Telangana High Court
Sri. Purugula Sammaiah vs The State Of Telangana on 23 November, 2021
Bench: Abhinand Kumar Shavili
HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.P.No.29627 OF 2021
ORDER:
This Writ Petition is filed seeking the following relief:
"to issue a writ or order or direction, more particularly one in the nature of writ of mandamus
declaring the action of the respondents in not regularizing the services of the petitioner as Lab
Attender with regular time scale of pay fixed to the post of the Lab Attender (vocational) in the
Government Junior College though the petitioner has completed 27 years of service in the
sanctioned post is arbitrary, illegal, unjust and violation of Articles 14, 16 and 21 of the
Constitution of India and law laid down in the judgment of Secretary, State of Karnataka and
others Vs Umadevi and others reported in 2006(4) SCC 1 and State of Punjab vs Jagjith Singh
reported in 2017 (1) SCC 148, consequently direct the respondents to regularize the services of
the petitioner from the date of his respective appointment and to pay all attendant
consequential and ancillary benefits including all pay and allowances as applicable on par with
the Regular Lab Attendants by extending the benefit of the law laid down in the Judgment
reported in 2006 (4) SCC 1 in the interest of justice."
02. Heard Smt Jurispath, learned counsel for the petitioner, and
learned Government Pleader for Higher Education appearing for the
respondents.
03. The grievance of the petitioner is that he is working as Lab
Attender (vocational) with the respondents and though he has put in
27 years of service, the respondents are not regularizing his services
nor extending the time scale of pay attached to the post of Lab
Attender.
04. Learned counsel appearing for the petitioner contended that
though the issue as to whether temporary employees are entitled to
regular time scale of pay attached to the post of Lab Attender, was
adjudicated by the Apex Court in State of Punjab vs. Jagjith Singh1,
the respondents are not extending the same to the petitioner.
Learned counsel further contended that appropriate orders be
passed in the writ petition directing the respondents to extend
2017 (1) SCC 148
minimum time scale of pay attached to the post of Lab Attender by
duly considering the law laid down by the Apex Court referred to
supra.
5. Learned Government Pleader appearing for the respondents
contended that the petitioner has not submitted any representation
to the respondents, let the petitioner submits a fresh representation
to the respondents, then the respondents would consider the same
and pass appropriate orders in accordance with law.
06. Having considered the rival submissions made by the learned
counsel in either side, this Writ Petition can be disposed of directing
the petitioner to submit a fresh representation to the respondents
staking his claim for grant of minimum time scale of pay attached to
the post of Lab Attender, within a period of two weeks from the date
of receipt of a copy of this order. On receipt of such representation,
the respondents shall consider the same and pass appropriate orders
strictly in terms of the law laid down by the Apex Court in State of
Punjab vs. Jagjith Singh, within a period of eight weeks thereafter.
No costs.
Pending Miscellaneous Petitions, if any, shall also stand closed.
_____________________________________
JUSTICE ABHINAND KUMAR SHAVILI
Date: 23.11.2021
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