Employees engaged in perennial positions for over five years must be considered for regularization, adhering to precedents on service entitlements.

ORDER :

Harinath. N, J.

1. The petitioners in WP.No.10755 of 2021 were appointed as NMRs/ Daily wage with effect from 01.07.1988. The petitioners 1 to 3 were appointed in the erstwhile Madhurawada Gram Panchayat. The 4th petitioner was appointed in Kommadi Grama Panchayat.

2. The petitioners in WP.No.11488 of 2021 were appointed as NMRs/Daily Wage. The petitioners 1 to 4 were appointed on NMR basis in Madhurawada Gram Panchayat. The 5^th petitioner was appointed with P.M.Palem Gram Panchayat. The 6^th petitioner is appointed as Bill Collector in Paradesipalem Gram Panchayat and the 7^th petitioner was appointed in Bakkannapalem Gram Panchayat.

3. The petitioners in WP.Nos.8603 and 11558 of 2021 were appointed in Gajuwaka Municipality on NMR basis on various dates during the year 1989-90.

4. The common grievance of the petitioners in all the four writ petitions is that they are denied the benefit of regularization, they are all aggrieved by the denial of regularization of their services though they are entitled to and are working for the last several years without any blemish or any complaint from any quarter. The 1^st respondent had issued proceedings dated 20.03.2020 which is under challenge in WP.Nos.8603 and 11558 of 2021.

5. The learned counsel appearing for the petitioners submits that the petitioners in all the writ petitions have completed ten years of service as on the date of judgment passed by the Hon’ble Supreme Court in the matter of Secretary, State of Karnataka Vs. Uma Devi , (2006) 4 SCC 1 , the Hon’ble Supreme Court held that those persons who have completed ten years of service as on 10.04.2006 are entitled for regularization and directed the concerned departments to regularize their services.

6. It is submitted that the petitioners are also entitled for regularization in pursuance of G.O.Ms.No.212, dated 22.04.1994 and would be entitled for regularization as all of them have completed five years of service by 25.11.1993. It is submitted that several similarly placed employees filed WP.No.24377 of 2007 and in pursuance of the directions passed by this Court the services of the petitioners therein were regularized.

7. It is submitted that in the year 2005, all the Gram Panchayats where the petitioners were working got merged into Greater Visakha Municipal Corporation. It is submitted that the respondents tried to evade payment of salaries and routed the services of the petitioners through a Contractor. The petitioners filed WP.No.24471 of 2009 and this Court on 20.04.2010 passed interim orders directing to pay wages attached to the post of NMR directly by the Corporation instead of routing the same through the Contractor. The interim orders passed by this Court were complied and the petitioners are paid wages directly by the 3rd respondent Corporation. It is submitted that the petitioners are working in various posts and the work executed by the petitioners is perennial in nature.

8. It is also submitted that some of the employees approached the Andhra Pradesh Administrative Tribunal by filing OA.No.1082 of 2017 seeking regularization of their services from the date of completion of ten years of service, the said O.A. was dismissed vide order dated 05.06.2017. Thereafter they filed W.P.No.30105 of 2017 and this Court allowed the writ petition by directing the respondents therein to decide on the representation of the petitioners in light of the order passed by the Court in WP.No.24377 of 2007, which was confirmed in W.A.No.782 of 2010 and also in pursuance of the orders