Daram Satyanarayana And Another v. The State Of Telangana And 6 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.546 of 2020

ORDER

This writ petition is filed seeking the following relief: "to issue writ, order or direction more particularly one in the nature of writ of Mandamus (i) declaring the in action of the respondents in not regularizing the petitioner's services on par with proceedings of first respondent dt 28.08.2018 is arbitrary, illegal, irregular against to the principles of natural justice, equity, fair play and unconstitutional (ii) direct the respondents herein to regularize petitioner's service against the post of "Office Subordinate" with retrospective effect (iii) to fix the wages/consolidated remuneration at Rs.13,000/ per month in consonance of G.O.Rt.No.639, dt 06/12/2019 and (iv) pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

Therefore, I further pray this Hon'ble Court may be please to direct the respondents to pay wages/consolidated remuneration at Rs.13,000/- per month till the disposal of the main writ petition and pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case." Heard Sri Madhusudhan Reddy Kasi, learned counsel appearing for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondents 1 to 4 and Sri G.Narender Reddy, learned Standing Counsel appearing for the 5th respondent. The petitioners are working as full time sweepers with the respondents since 1987 and they have been discharging their duties to the best satisfaction of their superiors.

grievance is that the respondents are not regularizing their services in terms of G.O.Ms.No.212 dated 20.02.1994. Learned counsel appearing for the petitioners contended that appropriate orders be passed in the writ petition directing the respondents to regularize the services of the petitioners in terms of G.O.Ms.No.212 dated 20.02.1994. In support of his contention, he placed reliance on the judgment of the Apex Court in State of Karnataka vs. Uma Devi1. It is prayed that appropriate orders be passed in the writ petition by directing the respondents to consider the case of the petitioners for regularization of their services in terms of the law laid down by the Apex Court in State of Karnataka vs. Uma Devi (1 supra).

Learned Government Pleader as well as learned Standing Counsel appearing for the respondents contended that the case of the petitioners for regularization of their services would be considered by the respondents by duly taking into consideration the law laid down by the Apex Court in State of Karnataka vs. Uma Devi (1 supra) and also in terms of G.O.Ms.No.212, dated 20.02.1994 and appropriate orders would be passed.

1 2006(4) SCC 1

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this Writ Petition can be disposed of directing the respondents to consider the case of the petitioners for regularization of their services by duly taking into consideration the law laid down by the Apex Court in State of Karnataka vs. Uma Devi (1 supra) and also in tune with the policy of the State Government and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, pending, if any, shall stand closed.

__________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 08.01.2020 rkk