Telangana High Court
G. Kanakaiah vs The State Of Telangana on 31 March, 2023
Bench: K. Sarath
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.8849 of 2023
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
"... to issue an order or direction, more particularly
one in the nature of Writ of Mandamus declaring the
action of the respondents in not considering claim of
the petitioner for regularization of their services
retrospectively on completion of five years of
continuous service in the department by
implementing the orders passed by the Hon'ble
Tribunal in O.A.No.3130 of 2016 dated 07.09.2016
is illegal, arbitrary and unconstitutional, apart from
violative of Principles of Natural Justice and
consequently to direct the respondents to consider
the claim of the petitioners for regularization of their
services retrospectively on completion of five years of
continuous service in the department for the purpose
of pension and pensioner benefits by implementing
the orders passed by the Hon'ble Tribunal in
O.A.No.3130 of 2016, dated 07.09.2016 and
following the law laid down by the Hon'ble Apex
Court in case of B.Srinivasulu Vs. Nellore Municipal
Corporation in Civil Appeal No.6318 of 2015
dated 17.08.2015 and the judgment of this Hon'ble
Court in W.P.No.33936 of 2011 and batch dated
02.05.2018 with all consequential benefits"
2. Heard Sri A.Malahar Rao, Learned Counsel
appearing or the petitioners and Learned Government
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W.P.No.8849 of 2023
Pleader for Services-II appearing for respondents. With
the consent of Learned counsel on either side, this Writ
Petition is disposed of at the admission stage.
3. It is the case of the petitioners that initially, they
were appointed as daily wage workers through
Employment Exchange and have completed more than
35 years of service. While so, the State Government has
issued G.O.Ms.No.212, Finance & Planning
Department, dated 22.04.1994, according to which,
those who have completed five years of continuous
service as on 25.11.1993, are entitled for
regularization. When their cases were not considered
for regularization, they approached the then A.P.A.T by
filing O.A.No.5951 of 2012 and the same was disposed
of on 21.08.2012 and directed the respondents to
consider the case of the petitioners for regularization of
services on completion of five years of service from the
date of their initial appointment. In spite of the same,
the respondents have not considered their cases.
Hence, the Writ Petition.
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W.P.No.8849 of 2023
4. The grievance of the petitioners is that though
they were fully qualified and eligible for regularization
of their services as per G.O.Ms.No.212, dated
22.04.1994, the official respondents are not
considering their cases for regularization.
5. Learned counsel appearing for the petitioners
submits that as per the law laid down by the Apex
Court in B.Srinivasulu Vs. Nellore Municipal Corporation
(Civil Appeal No.6318 of 2015, dated 17.8.2015), and
also as per the judgment rendered by this Court in
W.P.No.33936 of 2011 & batch, dated 02.05.2018, the
petitioners are entitled for regularization from the date
on which they have completed five years of service. He
further submits that though the Tribunal vide order
dated 21.08.2012 in O.A.No.5951 of 2012 directed the
respondents to consider the case of the petitioners for
regularization of their services, the respondents have
not complied with the same.
6. Learned Government Pleader appearing for the
respondents does not dispute the law laid down by the
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W.P.No.8849 of 2023
Apex Court in B.Srinivasulu Vs. Nellore Municipal
Corporation (cited supra).
7. Having considered the rival submissions made
by the learned counsel on either side, this Court is of
the considered view that the issue raised in this writ
petition is squarely covered by the judgment of the
Apex Court in B.Srinivasulu V/s. Nellore Municipal
Corporation (cited supra).
8. Accordingly, the Writ Petition is disposed of
directing the respondents to consider the case of the
petitioners from the date of completion of five years
service in accordance with G.O.Ms.No.212, dated
22.4.1994 and regularize their services with
retrospective effect only for the purpose of pensionary
benefits, without monetary benefits, and pass
appropriate orders, within a period of four (4) weeks
from the date of receipt of a copy of this order. There
shall be no order as to costs.
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W.P.No.8849 of 2023
9. Miscellaneous petitions, if any, pending shall
stand closed.
_____________________
JUSTICE K.SARATH
Date:31.03.2023
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