The acceptance of a regularization condition precludes the claim for retrospective appointment.

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-

"To issue order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in regularizing the services of the writ petitioner as Asst. Grade-III with effect from 28.07.2017 as fixed in G.O.Ms.12 of the 1st respondent, Dt.28.07.2017 by ignoring the date of vacancy as stipulated in G.O.Ms.No.448, dt: 16.06.1989 of the 1st respondent and contrary to what was done to similarly situated persons namely Sri J.Sudhakar, P.Narayana Reddy and others and not paying to the petitioner’s retirement benefits to him as arbitrary and violative of Articles 14, 16 & 21 of the Constitution of India and consequently, direct the respondents to regularize petitioner’s service from the date of his employment i.e., 03.01.1985 or such other date as this Hon’ble Court deems as fit and proper with all consequent benefits, difference of salary and retirement benefits namely Gratuity, Leave Salary, and other pensionary benefits with interest @ 12% per annum. Grant Cost of the proceedings and pass such other order."

2. The petitioner herein was temporarily appointed on 01.1985 as Typist on daily basis in District Office at Guntur of A.P.State Civil Supplies Corporation Limited and he was orally terminated by proceedings dated 31.10.1988. Aggrieved by the oral termination order, the petitioner was constrained to approach the Labour Court, Guntur. The Labour Court, vide proceedings dated 24.06.1992 in I.D.No.283 of 1989, has directed the respondents herein to reinstate the petitioner as Clerk-cum-Typist with continuity of service and other attendant benefits without back wages by setting aside the oral termination order.

3. Aggrieved by the said order of Labour Court dated 24.06.1992 in I.D.No.283 of 1989, the respondents herein have assailed the same in W.P.No.4236 of 1993 before the composite High Court of Andhra Pradesh at Hyderabad (hereinafter called as ‘High Court’) and the High Court has disposed of the said Writ Petition, vide order dated 24.06.1997.

4. Accordingly, the petitioner herein was reinstated on 05.06.1993 as Clerk-cum-Typist. The petitioner herein made several representations to the respondents 1 and 2 herein repeatedly for regularization of his services as per G.O.Ms.No.448, Food & Agriculture (C.S.III) Department dated 16.06.1989 with effect from 03.01.1985. The said date is the appointment date of the petitioner herein.

5. It is also pertinent to mention that the petitioner herein filed W.P.No.4868 of 1994 before the composite High Court to direct the respondents to regularize his services in the Corporation as Clerk-cum-Typist in pursuant to G.O.Ms.No.448, dated 16.06.1989 by paying back wages and on 24.06.1997, the High Court passed the order which reads as follows:

"In our view the said orders of Labour Court is just and proper. Hence the same does not warrant any interference. The petitioners contention that the Labour Court ought to have ordered for regularization of the petitioners services is quite alien to the issue. That has to be pursued before the Labour Court. If the petitioner feels that his services should have been regularized in view of G.O.Ms.No.448 dtd: 16.06.1989, it is open to him to make representation to the respondent authorities. If such representation is given, the same shall be considered as per law by the respondent-authorities. The writ petition is accordingly disposed of. No costs."

6. Basing upon the repeated representations, the 2nd respondent had sent the proposal to the 1st respondent and the 1st respondent had considered the same in consultation with the Finance Department and the services of the petitioner were regularized by the 1st respondent, vide G.O.Ms.No.12, Consumer Affairs, Food and Civil Supplies (CS.I) Department dated 28.07.2017, which reads as follows:

"Hereby regularized the services of Sri J. Purna Chandra Rao, Typist (Daily Wages) working