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IN THE HIGH COURT OF TELANGANA
SUREPALLI NANDA
K.Lakshmamma – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. challenge to non-retrospective regularization of service. (Para 2 , 3) |
| 2. previous case law directions on retrospective regularization. (Para 4 , 5) |
| 3. dispute over authority and compliance with prior orders. (Para 6 , 9) |
| 4. supreme court ruling on service regularization principles. (Para 7 , 8) |
| 5. writ allowed; remittance for fresh decision ordered. (Para 11) |
ORDER :
Surepalli Nanda, J.
Heard Sri P.Raghavendra Reddy, learned counsel appearing on behalf of the petitioners and learned Government Pleader for Services-I appearing on behalf of the respondents.
2. The petitioners approached the Court seeking prayer as under:
“…….to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus by calling for the records relating to the Proc Roc. No. 299626/2021/A3 dt 19/3/2021 issued by the 3rd respondent and set aside the same by declaring as illegal, arbitrary, and voilative of the principles of natural justice and consequently direct the respondents to grant retrospective regularization from the date of completion of ‘5’ years for the purpose of pension and pensionary benefits as held by the Honourable Supreme Court in Civil Appeal No.6318 of 2015 dt
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.
The court upheld the right to retrospective regularization of services and pension benefits under Article 300-A, emphasizing that prolonged service cannot be disregarded.
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
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