Telangana High Court
P.Kistaiah vs The Commissioner Municipal ... on 26 July, 2021
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.16844 of 2021
ORDER
This writ petition is being disposed of at the admission stage
with the consent of both parties.
2. This writ petition is filed seeking the following relief:
"...to issue a Writ, Order or Orders more particularly one
in the nature of Writ of Mandamus directing the
respondents, to regularize the service of the petitioner
with retrospective effect from 25.11.1993 by extending
the benefit of judgment of the Hon'ble Apex Court
reported in the case of B.Srinivasulu Vs. Nellore
Municipal Corporation, Nellore, AP i.e., Civil Appeal
No.6318/2015 dated 17.8.2015 and judgment dated
2.5.2018 in WP. No. 33936/2011 and batch, by holding
the action of respondents in not considering the case
of the petitioner for retrospective regularization from
25.11.1993 in terms of law laid down by this Hon'ble
Court in WP. No. 33936/2011 and batch dated 2.5.2018
as illegal, arbitrary, discriminatory and violation of
Article 14 and 16 of Constitution of lndia and pass.."
3. Heard Sri Ch. Jagannatha Rao, learned counsel for the
petitioner, and learned Government Pleaders appearing for the
respondents.
4. It has been contended by the petitioner that he was initially
appointed as Karobar on NMR basis during 1988 and after
rendering considerable length of service, his services were
regularized. The grievance of the petitioner is that though his
services were regularized, the same is not considered from the date
of completion of 5 years of service of his initial appointment.
2 AKS,J
W.P.No.16844_2021
5. Learned counsel for the petitioner contends that the issue
raised in this writ petition is squarely covered by the judgment of the
Hon'ble Supreme Court in Civil Appeal No.6318 of 2015 (arising out
of SLP(C) No.12432/2014) dated 17.08.2015 in B.Srinivasulu vs.
Nellore Municipal Corporation. He further contends that admittedly
petitioner has completed 5 years of service before cut off date i.e.
25.11.1993 and fulfilled all the conditions set out in G.O.Ms.No.212,
dated 22.04.1994. Therefore, he contends that appropriate orders
be passed in the writ petition directing the respondents to consider
the case of the petitioner for regularization of his services strictly in
terms of G.O.Ms.No.212 dated 22.04.1994 by duly taking into
account the judgment rendered by the Hon'ble Supreme Court in
B.Srinivasulu's case (supra).
6. Learned Government Pleaders appearing for the
respondents contend that let the petitioner submit a representation
to the respondents seeking regularization of his services strictly in
terms of G.O.Ms.No.212, dated 22.04.1994 and the judgment
rendered by the Hon'ble Supreme Court in B.Srinivasulu's case, then
the respondents would consider the same and pass appropriate
orders in accordance with law.
7. This Court, having regard to the rival submissions made by the
parties, is of the considered view that the writ petition can be
disposed of directing the petitioner to submit a representation to
the respondents seeking regularization of his services, and on such
representation being made, the respondents shall consider the
same strictly in terms of G.O.Ms.No.212, dated 22.04.1994 and also
by duly taking into account the judgment rendered by the Hon'ble
3 AKS,J
W.P.No.16844_2021
Supreme Court in B.Srinivasulu's case (supra) and pass appropriate
orders in accordance with law, within a period of three months from
the date of receipt of copy of this order.
8. With the above observations, the writ petition is disposed of.
No costs.
Pending miscellaneous petitions, if any, shall stand closed.
_________________________
ABHINAND KUMAR SHAVILI, J
26.07.2020
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