← Library
High Court for State of TelanganaWP/19195/2005dismissed

Patakamsetti Sreenivasa Rao, v. The Government Of Andhra Pradesh, Represented By Its

2016-01-28C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.19195 OF 2005 ORDER:

The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners and paying the wages @ Rs.2,200/- per month as per Notification, dated 26.11.2002, in spite of long service i.e., 5 to 8 years rendered by them as wholly illegal and arbitrary and consequently, to direct the respondents to take action for absorption or regularization of the petitioners into service of the 6th and 7th respondents.

2. The averments in the affidavit would show that the petitioners are working as Security Guards in the 6t h and 7th respondents -Agricultural Market Committees on contract basis. In view of the fact that they are working since long time, they sought regularization of their services.

3. The learned Standing Counsel for the Agricultural Market Committee states that there is no employer-employee relationship between the petitioners and the Market Committee, as the petitioners' services were offered to the Committee by their employer i.e., Kumar Security Services, Mandapet i.e., respondent No.8.

4. As the petitioners seek appointment on regular basis in the Agricultural Market Committees, they necessarily have to approach the Andhra Pradesh Administrative Tribunal, Hyderabad, in the first instance and the present writ petition is not

maintainable before this Court.

5. Since the issue in the present case is identical to the one in W.P.No.27971 of 2012, wherein this Court while holding that the writ petition is not maintainable dismissed the same giving liberty to the petitioner therein for seeking redressal of his grievance before the appropriate Forum.

6. In view of the Order passed in W.P.No.27971 of 2012, the present writ petition is dismissed, however, the same shall not preclude the petitioners from approaching the appropriate Forum seeking redressal of their grievance.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:28.01.2016 INL