Andhra Pradesh High Court - Amravati
G.C. Madhu Prasad vs The State Of Ap., on 20 September, 2024
1
APHC010116792022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NOS:: 7178 OF 2022,, 8759 of 2020, 6296 of 2021, 17110,
28141, 28151 and 36641 of 2022
WRIT PETITION NO: 7178 OF 2022
Between:
Smt.E.Varalakshmi ...PETITIONER
AND
The State off Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P RAGHAVENDRA REDDY
Counsel for the Respondent(S):
1. P C REDDY (SC FOR SERVICE MUNICIPALITIES RR, NELLORE)
2. GP FOR SERVICES IV
3. 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.7178 of 2022 is taken as leading case.
2. The case of the petitioner in W.P.No.7178 OF 2022 in short is that
the husband of the petitioner was initially appointed in the year 1986 in
Dharmavaram Municipality as Public Health Worker on daily wage basis.
While the petitioner husband working as such, her husband services were
regularized along with other workers vide G.O.Rt.No.1201, MA and UD
Department, dated 21.10.2010 in the said G.O the name of the husband of the
petitioner was shown at Sl.No.2, prospectively from the date of issue of
orders, instead of retrospective regularization from the date of completion of 5
years or with effect from 25.11.1993 for counting of pre-absorbed service for
the purpose of pension and other retiremental benefits. In similarly situated
persons have been regularized in various departments by virtue of orders of
Hon'ble Apex Court and this Court. Therefore, the petitioners have requested
the respondents to extend the same benefit to them. In view of various G.Os,
the services of the petitioners can be regularized by appointing them in
respective cadres 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. 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. 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 submitted that the batch matters are
squarely covered by Common Order of this Court dated 23.08.2024 in
W.P.No. 22180 of 2022 and requested to pass similar order in this writ petition
also. Further he relied on a 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:-
2018(4) ALT 6 (D.B)
2021(5) ALD 422 (AP) (DB)
"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.,
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
2018(4) ALD 590 (DB)
W.A.No.483, 2021, dated 05.08.2021
to regularization of their services. It is further contended by the learned
counsel for the petitioners 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 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, all the writ petitions are 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: 20.09.2024
KK
