K. Prabhakar Reddy, Hyderabad And 5 Others v. Prl Secy, Higher Education Dept, Hyderabad And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.28388 OF 2012

ORDER

This writ petition is filed seeking the following relief: "....to issue a writ, order or direction especially one in the nature of Writ of Mandamus declaring that the action of the respondents in not regularizing the services of the petitioners are illegal and arbitrary violating of articles 16 and 21 of the Constitution of India and further declare that petitioners entitled to be regularized from the date of sanction of regular posts and pass such order or orders which may deem fit and proper in the circumstances of the case."

Heard Sri M.Surender Rao, learned counsel appearing for the petitioners, learned Government Pleader for Education appearing for the 1st respondent and Sri S.M.Subhan, learned Standing Counsel appearing for the 2nd respondent-University. Initially, the petitioners were appointed on daily wage basis in the 2nd respondent-University and later, they were paid consolidated wages. Their grievance is that though they are working since two decades, the 2nd respondent-University has not taken any action for regularization of their services. Learned counsel appearing for the petitioners submits that the issue involved in this writ petition is squarely covered by the order dated 3.10.2018 passed in W.P.No.11162 of 2005 and that appropriate orders be passed for regularization of the

services of the petitioners in terms of the judgment of Division Bench of this Court in W.A.No.1730 of 1998, dated 3.12.2002. Learned Standing Counsel appearing for the 2nd respondent-University does not dispute the same. Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the respondents to consider the cases of the petitioners for regularization of their services by duly taking into account the Division Bench judgment dated 3.12.2022 in W.P.No.1730 of 1998 and pass appropriate orders in accordance with the Rules within a period of eight weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 28th February, 2019 rkk