R.Narayana vs The District B.C.Welfare Officer ...
2021 Latest Caselaw 2885 Tel

           THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                     WRIT PETITION NO.25233 of 2021

ORDER:

It is the case of the petitioner that initially his services have

been engaged by the 1st respondent as a Part-time Worker with

effect from 01.10.1988, on a consolidated pay of Rs.50/- per

month, and a formal order has been issued, vide proceedings dated

13.02.1989. According to him, he has completed 25 years of

service without any break in the Government B.C. Boys Hostel,

Ibrahimpatnam under the control of respondent Nos.1 to 4. The

petitioner claims that vide G.O.Ms.No.212 dated 22.04.1994, the

Government has framed a policy to regularize the services of

N.M.Rs, daily wage workers etc., who have completed five years of

service and are continuing in service as on 25.11.1993. Similarly,

the Government issued G.O.Ms.No.112 dated 23.07.1997, taking a

policy decision to absorb full-time workers as well as part-time

workers, who have completed minimum period of ten years of

service and are continuing in service as on 25.11.1993. Therefore,

the petitioner submitted a representation dated 24.01.2014 to

respondent No.3, seeking to consider his case for

regularization/absorption. The grievance of the petitioner is that

the respondents have not passed any orders on the said

representation so far.

Learned counsel for the petitioner relies on a judgment of the

Hon'ble Supreme Court in the case of Secretary, State of

Karnataka and others vs. Umadevi and others1, besides the

aforementioned G.Os, and states that the petitioner is entitled for

AIR 2006 SUPREME COURT 1806

regularization, having completed more than ten years of

continuous service.

Heard learned Assistant Government Pleader for Services-II

and perused the record.

In the facts and circumstances of the case, this court deems

it appropriate to direct the petitioner to submit a fresh

representation to the respondents within a period of two weeks

from the date of receipt of a copy of this order. Upon receipt of

such representation, the respondents shall consider the case of the

petitioner for regularization, in terms of G.O.Ms.No.212 dated

22.04.1994 and G.O.Ms.No.112 dated 23.07.1997 as also the

judgment of the Hon'ble Supreme Court in Umadevi's case

(1 supra), and pass appropriate orders, in accordance with law,

within a period of eight weeks from the date of receipt of such

representation.

The Writ Petition is accordingly disposed of.

As a sequel, pending miscellaneous applications, if any, shall

stand closed. There shall be no order as to costs.

________________________ B. VIJAYSEN REDDY, J

05.10.2021 JSU