IMPORTANT POINT
Contract employees appointed through a transparent selection process are entitled to regularization, aligning with principles of equality and fair treatment in public employment.

ORDER :

(R. Raghunandan Rao, J.)

Heard Sri G. V. Shivaji, learned counsel appearing for the petitioners in both the writ petitions and Sri N. Ashwani Kumar, learned counsel appearing for the respondents.

2. This Court had initially heard three writ petitions together, viz.., W.P.Nos.32917, 36206 and 38372 of 2022. Though there are common issues raised in these writ petitions, certain additional issues were raised in W.P.No.38372 of 2022 and the same shall be taken up separately.

3. As the issues raised in W.P.Nos.32917 and 36206 of 2022 are one and the same, they are being disposed of by way of this common order.

4. The erstwhile Government of Andhra Pradesh of the combined State had issued G.O.Ms.No.35 dated 31.03.2011, accepting a proposal sent by the Registrar General of the High Court of Andhra Pradesh for sanction of 140 Special Magistrate Courts (Civil Junior Division) and 113 Judicial Magistrate of II Class/Special Metropolitan Magistrate Courts (Morning Courts). These courts were to be run for a specified period of time as the intention of creating these Special Magistrate Courts was for the purpose of reduction of pendency of cases and such Magistrate Courts were to be closed once such pendency had come down. However, these Magistrate Courts were continued by way of Government Orders, which were issued periodically, extending the term of these Magistrate Courts. The latest Government Order in this regard being G.O.Rt.No.446 LQAW (LA & J) Home Courts (A) Department, dated 04.04.2024.

5. These Special Magistrate Courts were to be manned by staff recruited from retired employees of the A.P. Judicial Ministerial Service or, in case of non-availability of retired employees, eligible candidates strictly on contract basis. In pursuance of this provision, the staff for running these Special Magistrate Courts were recruited and have been working in the Special Magistrate Courts.

6. Even prior to issuance of G.O.Ms.No.35, dated 31.03.2011, creating Special Magistrate Courts, the Government of Andhra Pradesh had issued G.O.Ms.No.38, dated 27.03.2001, for creating Fast Track Courts which were to be manned by District Judge rank Judicial Officers or retired District Judge rank Judicial Officers. These Fast Track Courts which had been set up on the recommendations of the XI Finance Commission had also undertaken recruitment of staff on similar lines. Initially these Fast Track Courts were being funded by the Central Government. After some time, the Central Government had decided not to fund these Fast Track Courts and the same was informed to the respective State Governments. The said decision not to fund these Fast Track Courts came to the challenged before the Hon’ble Supreme Court of India. The Hon’ble Supreme Court disposed of the said challenge in its judgment dated 19.04.2012 reported as Brij Mohan Lal vs. Union of India and Ors., (2012) 6 SCC 502, accepting the decision of the Central Government to stop funding the Fast Track Courts. However, certain directions were also issued, in this regard, in Paragraph No.207.9 of the said judgment. These directions essentially related to the continuance of persons, who had been appointed by way of direct recruitment from the Bar as Judges, to preside over the Fast Track Courts. There were no directions in this judgment in relation to the judicial staff in these Courts. Subsequently, I.A.Nos.33 to 37 and 38 to 41 of 2012 were moved in Transfer Case (Civil) No.22 of 2001. It may be mentioned that Transfer Case (Civil) No.22 of 2001 was part of the batch of cases, which were disposed of by the Hon’ble Supreme Court in the above judgment. The Hon’ble Supreme Court after hearing the parties in I.A.No.26 of 2012, had in modification of the order dated 19.04.2012, passed an order dated 13.09.2012, allowing discontinuation of Fast Track Courts scheme, after the staff recruited therein was absorbed into the District Court services in pursuance of the direction in I.A.No.36 of 2012, dated 13.09.20