The main legal point established is that employees engaged for more than 10 years, even through third-party contractors, are entitled to regularization, and such engagement violates their constitutional rights.

ORDER :

Heard learned counsel for the petitioners, learned Government Pleader for Services II and learned standing counsel for respondents.

2. The Present Writ Petition is filed to issue a Writ of Mandamus to declare the action of the respondents in issuing the Proceedings No. 37/CPR&RE/C2/2015, Dt:27.10.2016 in not regularizing the service of the Petitioners, as regularized the service of the one of the members of the union Sri. Md. Masood Ali, Borewell Mechanic, working on the basis of NMR at both, Adilabad District through G.O.Rt.No. 182, dated: 14.03.2017 as illegal, arbitrary, highly discriminatory, unjust, unfair, irrational, unconstitutional, unlawful, mockery, Perverse, Irrational and against the Articles 12, 14, 16, 19, 21 and 23 of the Constitution of India and against to the Principles of Natural Justice and against to the G.O.Ms.No.212, Finance Department, dated 22.04.1994 and against to a catena of Judgments of the Apex Court and set aside the same, Consequently direct the 1st respondent to regularize the service of the petitioners as regularized the service of the colleague of the Petitioners Sr. Md. Masood Ali, Borewell Mechanic working at both Adilabad District through G.O.Rt.No.182, dated: 14.03.2017.

3. The case of the petitioners, in brief, is as follows:

a) The petitioners, having completed their Technical Qualification (I.T.I) were appointed through various proceedings by Respondents on N.M.R basis as Bore well mechanic.

b) Despite petitioners providing better services and working hard, they were neither paid lawful wages nor were they absorbed and regularized by Respondents.

c) Many representations were made to the Respondents to pay lawful salary to the Petitioner, but no action was taken by the Respondents. Despite being appointed as Bore Well Mechanics on N.M.R basis few decades ago, they were neither absorbed nor paid lawful salary for the past 2 (Two) decades. In the past, they were abruptly and without notice, were orally instructed to not to attend their duties.

d) Subsequently, W.P. No. 14145 of 2016 was filed against the respondents for not considering the representations of Borewell Mechanics Union of the State and this court had passed orders on 25.04.2016 directing the respondents to consider the representation Borewell Mechanics Union of the State and pass appropriate orders within Eight Weeks. Therefore, the petitioners filed Contempt Case No. 1908 of 2016. After filing of said contempt case, the respondents passed proceedings No. 37/CPR&RE/C2/2015 dated 27.10.2016.

e) Instead of regularizing all the members in service, only one Mr. Sri Masood Ali, has been regularized in the service through G.O.Rt.No.182 dated 14.03.2017. They are highly discriminated against by the Petitioners and even though their Qualification, Nature of Work, Duties and Responsibilities are similar between N.M.R and Regularized employee, they were not regularized and issued Proceeding No. 37/CRP&RE/C2/2015 dated 27.10.2016 and the same is against the Constitution of India. This act of Discrimination and Arbitrariness is against the meaning, scope and content of Article 14 of the Constitution of India. Hence, this writ petition is filed.

4. Counter Affidavit filed by the Respondents 3, in brief, is as follows:

a) The Hand Pump mechanics were engaged as per need by the Concerned Mandal Parishad Development Officers on piece work basis and they are not termed as NMR/Contract employees. There is no individual contract between the employer and the employee in writing and even if there is any such contract, the same will become invalid as and when the work is complete.

b) They were working under a scheme which had no future and their payment was from the fund available under the Fund available in the scheme and in some cases wages are being paid through 3rd party. They were paid for the said piece of work done by them on basis of a