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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
Emani Papa, Father Name Subrahmanyam Sarma – Appellant
Versus
State Of Ap, Represented By Its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. eligibility for service regularization and pension (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. counterarguments regarding pension entitlement (Para 8 , 9) |
| 3. court's reasoning on regularization date (Para 10 , 11) |
| 4. conclusion and quashing of the impugned order (Para 12 , 13) |
ORDER :
1. Heard Sri J. Sudheer, learned Counsel for the Writ Petitioner and Sri K.V. Raghuveer, learned Government Pleader for Higher Education.
2. Prayer sought in the Writ Petition is as under:
"Hence in the interest of Justice, it is humbly it is humbly prayed to issue a Writ order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in not regularizing the petitioner service with retrospective effect from the date of 25.11.1993 as per G.O.Ms.No.212 dt.22.4.1994 and in terms of Honourable Apex Court Judgment in terms of B. Srinivasulu Vs Nellore Municipal Corporation in Civil Appeal No.6318 of 2015 dated 17.08.2015 with all consequential benefits by setting aside the impugned proceedings dated 23.02.2022 issued by the 2nd respondent as illegal, arbitrary, discrimination and contrary to orders of this Honourable Court and Honourable Apex Court apart from vio
The court ruled that delay in addressing a regularization request does not negate the right to retrospective benefits, especially under government orders and constitutional provisions.
Employees completing five years of service before 25.11.1993 are entitled to pension benefits under G.O.Ms.No.212, without arrears of pay.
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
Regularization of services requires adherence to specific legal provisions and conditions, necessitating a thorough evaluation of employment terms and rights.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
Service Law – Pension - In the absence of any exercise being done to ascertain clear vacancies, the delay on the part of the authorities cannot put the petitioners therein to prejudice
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