D. Pochaiah, vs State Of Telangana,
2023 Latest Caselaw 2272 Tel

     HON'BLE SRI JUSTICE J. SREENIVAS RAO

            Writ Petition No. 43451 of 2017

ORDER:

This Writ Petition is filed seeking the 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 and 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 retirement benefits including pensionary benefits contrary to the judgment of the Honble Apex Court passed in Civil Appeal No.6318 of 2015 dated 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 Nos.1 and 2 and learned

Standing Counsel appearing on behalf of respondent No.3.

3. During the course of hearing, learned counsel for

the petitioners submits that the issue raised in this Writ

Petition is squarely covered by the orders passed by the Division

Bench of 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 Pleader appearing for

the respondents.

4. In view of the above, 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

5. Accordingly, the Writ Petition is allowed. No costs.

Pending miscellaneous petitions, if any, shall stand

closed.

______________________________ JUSTICE J. SREENIVAS RAO 12-09-2023 SA

HON'BLE SRI JUSTICE J. SREENIVAS RAO

Writ Petition No.43451 of 2017

Dated: 12.09.2023

Sa