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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI, J
P.Meenaiah – Appellant
Versus
The State of Telangana – Respondent
Writ Petition No.43145 of 2018
Decided on : 27-08-2024
(A) G.O.Ms.No.212, Finance and Planning (FW.PC.III) Dept., dated 22.04.1994 – Regularization of services – Petitioners, employed since 1985, sought regularization from the date of completion of five years of service as per G.O. – Court held that petitioners are entitled to benefits for pension from the date of completion of five years on or before 25.11.1993. (Paras 10, 12, 13)
(B) Writ Jurisdiction – Scope – Court directed authorities to extend benefits of regularization for pension and pensionary benefits only, without arrears of pay. (Paras 11, 13)
Facts of the case: Petitioners were employed on consolidated pay since 1985 and sought regularization of services under G.O.Ms.No.212, claiming eligibility based on completion of five years of service before 25.11.1993.
Findings of Court: Petitioners entitled to benefits for pension from the date of completion of five years of service on or before 25.11.1993, with no monetary benefits for the said period.
Issues: Whether petitioners are entitled to regularization and pension benefits from the date of completion of five years of service as per G.O.Ms.No.212.
Ratio Decidendi: The court reaffirmed that employees who completed five years of service before 25.11.1993 are entitled to pension benefits, emphasizing the need for timely regularization by the State.
Result: Writ petition disposed of, directing authorities to implement the decision within four months.
ORDER :
This writ petition is filed praying to grant the following relief:
2. Brief facts:
Petitioners were working under the control of respondent No.3 on a consolidated pay of Rs.200/- per month. Petitioner No.1 was a Helper and has been working from 15.07.1985; petitioner No.2 was a Barber and has been working from 01.03.1985 and petitioner No.3 was a Helper and has been working from 01.03.1985. Proceedings were issued in 1991 stating that petitioners, who were working on consolidated pay in Government Homes and Hostels, were to be paid remuneration of Rs.740/- per month i.e., minimum of pay scale applicable to last grade employees. They were entitled for Dearness Allowance (DA), House Rent Allowance (HRA) and City Compensatory Allowance (CCA) at the rates admissible at the respective places. Respondent No.3, vide Letter No.B/FTW/523/2016, dated 05.07.2016, submitted proposals for regularization of services of petitioners under G.O.Ms.No.212, Finance and Planning (FW.PC.III) Dept., dated 22.04.1994. Respondent No.3 stated that 12 Class-IV regular posts are vacant and the details were submitted. Respondent No.2 vide proceedings No.A1/1144/2015, dated 10.07.2017, regularized the services of petitioners against vacant posts in terms of G.O.Ms.No.212, dated 22.04.1994, in the pay scale of Rs.13,000-40,270 in PRC-2015. 2.1 The case of the petitioners is that they are eligible for regularization of services for completion of five years of service with the available vacancies. Petitioners aver that their services are to be regularized from the date of availability of vacancies as per the conditions in G.O.Ms.No.212, dated 22.04.1994, and that their regularization from the year 2007 is bad in law. Petitioners are seeking pension and pensionary benefits from the date of availability of vacancies. Hence, the writ petition.
3. The Director, Department for Empowerment of Persons with Disabilities, Senior Citizens and Transgender Persons, TG, Hyderabad, filed counter affidavit, wherein it is stated that the vacancies arose in the year 2016 only i.e., on the date of submission of proposals by respondent No.3 i.e., 05.07.2016 and as such the services of petitioners shall be considered from the date of proposals of respondent No.3 i.e., 05.07.2016 in terms of G.O.Ms.No.212, dated 22.04.1994.
4. Learned counsel for the petitioners submitted that petitioners were all last grade employees working as Helper, Barber and Helper and have been working from the year 1985 (from the months of March and July). It is further submitted that petitioners were appointed on a consolidated pay of Rs.200/- per month while they were employed in Government Homes and Hostels and their remuneration was raised to that of Rs.740/- in the year 1991 and were entitled for DA, HRA, CCA at the rates admissible at the respective places. It is submitted that respondent No.3 vide letter, dated 05.07.2016, submitted proposals for regularization of services of petitioners under G.O.Ms.No.212, dated 22.04.1994. Pursuant to such proposals, petitioners services w
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.
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
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 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....
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