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2017 Supreme(AP) 466

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, GUDISEVA SHYAM PRASAD, JJ.
U.V.S.R. Prasad and others - Petitioners
Vs.
State of Andhra Pradesh Rep. by its Principal Secretary Municipal Administration & Urban Development Secretariat, Velagapudi - Respondent
Writ Petition No. 27217 of 2017
Decided On : 19-09-2017

Advocates:
Advocate Appeared:
For the Petitioners: Mr. C. Raghu
For the Respondent: Mr. P. Jagadish Chandra Prasad, Visakhapatnam Urban Development Authority

Headnote:

Service Matter – Regularization of services – Respondent No.2 is in dire necessity of Technical Work Inspectors to be engaged on various projects so as to maintain quality of works and to complete the same as per schedule. Thereafter, respondent No.2 has passed Resolution No.137, dt.28.09.2003, to regularize the services of 66 NMRs, and sent the same to the Government for ratification – Held, Repeated requests of respondent No. 2 made to respondent No. 1 for regularization of the petitioners and other similarly situated persons by emphasizing on the need for such absorption/regularization. Unfortunately, respondent No. 1 has not accepted the request of respondent No. 2 in this regard. It is brought to the notice of this Court that respondent No. 2 has undertaken a selection process for filling up 13 vacancies of Work Inspectors and that though the same is completed, in view of the interim order granted by this Court, the posts were not filled up. Since appointment orders have not been issued to the selected candidates, they cannot claim indefeasible right. As the petitioners cannot be overlooked for regularization, the selection process initiated by respondent No. 2 cannot be sustained. The Tribunal has not examined the case from proper perspective and misdirected itself in holding that the petitioners are not entitled for regularization/absorption as they do not satisfy the criteria laid down in G.O.Ms.No.212, dated 22-04-1994 – Writ Petition is allowed

ORDER :

C.V. Nagarjuna Reddy, J.

This Writ Petition is filed feeling aggrieved by order dt.27.06.2017 in O.A. No.1442 of 2014 on the file of the Andhra Pradesh Administrative Tribunal (for short, the Tribunal).

2. The background summary of the case is briefly stated as under:

The petitioners hold qualifications, such as, B.E. (Civil), L.C.E., I.T.I., L.M.E. B.E., L.C.E., B.A. etc. It is their pleaded case with respect to which there is not much dispute that they have been working as Nominal Muster Roll (NMR) Technical Work Inspectors, having joined respondent No.2 between 1990 1992. It is also not in dispute that they have been working in clear vacancies of Work Inspectors. While petitioner Nos.1 to 4 were conferred with the powers of Assistant Executive Engineers, petitioner Nos.5 to 9 were conferred with the powers of Assistant Engineers. Respondent No.2 has issued proceedings vide Rc. No.1696/78/A3, dt.18.2.2003, whereunder a proposal was submitted to respondent No.1 for regularization of services of 39 NMRs as Technical Work Inspectors in pursuance of G.O. Ms. No.212, dt.22.4.1994. It is also stated therein that respondent No.2 is in dire necessity of Technical Work Inspectors to be engaged on various projects so as to maintain quality of works and to complete the same as per schedule. Thereafter, respondent No.2 has passed Resolution No.137, dt.28.09.2003, to regularize the services of 66 NMRs, and sent the same to the Government for ratification. Another letter was addressed by respondent No.2 to respondent No.1, vide Rc. No.1696/93/A3, dt. .06.2004, wherein it is inter alia stated as under:

“It is pertinent to further add that the VUDA has taken up as many as 25 housing projects, Tourism Development Projects, Development of parks and other infrastructure projects in a big way. Hence, the services of these N.M.Rs are highly essential to cope up with the present work load of the organization and to maintain the quality in the proposed works and to complete the schemes as per schedule. As these employees are continuing as N.M.Rs, entrusting them with technical and financial powers to discharge regular duties is posing administrative inconvenience. The increase in financial commitment in view of regularisation of services of the N.M.Rs is also nominal as these category employees are already being paid wages as fixed by the Collector under Minimum Wages Act and VUDA is having sufficient resources to meet the expenditure on its own without burden to the public exchequer.”

The aforesaid letter was followed by another letter vide Rc. No.1696/98/A3, dt.25.11.2004. In the details furnished by respondent No.2 to respondent No.1 along with the said letter, 19 sanctioned posts and 10 temporary posts of A.Es and A.E.Es respectively and 11 posts of Work Inspectors were shown to be vacant. Respondent No.2 also reiterated in the said letter that the increase in financial commitment in view of regularisation of services of the NMRs is also nominal as these categories of employees are already being paid wages, as fixed by the Collector under the Minimum Wages Act, and that respondent No.2 is having sufficient resources to meet the expenditure on its own without burden to the public exchequer. Accordingly, respondent No.2 has requested respondent No.1 to consider the matter and issue orders to regularize the services of the 66 NMRs duly treating them as Last Grade Servants (LGSs) as against the existing vacancies and extend the benefit on par with its regular employees so that the qualified and eligible candidates among the 66 individuals as per their qualification etc., can be absorbed against the vacant posts available with it. A list of 66 NMRs, including that of the petitioners, was enclosed to the said letter. This request was reiterated by respondent No.2 vide its letters dt.13.05.2005, 15.4.2008, 19.11.2008, 25.03.2013, 18.08.2013 and 04.01.2014. In the letter dt.18.08.2013, the details of a batch of 30 NMRs and 1 contingent employee, who






























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