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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
V. Venkata Swamy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. claim for retrospective regularization acknowledged. (Para 2 , 3 , 4) |
| 2. reference to past court rulings on pension rights. (Para 5) |
| 3. legal rights to pension defined under constitutional law. (Para 6 , 7 , 8 , 9) |
| 4. court orders retrospectivity in service regularization. (Para 10 , 11) |
ORDER :
(SUREPALLI NANDA, J.)
Heard Sri Nayakaw adi Ramesh, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-II appearing on behalf of the respondents.
2. The petitioners approached the Court seeking prayer as under :
“...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering claim of the petitioner for regularization of their services from the date of their initial appointment from 29.05.2003 is illegal, arbitrary and unconstitutional, apart from violative of Principles of Natural Justice and consequently to direct the respondents to consider the claim of the petitioners for regularization of their services retrospectively from the date of their initial appointment from 29.05.2003 for the purpose of granting of annual grade increments,
The court upheld the right to retrospective regularization of services and pension benefits under Article 300-A, emphasizing that prolonged service cannot be disregarded.
The court affirmed the right to retrospective regularization of services and pension benefits for temporary workers after five years of service, emphasizing adherence to prior judicial directives.
Entitlement to retrospective regularization and pension is affirmed, emphasizing that delay in seeking relief should not negate fundamental rights to benefits.
Temporary employees who have completed five years of continuous service are entitled to regularization of their service with effect from the date of completion of five years of service.
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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