Andhra Pradesh High Court
D.Sesharani - Appellant
Versus
Managing Director, A.P.Womens Co-op.Finance Corporation - Respondent
Decided On : 12-08-00
Andhra Pradesh (Regulation of appointments to Public Services and rationalization of Staff Pattern and Pay structures) Act, 1994 - Section 11 - Wages Act - Amending Act 3 of 1998, Section 25-F - Writ petition - A. P - Administrative Tribunal - Service - Retrenchment of workmen - Seniority - The vexed issue of regularization of the services of the employees who are appointed under different nomenclatures like daily wage workers, casual labourers, consolidated employees - For starvation wages and continued as such for over a number of years without regularization has come to the fore again in these batch of writ petitions - Held, Court feels that some more writ petitioners seeking similar relief are pending in this Court apart from hundreds of cases filed by the temporary employees working in governmental departments and local bodies are pending on the file of A. P. Administrative Tribunal - In other words, the arrears of salary will have to be paid with effect from the date of filing the writ petitions - The orders passed rejecting the proposals sent by the Corporation for regularisation of the services of their employees on the ground that there are no existing vacancies are quashed as the question of existence of vacancies would not arise when there was no cadre strength fixed and when there was no service rules framed coupled With the fact that the petitioners are working for more than a decade - Writ petition allowed
( 1 ) THE vexed issue of regularization of the services of the employees who are appointed under different nomenclatures like daily wage workers, casual labourers, consolidated employees, N. M. Rs. for starvation wages and continued as such for over a number of years without regularization has come to the fore again in these batch of writ petitions. The petitioners in these batch of Writ Petitions numbering more than 200 are working in different organizations under the control of the government of Andhra Pradesh, whose existence is traceable to either statutes or executive orders issued by the Government, floated to give effect to the popular schemes to catch the vote banks, from time to time after 1975 and their existence cannot be dispensed with now. This is the second or third round of litigation for some of the petitioners. I feel that some more writ petitioners seeking similar relief are pending in this Court apart from hundreds of cases filed by the temporary employees working in governmental departments and local bodies are pending on the file of A. P. Administrative Tribunal. This shows the gravity of the situation in the State and the fate of thousands of graduates and post-graduates is like a ship caught in high seas in deep storm.
( 2 ) THE relief sought for in this batch is stoutly opposed by the Government by raising oft repeated objections which were overruled by the Court for over two decades and in the normal course these writ Petitions would have been allowed following those judgments, but for the amendments that were introduced to the andhra Pradesh (Regulation of appointments to Public Services and rationalization of Staff Pattern and Pay structures) Act, 1994, popularly known as act 2 of 1994, nullifying the effect of the judgments of this Court as well as the Apex court.
( 3 ) I was hearing this batch for a considerable length of time in view of the public importance involved in it. In fact, by order dated 20-4-2000, I directed the advocate General, Government of Andhra pradesh, to find out whether the government is prepared to come up with a scheme to regularize the services of the petitioners and other temporary employees working in various organizations under the control of it keeping the precarious financial position prevailing in the State. But unfortunately from the letter of the secretary to the Government (Fin. and Plg.) f. W. Department, bearing No. 9635, dated 04-07-2000, it is seen that a Committee consisting of Ministers as well as Officers, held a meeting on 19-06-2000 in the chambers of the Minister for Finance and passed the following resolution: "there is no necessity to formulate any new scheme for regularization of all the daily wage, NMR, full time contingent employees and consolidated employees, etc. , as there is already a scheme formulated in g. O. Ms. No. 212, Finance and planning (FW. PCIII) Department, dated 22-04-2000. "
( 4 ) IN the light of the irrevocable stand taken by the Government, I have no option except to pronounce the judgment in this batch on merits. Before considering the validity of the amendments made to act 2/1994, the circumstances that led to the passing of Act 2/94 and the subsequent events that have taken place till this date have to be recapitulated for better appreciation of the case.
( 5 ) AS per the information furnished by the respondents, since the year 1967, the government was imposing ban on recruitment in its departments under the guise of observance of austerity and was lifting the same from time to time. Some times the services of the temporary employees were regularized by holding special qualifying tests and some times as per the guidelines given by it by way of executive orders without subjecting them to any test. As I am not dealing with the temporary employees working in the government, I am not going into details of those cases. Before leaving the subject, I would like to record the impressions gained by me after going through
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