K.Narayana v. Jt.Manager, Natnl.Seeds Corpn.Ltd

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.21092 OF 2000 ORDER:

1.

This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners and not paying the minimum time scale of pay attached to their posts, as illegal. arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India, and consequently to direct the respondents to regularize the services of the petitioners.

2.

Heard Sri G. Rama Sarma, learned Counsel for the petitioners and Sri D. Ravi Shankar Rao, learned Counsel for the respondents. 3.

The learned Counsel for the petitioners submits that the petitioners were appointed on various dates from 1994 to 1997 and they have put in more than 240 days in each calendar year and their cases deserve to be considered for regularization, and when the petitioners were working in the respondent-organization, there was a threat of removing them, and in those circumstances, the petitioners filed this petition. He further submits that while admitting this writ petition, this Court passed interlocutory order to continue the petitioners in service, and by virtue of the interlocutory orders of this Court, the petitioners are being continued in service and that the petitioners are seeking a direction to the respondents to regularize their services as they are working since more than 2 1⁄2 decades. 4.

The learned Counsel for the respondents submits that the respondent-corporation framed a scheme on 14.7.2016 for regularization of the daily workers only, but not for regularization of the petitioners.

5.

It is an admitted fact that the respondent-Corporation has framed a scheme for regularization. No prejudice would be caused if the cases of the petitioners are also considered in terms of the said scheme. Therefore, this Court feels it appropriate to direct the respondent-Corporation to consider the cases of the petitioners for regularization in terms of the said scheme. 6.

Accordingly, the Writ Petition is disposed of directing the respondent-Corporation to consider the case of the petitioners for regularization within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________________ (ABHINAND KUMAR SHAVILI, J) 14th December, 2017 nn

THE HON'BLE Mr. ABHINAND KUMAR SHAVILI Writ Petition No.21092 of 2000 14th December, 2017 nn