Telangana High Court
A. Mallesh vs The State Of Telangana on 30 November, 2021
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.5301 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 an appropriate writ, order or direction more
particularly one in the nature of WRIT OF MANDAMUS
declaring the action of the respondents in not regularizing the
petitioner service from 10.03.1981 to 24.01.2006 and paying
the consequential service benefits i.e., fixation of pay, arrears
and all attendant service benefits is illegal, arbitrary, contrary
to the judgment of this Honble Court and blatant violation of
fundamental rights guaranteed under the Constitution of
India. Consequently direct the respondents to regularize the
service of the petitioner and to pay consequential benefits
thereof i.e., fixation of pay, arrears and attendant benefits and
pass such other order or orders as this Hon'ble Court
may deem fit and proper in the circumstances of the
case."
3. Heard Sri A. Jagan, counsel for the petitioner, and the
Government Pleader for Services-II appearing for the respondents.
4. It has been contended by the petitioner that his name was
sponsored by the Employment Exchange for the post of Farrash
during 1980 and that, after undergoing regular selection process, he
was appointed as part-time Farrash on 10.03.1981. The petitioner
further contended that after rendering a considerable length of service,
his services were regularized vide proceedings dated 24.01.2006. The
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W.P.No.5301 of 2021
grievance of the petitioner is that the service rendered by him from
10.03.1981 to 24.01.2006 is not being considered for regularization.
5. Counsel for the petitioner contended that the petitioner has
submitted a detailed representation to the 4th respondent on
22.09.2020 and the 4th respondent has, in turn, submitted the proposal
to the 3rd respondent on 03.11.2020. Counsel for the petitioner had
further contended that for regularization of the services of the
petitioner from the date of initial appointment, the 1st respondent is the
competent authority, but the respondents 2 to 5 have not forwarded
the proposal to the 1st respondent. Therefore, counsel contended that
appropriate orders be passed in the writ petition directing the 1st
respondent to consider the case of the petitioner for regularization of
his services from the date of his initial appointment and pass
appropriate orders in accordance with law.
6. Government Pleader appearing for the respondents contended
that the petitioner was not appointed on regular basis and the
petitioner is rendering only 4 to 5 hours of service in a day.
Government Pleader had further contended that the 2nd respondent has
filed a detailed counter affidavit categorically stating that the
petitioner is not entitled for regularization of his services from the
date of his initial appointment. Government Pleader also contended
that let the petitioner submit a representation afresh to the 1st
respondent and thereupon, the 1st respondent would consider the same
and pass appropriate orders in accordance with law.
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7. This Court, having considered the rival submissions made by
learned counsel for respective parties, is of the considered view that
this writ petition can be disposed of directing the petitioner to submit
a representation afresh to the 1st respondent within a period of two
weeks from the date of receipt of a copy of this order, furnishing all
the details and staking his claim for regularization of his services from
the date of his initial appointment. Upon such a representation being
received, the 1st respondent shall consider the same and pass
appropriate orders, in accordance with law, within a reasonable period
of time, preferably within eight weeks thereafter.
8. With the above directions, this writ petition is disposed of. No
order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
______________________________
ABHINAND KUMAR SHAVILI, J
30-11-2021
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