IMPORTANT POINT
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.

ORDER :

K. Manmadha Rao, J.

The batch Writ Petitions filed by the petitioners to regularize their services from the date of completion of 10 years of service in terms of the orders passed by the composite High Court in W.P.No.24377 of 2007 as confirmed in W.A.No.782 of 2010 and W.P.No.27217 of 2019, dated 19.09.2017 and the order passed by the High Court for the State of Telangana in W.P.No.23057 of 2019, dated 21.04.2020.

2. Heard Mr. P. Raghavender Reddy, Mr. G.V. Gangadhar, Mr. Pitchaiah, learned counsel for the petitioners and Mr. E. Sambasiva Prathap, learned Additional Advocate General for the official respondents.

3. These Writ Petitions arise out of the same issue and therefore are being disposed of by a common order.

4. The main grievance of the petitioners in W.P.No.5009 of 2021 is that they were appointed as N.M.Rs on different dates in the year 1988 to 1993 in Greater Visakhapatnam Municipal Corporation, Visakhapatnam i.e. 4th respondent (in short ‘the Corporation’). Subsequently they were allowed to draw the time scale pending regularization and they were getting all the benefits on par with the regular employees, but their services are not being regularized inspite of several requests as per judgments of Hon’ble Supreme Court. Therefore, inaction of the respondents is questioned in this writ petition.

5. The case of the petitioners in W.P.No.3589 of 2021 is that they were initially appointed as NMRs in the year 1986 and their services were terminated without following due procedure and thereafter their services were taken over in the year 1990, since then they have been working in Tirupati Municipal Corporation, Tirupati i.e. 4th respondent (in short ‘the Corporation’) and subsequently they were allowed to draw the time scale pending regularization, though they were getting all the benefits on par with the regular employees, but their services are not being regularized in spite of several requests as per decisions of the Hon’ble Apex Court, though number of vacancies are kept unfilled, which were fallen vacant either due to retirement, death or promotions. The petitioners have completed more than 27 years of service in the Corporation. Hence the present writ petition came to be filed. (The petitioners 1, 2 and 14 to 16 are dismissed as withdrawn as per order of this Court dated 13.04.2023 vide I.A.No.1 of 2023)

6. The case of the petitioners in W.P.No.4862 of 2021 is that they were initially appointed as NMRs in the year 1998 to 1993 on various dates in the 4th respondent/ The Greater Visakhapatnam Municipal Corporation, Visakhapatnam (in short ‘the Corporation’) and they were allowed to draw the time scale pending regularization and they are getting all the benefits on par with regular employees, but their services are not being regularized in spite several requests, though more than one thousand existing last grade vacancies are kept vacant. The petitioners have completed more than 25 years of service in the Corporation. Hence, the present writ petition came to be filed.

7. The case of the petitioners in W.P.No.24357 of 2021 is that they were initially appointed as Full Time Contingent Employees in the respondents/ Commercial Tax Department in different places in the state of Andhra Pradesh and the Government has granted Minimum Time Scale and D.A to them and other subsequent Revision of Pay Scales were extended to them from time to time. At present number of existing vacancies in the department, in fact the 2nd respondent send proposals to the 1st respondent dated 04.08.2009, in the said proposals it has been categorically stated that there are 339 vacancies are available in the Department and proposed for regularization of their services. The petitioners were allowed to draw the time scale pending regularization and they are getting all the benefits on par with regular employees, but their services are not being regularized in spite several requests. Hence, the present writ petition came to be filed.

8. The case of th