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.

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 17.08.2015 has followed by this Honourable Supreme Court in WP. No. 33936 of 2011 and Batch Reported in 2018 4 ALT Page 6 with a direction to pay pension and pensionary benefits to the petitioners of deceased employees and pass.….”

3. The specific grievance of the petitioners is that both the petitioners husbands(Diseased) were appointed as PH workers on NMR basis in the year 1986. Thereafter petitioners husbands along with other workers filed OA. No.38/2006 before the Hon’ble AP Administrative Tribunal for the regularization of services which was dismissed by order dated 09.06.2008 but the same order was set aside by this composite AP High Court in the W.P.No.11902/2009 preferred by petitioners husbands and court was pleased to direct the respondents to reconsider the request of the petitioners husbands for regularization. Thereafter government had issued GO.Rt.No.1229 MA & UD dated 3.08.2013 regularizing their services prospectively, but not retrospectively from the date of completion of ‘5’ years of daily wage service, for the purpose of seniority, pension and other benefits even after extracting the service from the petitioners similar to regular workers i.e., 8 hours per day. It is further the case of the petitioners that in similar circumstances, the Apex Court in Srinivasulu and others vs Nellore Municipal Corporation s held that daily wage workers who were regularized are entitled to retrospective regularization i.e., from the date of completion of ‘5’ years as temporary worker, for the purpose of seniority and other benefits and Andhra Pradesh government had implemented the directions given by Apex Court but same is not being followed by the respondents herein. It is further the case of the petitioners that this Hon’ble High Court by relying on Srinivasulu and others vs Nellore Municipal Corporation directed the respondents to implement the retrospective regularization of service for the purpose of seniority, pension and other benefits but respondents are not implementing the above directions by citing that the Apex Court in Srinivasulu and others vs Nellore Municipal Corporation dated 17.08.2015 relied on M.L.Singh case judgement which was overruled by the Apex court in Manjula Bashini case reported in 2009 (4) SCC 431. Aggrieved by said action of the respondents, the petitioners approached the Court by filing the present Writ Petition.

PERUSED THE RECORD:-

4. The petitioners herein in the present Writ Petition are the wives of the deceased employees, i.e., petitioner Nos. 5 & 6 in W.P.(TR) No.2432 of 2017, on earlier occasion, employees i.e., the husbands of the petitioners herein, the petitioner Nos. 5 & 6 in W.P.(TR) No.2432 of 2017 approached this Court seeking prayer as under:-

“………to declare the action of the respondents in not count