Citation : 2025 Latest Caselaw 829 Tel
Judgement Date : 6 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.343 OF 2025
O R D E R:
With the consent of both the parties, this Writ Petition is
taken up for disposal, at the admission stage.
2. This Writ Petition is filed under Article 226 of
Constitution of India seeking the following relief:
"...to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not regularising the services of the petitioner as Chainman/Deputy Surveyor, though he completed more than 10 years of service as daily wage worker in terms of G.O.Ms.No.212, dated 22/04/1994 and by following the judgment of Hon'ble Supreme Court in Umadevi case is totally illegal, arbitrary, unconstitutional and void being violation of Arts.14 & 16 of the Constitution of India and consequently to direct the respondents to consider the case of the petitioner for regularisation in his respective post as per judgment of the Hon'ble Supreme Court of India in Umadevi case as otherwise the petitioner will be put to heavy and irreparable loss and to pass..."
3. Heard Sri R.Rajasekhar Rao, learned counsel for the
petitioner; learned Government Pleader for Services-I for
respondent Nos.1 to 4; and learned Government Pleader for
Services-III, for respondent No.5.
4. Learned counsel for the petitioner submits that the lis raised
in the present Writ Petition is squarely covered by the order, dated
31.07.2024, passed in W.P. No.20515 of 2024. Therefore, learned PK,J 2 wp_343_2025
counsel prays this Court to pass similar order in this Writ Petition
also.
5. Learned Government Pleader for the respondents submits
that the petitioner has not approached the authorities with any
written request.
6. At this stage, learned counsel for the petitioner prays this
Court to permit the petitioner to submit fresh representation before
the respondents seeking regularization of his services and the
respondents may be directed to pass appropriate orders, within a
reasonable period of time.
7. Having regard to the submissions made by learned counsel
for the respective parties and for the reasons alike in the order,
31.07.2024, passed by this Court in W.P. No.20515 of 2024,
without going into the merits of the case, this Writ Petition is
disposed of directing the petitioner to make fresh representation
before the respondents seeking regularisation of his services within
a period of one (1) week from the date of receipt of a copy of this
order. On receipt of such representation, the respondents are
directed to pass appropriate orders, in the light of the decision of
the Hon'ble Supreme Court in State of Karnataka v. Umadevi 1,
1 2006 (4) SCC 1 PK,J 3 wp_343_2025
strictly in accordance with law, as expeditiously as possible and
communicate a copy thereof to the petitioner. There shall be no
order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ PULLA KARTHIK, J Date : 06.01.2025.
Note : Registry is directed to append a copy of the order, dated 31.07.2024 in W.P. No.20515 of 2024 to the present order.
B/o.TMK
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