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High Court for State of TelanganaWP/3276/2004dismissed

P. Mani, v. The Managing Director,

2015-12-11M.S.K.Jaiswal3 pages

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.3276 OF 2004 ORDER:- This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.1 in issuing proceedings No.2686/WCFC/A2/2000, dated 19.6.2001, in rejecting the claim of the petitioner for regularization as Aya-cum-Cook as illegal and arbitrary, and consequently, to direct the respondents to regularize the services of the petitioner as Aya-cum-Cook from the date of initial appointment by paying all consequential benefits.

2. The facts are that the writ petitioner was appointed as an Ayacum-Cook on consolidated pay in the A.P.

Women's Cooperative Finance Corporation Limited on 24.9.1991. Seeking her regularization, she along with some other employees filed W.P.No.7260 of 1998 and Batch. This Court, by way of a common order, dated 20.7.2000, disposed of the writ petitions by directing that the case of the petitioner and others be considered for regularization in terms of G.O.Ms.No.212 Finance and Planning dated 22.4.1994. Accordingly, respondent No.1 - the Managing Director issued proceedings, dated 19.6.2001, rejecting the request of the petitioner for regularization on the ground that there are no sanctioned posts in the Corporation for regularizing the services of the writ petitioner in pursuance of the G.O. Hence, the petitioner filed the present writ petition.

3. Learned counsel for the petitioner submitted that several of the employees of the Corporation have filed different writ petitions and one C.Venkateswarlu filed W.P.No.26357 of 2000. This Court, by order, dated 06.12.2010, directed the respondents therein to continue his services till a regular vacancy is available and as and when regular

vacancy is available, he shall be absorbed in such vacancy with all consequential benefits as per law.

4. In the instant case, the petitioner is seeking for a similar direction, as admittedly, as on today, there are no sanctioned permanent posts of Aya-cum-Cook in the respondent Corporation.

5. In view of the above, the Writ Petition is disposed of directing the respondents to continue the writ petitioner in service till a regular vacancy is available and as and when the regular vacancy arises, to regularize her services, if she satisfies all the requirements as on that day. There shall be no order as to costs.

6. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

_______________________ JUSTICE M.S.K.JAISWAL 11th December, 2015 AMD THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

WRIT PETITION No.3276 OF 2004 Date:11.12.2015 AMD