of pension and pensionary benefits. As held in the
aforesaid judgment, respondent Nos.1 to 60/ writ petitioners are not to be
given any monetary benefits in the form of arrears of pay or otherwise from
that date. Respondent Nos.1 to 60/ writ petitioners will be entitled to salary in
terms of G.O.Ms.No.31, dated 28.02.2017.
6. And also, the Division Bench of this Court also followed the decision
of N. Venkataiah's case cited supra in "The State of Andhra Pradesh rep.,
by its Principal Secretary, Agriculture & Corporation (Sericulture)
Department v. T.S.Gopalaiah"4, wherein it was held as follows:-
"12. We are of the considered opinion that ends of justice will be sub-served
in the present case by moulding the relief by providing that though the writ
petitioners would be deemed to have been regularized from the cut-off dated
i.e 25.11.1993 for the purpose of fixation of pension and pensionary benefits,
pension will be made available to them only from the date of filing of the writ
petition i.e from 19.02.2020.
7. Learned Assistant Government Pleaders for the respondents
vehemently opposed to allow the writ petitions.
8. Perused the record.
9. No doubt, the issue involved in these writ petitions are squarely
covered by an order of this Court as cited supra, where under this Court
passed several orders by following the decision of Hon'ble Apex Court and
also the Government issued G.Os by granting retrospective regularization for
the purpose of pension and pensionary benefits for the service rendered prior
to regularization of their services. It is further contended by the learned
counsel for the petitioners that in similar circumstances the Government
W.A.No.483, 2021, dated 05.08.2021
issued G.O.Rt.No.664, dated 10.07.2018 granting relief of retrospective
regularization in the case of employees working in Tirupati Muncipal
Corporation. The Government also issued another G.O.Ms.No.8, Water
Resources Department, dated 10.02.2020 extending the similar benefit to the
employees working in irrigation department and that the petitioners in this writ
petition also seeking similar relief for the said benefit.
10. Therefore, keeping in view of the ratio laid down by this Court in the
decisions cited supra, directing the respondents to regularize the services of
the petitioners with effect from the date of their completing their five year
continuous service, on or before 25.11.1993 retrospectively for the purposes
of their pension and pensionary benefits. They shall however not be entitled to
actual monetary benefits for the said period, in the form of arrears of pay or
allowances. The same order shall be applied in other writ petitioners in this
batch writ petitions also.
11. With the above direction, the batch of writ petitions is disposed of by
a Common Order. It is made clear that the directions contained in this order
shall be implemented within three (03) months from the date of receipt of a
copy of this order. There shall be no order as to costs.
The miscellaneous applications pending, if any, shall also stand closed.
______________________________
DR. JUSTICE K. MANMADHA RAO
Date: 23.08.2024
KK
