Andhra Pradesh High Court - Amravati
Reddi Adinarayana vs The State Of Andhra Pradesh on 6 November, 2024
APHC010053442020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
WEDNESDAY ,THE SIXTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 3298 AND 3202 OF 2020
WRIT PETITION NO: 3298 OF 2020
Between:
M.N.V.D. Prasad, and Others ...PETITIONER(S)
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. G V SHIVAJI
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR IRRI AND CAD (AP)
The Court made the following:
COMMON ORDER:
-
Both the Writ Petitions are filed under Article 226 of the Constitution of
India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of
mandamus directing the respondents herein to extend the same benefits of
regularization by counting service rendered by petitioners prior to regularization with
effect from the date on which the petitioners completed in 5 years as per the
Judgment of the Hon'ble Supreme Court in B. Srinivasulu v. Nellore Municipal
corporation, by following earlier Judgment in A.Manjula Bashini v. Managing Director,
A.P.Women's CFC Ltd. (2009 (8) SCC,. Pg. 431) and also the Judgment of a Division
Bench of this Hon'ble Court in W.P.No.33936 of 2011 and batch and in the case of
Government of India v. N. Venkaiah and Others on par with the similarly situated
candidates in W.P.No.4697 of 2007, dipsoed of vide Award dated 14.12.2019 in
National Lok Adalat, High Court of A.P in the interest of justice and pass such other
orders...."
2. Heard Mr. G.V.Shivaji, learned counsel for the petitioners, who
appeared virtually and Mrs. Sudeepti Potluri, learned Assistant Government
Pleader, Irrigation and Services-IV for the respondents.
3. These Writ Petitions arise out of the same issue and therefore are
being disposed of by a common order.
4. During hearing learned counsel for the petitioners categorically
submitted that in similar circumstances of this case, W.P.No.4697 of 2007 is
settled before the Lok Adalath and passed Award 14.12.2019, wherein
learned Government Pleader for Irrigation, so also, learned counsel for the
petitioner submitted that the issue involved therein is squarely covered by an
order of Hon'ble Apex Court in Special Leave to Appeal (c) No.12432 of 2014,
dated 17.08.2015, in the case of "B.Srinivasulu and Others v. The Nellore
Municipal Corporation" and also brought to the notice of this Court that
following the said order, Division Bench of this Court also allowed the
W.P.No.33936 of 2011 and batch in the case of "Government of Andhra
Pradesh v. N. Venkaiah and Others" and following the orders cited supra,
passed Award in Lok Adalath with a direction to the respondents to regularize
the services of the petitioners from the date of completion of five years
continuous service, as was held in the case of "District Collector/
Chairparson and Others v. M.L.Singh and Others" 1. The said Award is
squarely applicable to the facts of this case and requested to pass similar
order in these writ petitions also.
5. Learned Assistant Government Pleader for the respondent fairly
conceded the same.
6. Recording the submissions of both the counsel, this Court opined that
the subject matter involved in these writ petitions are squarely covered by a
National Lok Adalath Award dated 14.12.2019.
7. Accordingly, the Writ Petitions are disposed of, while directing the
respondents to regularize the services of the petitioners from the date of
completion of five years continuous service in terms of the decisions cited
supra, within three (03) months from the date of receipt of a copy of this order.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand
closed.
_______________________
DR.K. MANMADHA RAO, J
Date: 06.11.2024
KK
2009(8) SCC 480
