Citation : 2024 Latest Caselaw 1903 Tel
Judgement Date : 3 May, 2024
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.2252 OF 2024
O R D E R:
With the consent of both the parties, this writ petition is
being disposed of, at the admission stage.
2. The writ petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
"to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners with effect from the date on which they completed 5 years of service as casual labour as being arbitrary illegal unjust and violative of Article 14 16 and 21 of the Constitution of India besides being contrary to the law laid down by this Honourable Court and Honourable Apex Court on the subject and consequently hold that the that the Petitioners are entitled to be regularized their services with effect from the date on which they completed 5 years of service with all consequential benefits such as pay fixation Old Pension Scheme Revised Pay Scales etc with all consequential benefits as per the letter and spirit of the G.O.Ms.No.212 dt.22.04.1994 and as per the law laid down by the Honourable Apex Court in Civil Appeal No 6318 of 2015 decided on 17.08.2015 and judgment of Honourable High Court of Judicature at Hyderabad for State of Telangana and State of A P in W.P.No.33936 of 2011 and batch dated 02.05.2018 [2018 (4) ALD 590 (DB)] followed in W P No 33288 of 2012 dated 19.07.2018 W.P.Nos.27940 28023 and 27985 of 2018 dated 08082018 and W.P.No.28142/2018 dated 09082018 which were confirmed by Honourable Apex Court in S.L.P.Civil Dairy Nos.16376 19615 15225 and 15229 of 2019 on 12.07.2019 and 26.07.2019".
3. Today, when the matter is taken up for hearing, the learned
counsel for petitioner submits that the subject matter of this writ
petition is squarely covered by the order passed by this Court in
W.P.No.3705 of 2023 dated 29.1.2024 and therefore, the learned
counsel prays that this writ petition may also be disposed of in
terms of the above order.
4. The learned Government Pleader does not seriously dispute
the same.
5. In view of the above, following the order passed by this Court
in W.P.No.3705 of 2023 dated 29.1.2024 and for the reasons
stated therein, this writ petition is disposed of, directing the
respondents to regularize the services of the petitioners from the
date of completion of five years of service from the date of their
initial appointment for the purpose of pension and pensionary
benefits. However, the petitioners shall not claim any monetary
benefits for the said period, in the form of arrears of pay or
allowances. There shall be no order as to costs. Miscellaneous
petitions pending, if any, shall stand closed.
____________________ PULLA KARTHIK, J Date: 03.05.2024.
SSM/DA
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