IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. GANGA RAO, J.
M.V. Asha Rani – Petitioner
Versus
The Executive Officer – Respondent
Writ Petition No. 23557 of 2009
Decided On : 25-01-2023
Constitution of India,1950 - Articles 14 and 16 - Appointment as a store keeper - Grade service - Cadre - Regularisation of their services - Petitioner, being qualified for appointment as a store keeper, claims to be appointed as a store keeper in Padmavathi Women's Polytechnic Hostel, on selection by the hostel committee Initially she was paid a consolidated pay of Rs. 250/- per month - She has put in continuous service of nineteen years in said post - Tirumala Tirupati Devasthanam ['TTD' for short] vide resolution No. 192 dated created 139 posts in college hostels attached to educational institutions run by TTD and many hostel employees were regularised and timescales were given, as per orders of Court passed in W.P. No. - When juniors of petitioner working in other hostels were regularised, hostel employees working in 3rd respondent hostel made representation for regularisation of their services - 3rd respondent addressed a letter to Executive Officer of TTD vide letter dated giving details of employees working in hostel and recommended for their regularization - Whether the regularisation of the petitioner as multi-purpose worker from as per G.O.Ms. No. dated is arbitrary and illegal? - Held, Court that petitioner filed WPMP No. seeking amendment of prayer, along with proceedings viz. G.O.Ms. No. 71, dated whereby Government had accorded permission to 1st respondent-Executive Officer, to regularise services of persons working in Sri Padmavathi Ammavari Temple, Tiruchanoor on Sambhavana basis; proceedings dated of 1st respondent whereby services of persons working were regularised from date of issuance of earlier G.O.Ms. No. 855, Revenue (Endts.I) Department, dated - Court found that petitioner is entitled for regularisation of her services as Storekeeper, in Sri Padmavathi Women's Polytechnic Hostel, Tirupathi, in the pay scales attached to said post from date of her initial appointment - Accordingly, respondents are directed to consider case of petitioner for regularisation of her services in post of store keeper in the pay scale attached to post from date of her initial appointment and fix her pay notionally till regularising her services i.e. in terms of G.O.Ms. No. petitioner is entitled for all monetary and attendant benefits - Writ Petition is disposed of.
ORDER :
1. This writ petition is filed seeking the following reliefs:
2. Heard Sri J. Sudheer, learned counsel for the petitioner and Sri S. Satyanaranya Prasad, learned Senior Counsel appearing for Smt C. Sindhu Kumari, learned counsel appearing for the respondents. Learned counsel for the respondents seeks adjournment to get ready in the matter and file additional counter affidavits by the respondents. This Court has declined to grant any time as this writ petition of the year 2009 underwent several adjournments for filing counter and is specially identified matter for disposal.
3. The petitioner, being qualified for appointment as a store keeper, claims to be appointed as a store keeper in Padmavathi Women’s Polytechnic Hostel, on selection by the hostel committee w.e.f. 20.11.1990 Initially she was paid a consolidated pay of Rs. 250/- per month. She has put in continuous service of nineteen years in the said post. The Tirumala Tirupati Devasthanam [‘TTD’ for short] vide resolution No. 192 dated 03.06.1991 created 139 posts in the college hostels attached to the educational institutions run by the TTD and many hostel employees were regularised and timescales were given, as per the orders of this Court passed in W.P. No. 5162 of 2001. When the juniors of the petitioner working in other hostels were regularised, the hostel employees working in the 3rd respondent hostel made representation for regularisation of their services. The 3rd respondent addressed a letter to the Executive Officer of the TTD vide letter dated 12.04.1994 giving details of the employees working in the hostel and recommended for their regularisation. On further clarification sought by the Assistant Educational Officer of the TTD, the 3rd respondent through his letter dated 22.11.1995 furnished the details of the employees working in the 3rd respondent hostel wherein petitioner’s name is shown in the said list as appointed as a store keeper on 20.11.1990. However, no action was taken for their regularisation on par with others. The TTD has regularised services of more than 2000 NMRs during the period between 19.04.1988 and 01.08.1991 duly obtaining exemption from the Government from the process of employment exchange. The petitioner along with other employees working in the 3rd respondent hostel are entitled for regularisation as was done in the case of employees working in other hostels under the management of the TTD.
4. The TTD is empowered under the provisions of Rule 10 of the TTD Rules issued vide G.O.Ms. No. 1060, dated 24.10.1989 to create and fix the cadre strength in respect of all posts below Assistant Executive Officer and for higher cadres the Government would fix the cadre strength. All the hostel employees are below the cadre of Assistant Executive Officer. The TTD Trust Board is competent to create the posts. Three employees i.e. helper, office boy and watchman working in the hostel attached to Sri Govinda Rajaswamy Arts College filed W.P. No. 18873 of 1994 seeking regularisation of their services on pa
The main legal point established in the judgment is the entitlement to regularisation under G.O.Ms.No.212, dated 22.04.1994, and the applicability of this provision to the petitioner's case.
The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
Regularization of services requires adherence to specific legal provisions and conditions, necessitating a thorough evaluation of employment terms and rights.
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