Failure to regularize services and grant increments to a long-serving employee constitutes discrimination and violates principles of natural justice under Articles 14, 16, and 21.

ORDER :

(SUREPALLI NANDA, J.)

Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of respondent No.1, Sri K. Pradeep Reddy, learned Standing Counsel for Zilla Praja Parishad, appearing on behalf of respondent Nos.2 and 6 and Sri Kishore Rao Puskuru, learned counsel appearing on behalf of respondent No.4.

2. The petitioner filed the writ petition seeking the following relief

“… to issue an appropriate Writ, Order or direction preferably one in the nature of Writ of Mandamus and to declare the action of the respondents for not regularizing the services of the petitioner as Office Subordinate though he was completed service more than 32 years since his appointment i.e from 13-07-1989 and also not issuing regular Annual Grade Increments from the date of his promotion as Full Time Sweeper i.e. from 25-10-1993 to till date the said action of the respondents is highly illegal, arbitrary, unreasonable discriminatory and also in violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of India and declare the same as bad in law and consequently direct the respondents to regularize the services the petitioner as Office Subordinate from 25-10- 1993 and sanction regular Annual Grade Increments for which the petitioner is entitled and with all consequential and attendant benefits and to pass...”.

3. The case of the petitioner in brief, is that the petitioner was given appointment as Part Time Sweeper on 21.07.1989 as there was no vacancy of Attender and later the petitioner was promoted as a Full Time Sweeper on 25.10.1993 and new scale was granted to the petitioner by the 4^th respondent vide proceedings dated 10.11.1993 and in the meanwhile, the petitioner has passed Intermediate on 19.07.2002. The services of the petitioner were not regularized but whereas one A. Narsimulu, same Part Time Sweeper services were regularized vide proceedings dated 13.06.2013 by the very same CEO, Medak District. The 2^nd respondent issued proceedings No. B4/2844/98, dated 15.08.2004 sending proposals that Full Time Sweeper will be converted as a Last Grade Employees and also to issue RPS 1999 in the Last Grade Service and sent particulars to the 1^st respondent but it was not acted upon.

3 (i). The petitioner’s further case is that though the petitioner is working since 1989 and promoted from PTS to Full Time Sweeper in the year 1993 and even after completion of 32 years of service, the services of the petitioner were not regulized though there are several vacancies due to the retirements. The petitioner has been making representations from 2012, 2014, 2016, 2017, 2018, 2019 before the 2^nd respondent for regularization of his services and also for the regular Annual Grade Increments from the date of his promotion as Full Time Sweeper. The petitioner submitted representations dated 25.01.2021 before the 3^rd respondent, on 15.03.2021 to the 5^th respondent and the same was forward to District Educational Officer, Medak on 16.03.2021 who in turn issued a letter dated 17.04.2021 to the 2^nd respondent requesting for taking necessary action but the 2^nd respondent kept the proceedings abeyance and not taking any action. Aggrieved thereby the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD.

(A) The Lr.No.1103/A1/2021, dated 17.04.2021 of the District Educational Officer (FAC), Medak District issued to the respondent No.2 is extracted hereunder: