Andhra Pradesh High Court - Amravati
B.Masthan Reddy vs The State Of Ap And Others on 18 September, 2024
1
APHC010103762020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
WEDNESDAY ,THE EIGHTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NOs: 6389, 7077, 7118, 7133, 7205, 7335, 8100 of 2020
Between:
B.masthan Reddy ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P RAGHAVENDRA REDDY
Counsel for the Respondent(S):
1. D.KASIM SAHEB(SC FOR MUNICIPALITIES SERVICE-
22188/AP/823/2002
2. K SREEDHARA MURTHY (SC for Municipalities and Municipal
Corporation services)
3. GP FOR MUNCIPAL ADMN URBAN DEV
The Court made the following:
COMMON ORDER:
-
Since the facts and issue involved in all the Writ Petitions, I find it
expedient to decide these matters by a Common Order. For the sake of
convenience, W.P.No.6389 of 2020 is taken as leading case.
2. The case of the petitioner in W.P.No.6389 of 2020 in short is that
petitioner was initially appointed as NMR on 1.2.1987 in the 4th respondent
corporation. Subsequently proposals were sent to the Government by the 3rd
respondent vide Roc.No.11358/2010/M3, dt.12.08.2010 for regularization of
the eligible NMRS working in Tadepalli Municipality including petitioner and
petitioner name is shown at Sl.No.2 in the proposals. Thereafter, the
Government issued GORT. No.1495, MA & UD Dept., dt.28.12.2010
regularizing petitioner services as Bill Collector and consequential orders were
issued by the 3rd respondent vide Roc. No.11358/2010/M3 dt.11.1.2011. As
such, petitioner services were regularized with prospective with affect i.e, from
the date of proceedings, though petitioner is entitled for regularization services
from the date of completion of 5 years of service. Meanwhile the petitioner has
been transferred from Tadepalli Municipality to Piduguralla Municipality and
subsequently from Piduguralla Municipality to Mangalagiri Municipality, Guntur
district. While the petitioner is working in Mangalagiri Municipality, he was
retired from services on attaining the age of superannuation on 30.06.2019.
Accordingly the petitioner has submitted a representation dt.31.07.2019 for his
retirement benefits, but the officials informed that petitioner is not entitled for
any retirement benefits including pension since petitioner service was
regularized in the year 2011 and as such petitioner will not get any retirement
benefits. The petitioner further submits that the Hon'ble Supreme Court in Civil
No.6318/2015 held that the individuals are entitled for regularization of their
services from the date of completion of 5 years of service, but the said benefit
is not being extended to the petitioner on the sole ground that he has not
obtained orders from the Hon'ble High Court. It is stated that recently the
combined Hon'ble High Court of Andhra Pradesh in a Batch of WPs i.e WP
No.33936/2011 & Batch dt.2.5.2018 held that all the petitioners therein are
entitled for retrospective regularization for counting the NMR services form
25.11.1993 for the purpose of pensionary benefits without any monetary relief.
The petitioner further submits that, he requested the authorities for similar
relief for which they said that "unless and until you obtains from the court
orders for retrospective regularization you cannot get such benefit." It is
further submitted by the petitioner that in similar circumstances, the
Government issued GORt.No.664 MA & U D Dept., dt.10.7.2018 granting
relief of retrospective regularization in the case of employees working in
Tirupathi Municipal Corporation. The Government also issued another
G.O.Ms. NO.8, Water Resources Department dt.10.02.2020 extending the
similar benefit to the employees working in irrigation department. Now
petitioner is also seeking similar relief for the said benefit, hence the present
writ petitions came to be filed.
3. Heard Sri.P.Raghavendra Reddy, learned counsel for the petitioner
and learned Assistant Government Pleader for Municipal Administration Urban
Development and Sri.K.Sreedhara Murthy, learned Standing Counsel for
Municipalities and Municipal Corporation Services for the respondents.
4. On hearing learned counsel for the petitioner 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 reported 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
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.,
2018(4) ALT 6 (D.B)
2021(5) ALD 422 (AP) (DB)
2018(4) ALD 590 (DB)
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. Per contra, 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.
10. It is the contention of the learned counsel for the petitioner that, in
similar circumstances, the Government issued G.O.Rt.No.664, dated
10.07.2018 granting relief of retrospective regularization in the case of
employees working in Tirupati Municipal 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
W.A.No.483, 2021, dated 05.08.2021
department and that the petitioner in this writ petitions also seeking similar
relief for the said benefit.
11. Therefore, keeping in view of the ratio laid down by this Court in the
decisions cited supra, the respondents are directed to regularize the services
of the petitioners with effect from the date of their completing five (5) years
continuous service, on or before 25.11.1993 retrospectively, for the purposes
of their pension and pensionary benefits, within three (3) months from the date
of receipt of a copy of this order. It is made clear that they shall however not
be entitled to actual monetary benefits for the said period, in the form of
arrears of pay or allowances.
12. With the above direction, all the writ petitions are disposed of. There
shall be no order as to costs.
The miscellaneous applications pending, if any, shall also stand closed.
______________________________
DR. JUSTICE K. MANMADHA RAO
Date: 18.09.2024
RSD
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NOs: 6389, 7077, 7118, 7133, 7205, 7335, 8100 of 2020
Date: 18.09.2024
RSD
