K. Mallesh vs State Of Telangana,
2023 Latest Caselaw 4087 Tel

     HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY


               WRIT PETITION NO.28837 OF 2017


ORDER:

The present writ petition is filed seeking following relief:-

"....to issue a Writ, Order or Direction particularly a Writ of Mandamus by calling for the records relating to the orders in G.O.Ms.No.533 Municipal Administration & Urban Development Department, dated, 29.11.2011 in respect of petitioners and set aside the same to the extent of not regularizing the services of the petitioners from the date of completion of five of service as NMR basis and not counting the NMR Service and absorbed service for retiremental benefits including pensionary benefits contrary to the judgment of the Hon'ble Apex Court passed in Civil Appeal No.6318 of 2015, date:17.08.2015 and consequently direct the respondents to regularize the services of the petitioners from the date when they have completed five years of service as NMR and count the entire service from the date of completion of five years for the purpose of counting for qualifying service for fixation of pension and other retirement benefits and extend all the pensionary benefits from the date of completion of five years of service on NMR basis by granting retrospective regularization..."

2. Heard Sri T.P.Acharya, learned counsel for the petitioners,

learned Assistant Government Pleader for Services-III appearing on

behalf of respondent No.1, learned Assistant Government Pleader

for Services-I appearing on behalf of respondent No.2 and Sri

B.Chandrashekar Rao, learned standing counsel appearing on

behalf of respondent No.3.

3. During the course of hearing, learned counsel for the

petitioners submitted that the issue raised in this Writ petition is

squarely covered by the orders passed by the Division Bench of LNA,J WP No.28837 of 2017

this Court in W.P.No.1225 of 2016, dated 19.04.2017 and the

same is not disputed by the learned Standing Counsel as well as

learned Assistant Government Pleaders appearing for the

respondents.

4. Following the earlier decision in W.P.No.1225 of 2016, dated

19.04.2017, the Writ Petition is allowed holding that the petitioners

would be entitled to regularization of their services from the date

they completed five years of service, but would not be entitled to

any monetary benefits in terms of arrears of pay. The petitioners

would however be eligible for notional fixation of pay and seniority.

There shall be no order as to costs.

5. As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

__________________________________ LAXMI NARAYANA ALISHETTY, J Date: 17.11.2023 Ktm