G. Buggaiah v. The Government Of Telangana Rep By Its Principal Secretary

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.(TR)No.2432 of 2017

ORDER

This writ petition is filed seeking the following relief: "...to declare the action of the respondents in not counting the service rendered by the applicants on daily wage basis prior to regularization their services for qualifying service for calculating the pensionary benefits is illegal, arbitrary, unreasonable, discriminatory and violation of principles of natural justice and consequently direct the respondents to count the service rendered by the applicants on daily wage basis prior to regularization of their services for the purpose of qualifying service for fixing the pension if necessary by setting aside the regularization orders issued vide G.O.Rt.No.1229 MA&UD dated 3-8-2013 only to the extent of prospective regularization in so far as the applicants are concerned and to pass such other order or orders."

Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioners submits that initially, the petitioners were appointed as NMRs in the year 1985 in the 3rd respondent-Municipality and have been discharging their duties to the best satisfaction of their superiors; that they are entitled for regularization of their services in terms of G.O.Ms.No.212, dated 24.04.1994 as they have completed more than 5 years as on 25.11.1993, but the respondents instead of regularizing their services with effect from 25.11.1993, regularized their services with effect from 03.08.

squarely covered by the judgment of the Apex Court in Civil Appeal No.6318 of 2015, dated 17.8.2015, which was followed by this Court in W.P.No.33936 of 2011 and batch dated 2.5.2018 and that appropriate orders be passed directing the respondents to regularize the services of the petitioners with retrospective effect from 25.11.1993 in stead of 03.08.2013. Learned Government Pleader appearing for the respondents contends that case of the petitioners will be considered in terms of the judgment of the Apex Court in Civil Appeal No.6318 of 2015, dated 17.8.2015 and appropriate orders will be passed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that ends of justice would be met if a direction is given to the respondents to consider the case of the petitioners for regularization of their services with retrospective effect from 25.11.1993 in terms of the Judgment reported in Civil Appeal No.6318 of 2015, dated 17.8.2015, which was followed by this Court in W.P.No.33936 of 2011 and batch dated 2.5.2018 and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With the above observations, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 29th April, 2019 rkk