Rudravarapu Jangaiah v. The Government Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

ORDER

This writ petition is filed seeking the following relief: " ...... to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents herein in not regularizing the services of the petitioners based on the principle laid down by the Hon'ble Supreme Court in Umadevi's case reported in 2006 4 SCC (1) and not passing orders to regularize services of petitioners since nearly 10 years causing severe harm and financial loss to the petitioners as highly illegal, unjust, unfair and unconstitutional and prays this Honble Court to direct the respondents herein to regularize services of the petitioners by applying the principle laid down by the Hon'ble Supreme Court in the Umadevis case reported in 2006 SCC 4 (1) to regularize the services of the petitioners ........." 2.

Heard Sri Ch.Ganesh, learned counsel appearing for the petitioners and learned Government Pleader for Services-II appearing for the respondents. 3.

The grievanc e of the petitioners is that though they were appointed during the years 1990, 1992 and 2007 respectively as contingent employees in the respondent-Department and has put in more than ten years of service, the respondents are not regularizing their services and also not extending the regular pay scale attached to the post.

4.

Learned counsel appearing for the petitioners submits that the Apex Court in State of Karnataka and ors

AKS,J vs.Umadevi1 has held that the employer has to consider the cases of the employees who have completed more than 10 years of service for regularization of their services and they must frame a scheme for regularization of their services; that similar issue fell for consideration before this Court in W.P.No.20726 of 2010 and this Court vide order dated 29-12-2016 disposed of the same directing the respondents therein to consider the cases of the petitioners therein for regularization, if necessary, by examining the requirement to formulate a scheme as directed by the Supreme Court in Umadevi's case (supra) and suc h exercise shall be completed and decision to that extent shall be taken as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of said order; and therefore, appropriate orders be passed in this Writ Petition also by directing the respondents to consider the case of the petitioners for regularization of their services in terms of the judgment rendered by the Apex Court in Umadevi's case (cited supra).

5.

Learned Government Pleader appearing for the respondents submits that the cases of the petitioners 1 2006(4) SCC (1)

AKS,J would be considered in terms of the judgment of the Apex Court in Umadevi's case (cited supra), in accordance with law.

6.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the petitioners to submit a representation afresh within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider the same in terms of the judgment of the Apex Court in Umadevi's case (cited supra) and pass appropriate orders, in accordance with law, within a period of eight weeks thereafter. No costs.

7.

Miscellaneous petitions, if any, pending shall stand closed.

__________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 01-07-2019 Prv