Telangana High Court
Y.Srinivasulu vs The Telangana Industrial ... on 25 January, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.12832 OF 2019
ORDER
This Writ Petition has been filed by the petitioner under Article
226 of the Constitution of India seeking an order or direction more
particularly one in the nature of Writ of Certiorari calling for the
records relating to and connected with Proceedings No.1441/PW/
APIIC/96, dt.27.11.2018 of the 1st respondent and to set aside the
same to the extent of direction to regularise the petitioner's services
prospectively with effect from 27.06.2018 instead of regularising the
services of the petitioner on completion of 5 years as on 09.02.1992 in
terms of G.O.Ms.No.212 dt.22.04.1994 as arbitrary, illegal and
unsustainable apart from being contrary to the orders passed by this
Hon'ble Court in W.P.No.8324 of 2010 dt.07.11.2017; and
consequently to direct the respondents to regularise the services of the
petitioner as regular employee of the Corporation with effect from
09.02.1992 instead of NMR watchmen with effect from 09.02.1992 as
was done in the case of Sri V.V. Krishna Reddy who is junior to the
petitioner at the relevant point of time with all consequential benefits
including seniority, pay fixation and pensionary benefits and to pass
such other order or orders in the circumstances of the case.
W.P.No.12832 of 2019
2. Brief facts of the case are that the writ petitioner was appointed
as NMR watchman on 10.02.1987 in the respondent organisation at
Warangal. The petitioner completed his 5 years of service as on
09.01.1992. He made several representations to the respondent
Corporation to regularise his services. However, he was not
regularised, but in fact he was terminated from service with effect
from 01.01.1993. Aggrieved, the petitioner filed I.D.No.35 of 1993
before the Labour Court, Warangal and the Labour Court directed the
respondent Corporation to reinstate the petitioner into service as a
regular NMR. Thereafter, the Corporation filed W.P.No.22284 of
1996 before this Court and during the pendency of the Writ Petition,
the petitioner was reinstated into service vide proceedings
dt.05.08.1998. Taking the same into consideration and confirming the
award passed by the Labour Court, this Court dismissed the said Writ
Petition on 08.04.2002. Similarly placed NMRs in the respondent
Corporation approached the Hon'ble High Court by filing
W.P.No.23427 of 1995 and this Court issued a direction to the
respondents to regularise their services in terms of the policy issued
by the State Government vide G.O.Rt.No.212 dt.22.04.1994 and
accordingly, several NMRs are also regularised as regular employees
of the respondent Corporation. The respondent Corporation filed
W.A.No.265 of 1998 and a Division Bench of this Court dismissed
the Writ Appeal and by complying with the directions of the Hon'ble
Court, one Sri V.V.Krishna Reddy, junior of the petitioner, was
W.P.No.12832 of 2019
regularised in the Corporation in terms of G.O.Ms.No.212
dt.22.04.1994. On 29.11.2004, the respondent Corporation rejected
the petitioner's case on the ground that he was not engaged by the
respondent Corporation during the period from 01.01.1993 to
10.06.1996. The petitioner was therefore constrained to file
W.P.No.8324 of 2010 and this Court vide its judgment dt.07.11.2017
passed final orders holding that the petitioner is entitled to
regularisation since he was deemed to be in service as on 01.01.1993.
Consequent thereto, the respondents have passed orders dt.27.11.2018
regularising the services of the petitioner with effect from 27.06.2018
in the time scale of Rs.15,460 - 47,330/-. Seeking regularisation of his
service from the date on which his junior colleague Mr. V.V. Krishna
Reddy has been regularised on 25.11.1993, the petitioner has filed the
present Writ Petition.
3. Learned counsel for the petitioner, Sri K.S.V. Subba Rao,
reiterated the submissions made in the accompanying affidavit and
submitted that since the oral termination of the petitioner by the
respondent organisation has been set aside by the Hon'ble Court, he is
deemed to be continuously in service from the date of his appointment
and therefore he ought to have been regularised with effect from the
date when he has completed 5 years of service or at least from the date
on which his junior has been regularised, i.e., 25.11.1993.
W.P.No.12832 of 2019
4. Learned counsel for the respondents, Sri L. Prabhakar Reddy,
however supported the order of regularisation from 27.06.2018.
5. Having regard to the rival contentions and the material on
record, this Court finds that the writ petitioner has been in continuous
service till his oral termination on 01.01.1993. The said oral
termination order has been set aside and has been declared to be
illegal. By virtue of the pronouncement by the Hon'ble Court, the
petitioner is deemed to be reinstated into service with continuity of
service and that this aspect also has been confirmed by the Hon'ble
High Court in W.P.No.22284 of 1996. Once the Hon'ble High Court
has held that the petitioner is in continuous service and is entitled for
regularisation, it is illegal on the part of the respondent Corporation to
be regularising the services of the petitioner with effect from
27.11.2018. It is undisputed that the petitioner is entitled to
regularisation of services in terms of G.O.Ms.No.212 dt.22.04.1994.
Therefore, the respondents are directed to regularise the services of
the petitioner with effect from 25.11.1993 with all consequential
benefits, i.e., the date on which the petitioner's junior's services have
been regularised, and pay the difference of wages and other benefits,
if any, to the petitioner within a period of 120 days from the date of
receipt of a copy of this order, with interest at 8% per annum from the
date of his entitlement to the date of payment.
6. The Writ Petition is accordingly allowed. No costs.
W.P.No.12832 of 2019
7. Pending miscellaneous petitions, if any, in this Writ Petition
shall stand closed.
___________________________
JUSTICE P. MADHAVI DEVI
Date: 25.01.2022
Svv
