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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
State of Telangana – Appellant
Versus
Md. Rasheed – Respondent
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
1. Heard learned Government Pleader for Services-II appearing for the appellants and Sri G. Gopal Rao, learned counsel for the respondent.
2. The order passed by learned single Judge of this Court in W.P. (TR) No. 5611 of 2017, dated 23.01.2023, is under challenge in the present Writ Appeal.
3. By the order under appeal, the learned single Judge allowed the said Writ Petition filed by the respondent herein seeking to set aside the proceedings dated 09.02.2016 issued by appellant No. 3 and to direct the appellants-authorities to regularize the services of the respondent on completion of five years of service on par with the similarly situated person i.e. K. Vijay Kumar and to pass appropriate order within a period of six weeks from the date of receipt of copy of that order.
4. In nut-shell, the facts of the case are that initially, the respondent was appointed as Man Mazdoor (NMR) on 28.12.1982 in Nagarjuna Sagar Left Canal Organization Stores Division, Miryalaguda; that later, he was transferred along with others vide proceedings dated 16.04.1987 to Srisailam Left Bank Canal Stores Division; that again, he was transferred to Telugu Ganga Project;
Regularization of services must adhere to constitutional principles and cannot discriminate against similarly situated individuals.
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
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner fail....
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
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