B. Ravinder vs The Stale Of Telangana
2023 Latest Caselaw 1727 Tel

Citation : 2023 Latest Caselaw 1727 Tel
Judgement Date : 21 April, 2023

Telangana High Court

B. Ravinder vs The Stale Of Telangana on 21 April, 2023

Bench: N.V.Shravan Kumar

 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

              WRIT PETITION (TR) No.4759 OF 2017

ORDER:

This writ petition is filed with the following prayer "to declare that

the applicants are entitled for regularization of their services in view of

their length of service since they have completed more than 26 and 24

years of service respectively uninterruptedly as per the law laid down by

the Hon'ble Supreme Court of India followed by the Hon'ble High Court of

A P by conferring all consequential benefits and challenging the action of

the respondents in not paying the salaries / wages for the months of June

and July 2015 though they have been discharging their duties regularly as

illegal arbitrary and unconstitutional being violative of Articles 14 16 21

of Constitution of India and consequently direct the respondents to pay

the arrears of salaries and continue to pay the same."

2. Today when the matter has been taken up for hearing,

learned counsel for the petitioners submits that the then Andhra Pradesh

Administrative Tribunal (for short 'the Tribunal') passed interim order,

dated 26.08.2015, which reads as under:

"In view of the above, the 4th respondent is directed to pay the salaries to the applicants from the month of June,2015, if they are working and their salaries are not paid by now."

3. Learned counsel for the petitioners further submits that

subsequent to the Tribunal Order dated 26.08.2015, the petitioners are

continuing services and receiving the salaries as on date.

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4. Learned counsel for the petitioners submits that in similar

circumstance the Hon'ble Division Bench of this Court in WA.Nos.614 of

2004 and batch dated 17.09.2013 has passed the following order:-

"In that view of the matter, even if the respondents are not entitled to be regularized in terms of G.O.Ms.No.212, dated 22.04.1994 in as much as they have not completed five years' service as on the cut off date 22.04.1994, however, as they have put in more than 16 to 20 years service their services are liable to be entitled to be regularized in terms of the judgments of the Apex Court as stated supra. A perusal of the impugned order clearly reflects that the learned single Judge properly considered all the aspects of the matter under the impugned order, but however directed to regularise the services of such employees immediately after completion of five years. For the reasons discussed herein above, and having due regard to the facts and circumstances of the case, and, having regard to the law laid by the Apex Court, the appellants are directed to take steps as expeditiously as possible for regularization of the services of the respondents preferably within a period of 3 months. Subject to the above modification, the Writ Appeals are liable to be dismissed.

In the result, the Writ Appeals are dismissed. Miscellaneous petitions if any pending consideration shall stand dismissed. There shall be no order as to costs."

Learned counsel for the petitioner further submits that the respondent

authorities may consider the petitioners case in terms of orders passed in

WA.Nos.614 of 2004 and batch dated 17.09.2013 within a time bound

period.

5. Learned Government Pleader for Services-II submits that the

respondent authorities may be directed to consider the petitioner case in

terms of the order dated 17.09.2013 in WA.Nos.614 of 2004 and batch and

pass appropriate orders in accordance with law.

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6. In view of the submission made by the learned counsel on

either side, this Writ Petition(TR) is disposed of; with a direction to

respondents authorities to consider the petitioners case in terms of