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2024 Supreme(AP) 1007
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. KRUPA SAGAR, J.
T. Madhava and Others - Petitioners
Versus
The State Of Andhra Pradesh and Others – Respondents
Writ Petition No. 25259 Of 2003
Decided On : 20-06-2024
For the Petitioners: P. Venkateswar Rao, V. Padmanabha Rao.
For the Respondents: GP for Irrigation & Comm Area Dev, GP for Services III (AP).
IMPORTANT POINT
Regularization of employment requires lawful recruitment against sanctioned posts, and mere service does not confer rights to regularization without compliance with constitutional provisions.
Headnote:
Writ - Employment - Article 226 - The court discussed the principles of regularization and the applicability of Articles 14 and 16 of the Constitution, emphasizing that regularization requires adherence to lawful recruitment processes and sanctioned posts.
Fact of the Case:
The petitioners, hired by a private contractor, sought regularization as employees of the Irrigation Department after a strike due to wage disparities. They claimed absorption into the department, which was denied by the respondents.
Finding of the Court:
The court found that the petitioners were never regular employees of the Irrigation Department and their claims for regularization were not supported by evidence or legal grounds, as they were hired by a private company.
Issues: Whether the petitioners were entitled to regularization as employees of the Irrigation Department and if the rejection of their claims violated Articles 14 and 16 of the Constitution.
Ratio Decidendi: The court held that regularization requires lawful appointment against sanctioned posts, and mere continuation of service without proper recruitment does not confer rights to regularization.
Result: The Writ Petition is dismissed.
ORDER :
V.R.K. Krupa Sagar, J.
The remedy under Article 226 of the Constitution of India is intended to be used for ensuring the observance of the law of the land. Writ jurisdiction is to examine actions of State in public law domain. Writ of Mandamus is to command the performance of a particular duty where the official charged by law with performance of the duty refuses or fails to perform it.
2. In this writ petition filed under Article 226 of the Constitution of India petitioners make their prayer in the following terms:
“For the reasons and in the circumstances stated in the accompanying affidavit the petitioners herein pray that this Hon’ble Court, in the interest of justice, be pleased to issue a Writ, Order or Direction; more particularly one in the nature of Writ of Mandamus:
(a) declare that the petitioners are fully eligible and qualified to be absorbed as regular employees of the Irrigation Department;
(b) declare the action of the respondents in rejecting the claims of the petitioners vide orders dated 02.05.1998 for regularisation as permanent employees of the Irrigation Department as arbitrary, illegal, violative of Articles 14 & 16 of the Constitution of India.
(c) further direct the respondents to regularise the services of the petitioners as regular employees of the Irrigation Department with all consequential benefits; and pass such order or further orders as are deemed fit and proper in the circumstances of the case.”
3. Respondents in their counter affidavit gave the details of their reply to the various facts alleged in the writ petition and prayed for dismissal of the writ petition.
4. Sri V.Padmanabha Rao, the learned counsel for writ petitioners and Sri V.K.Naidu, the learned Government Pleader for Services-III appearing for respondents submitted their arguments.
5. The cause urged here has been part of a long-drawn litigation. However, only what is relevant for adjudication of this writ requires a mention here. Srisailam Project has been a lifegiving endeavour of the State. During the construction of this project there were various works which include construction of powerhouse buildings, construction of tail race tunnels and excavations for powerhouse and such other works. There has been Irrigation Department and Andhra Pradesh Construction Corporation. To Srisailam Project, the State used to award contracts to various companies for carrying out specific works. One such company was M/s. Gammon India Limited. The present writ petitioners and various others were hired by the said company in the year 1977. Some of these writ petitioners are skilled workers and some of them are unskilled workers. It is they who have filed this writ petition with the prayers referred above.
6. The basis for raising such a prayer emanated out of the following facts:
These workers have found that their counterparts working in the Andhra Pradesh Construction Corporation were paid wages as per G.O.Ms.No.242, dated 01.06.1977 whereunder pay scales and other benefits were stipulated for work charged establishment employees. However, the employer of the writ petitioners, namely, M/s. Gammon India Limited, has not been paying such wages. That caused stir and unrest leading the workers in M/s. Gammon India Limited resorting to strike. The fallout of the strike was that on 12.01.1982 it caused grave threat to the very costly equipment for the powerhouse which was lying in the power pit and if not attended soon, it was likely to be submerged in the water. It is in those circumstances, the Chief Engineer Projects, (Srisailam Project) put his step forward and exhorted to convince M/s. Gammon India Limited to do the needful to its own workers and saw that the contract that was given to it was executed appropriately. That did not result in any change. It is in the background of these facts, the writ petitioners alleged that the Chief Engineer made a proposal to M/s. Gammon India Limited that the employees of the said company would be absorb
