The court emphasized that long-serving employees misclassified as part-time should be considered for regularization under applicable government orders, ensuring adherence to principles of natural justice.

ORDER :

SUREPALLI NANDA, J.

Heard Sri Jurispath, learned counsel appearing on behalf of the petitioner, and learned Assistant Government Pleader for Services-I , appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“(a)…to issue a writ or order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioner in the post of Water man cum Gardener/ Attender in the 3^rd respondent college without extending the benefit of G.O.MS.No.212, 22.04.1994 on par with similarly situated persons, who got regularized in view of the G.O.Ms.No.212, as per the orders in W.P.(TR).No.5110 of 2017, dated 10.08.2018 and W.P.No.16414 of 2019, dated 02.08.2019 which arises as per the analogy laid down in O.A.No.6988 of 1996, dated 14.09.1999, which was confirmed by the High court in W.P.No.16029 of 2000 dated 19.07.2010 is arbitrary, bad and illegal and violation of the principles of natural justice and Article 14 and 300-A of the Constitution of India and consequently hold that the petitioner is entitled to have his services regularized under the guise of G.O.Ms.No.212, with all consequential benefits, pay, arrears of pay, increments on the analogy of the orders passed in the above matters, in the interest of justice.

(b) …for the reasons and circumstances stated above, the Hon’ble Court may be please to set aside the proceedings issued by the 2nd respondent vide RC.No.OP.1-1/ 1559453/ 2022 dated 08.06.2022, in the interest of justice.”

3. The case of the petitioner, in brief, is that the petitioner was appointed as a Waterman-cum-Gardener on a consolidated pay of Rs.75/- in respondent No.3 college on 27.01.1986, under Rule 10 (a) (1) (i) of the Andhra Pradesh Subordinate Service Rules, and has been in continuous service since then. The petitioner claimed entitlement to regularization under G.O.Ms.No.212 dated 22.04.1994, which was introduced to regularize the services of employees who worked continuously for a minimum period of 5 years before 25.11.1993. Despite filing O.A.No.6920 of 1996 and O.A.No.350 of 2000 for regularization of the petitioner’s service and the respondents having been directed by the Administrative Tribunal and the High Court to consider regularization, the respondents rejected the petitioner's claim vide proceedings dated 08.06.2022, stating that the petitioner’s appointment was "Part-Time," even though the petitioner worked full-time and performed additional duties, including sweeping the college premises. It is further the case of the petitioner that similarly situated employees, namely Mr. N. Bikshapathy and Md. Fareed, had their services regularized through similar legal proceedings, including O.A.No.6988 of 1996, W.P.No.16029 of 2000, W.P.(TR)No.5110 of 2017, and W.P.No.16414 of 2019, which were decided in favor of the applicants, confirming their entitlement to regularization. The petitioner submitted a representation on 17.03.2022, requesting regularization under G.O.Ms.No.212, but the same was not considered. Aggrieved by the said action of the respondents in rejecting the claim of the petitioner for regularization, the petitioner had filed the present Writ Petition.

4. PERSUED THE RECORD

5. The impugned order vide RC.No.OP.1- 1/ 1559453/ 2022, dated 08.06.2022 passed by respondent No.2 is extracted hereunder:

“Sub:- SUITS - W.P.No.20382/2022, filed by Sri E. Venkateswarlu, Part-Time Waterman Cum Gardener, Government Junior College (Girls), Mahabubabad, Mahabubabad District, Old Warangal District - for regularisation of services - Not feasible of compliance – Orders - Issued Read:-1] Government Memo.No.475/IE.A2/2022, dated 16/05/2022

2] Hon'ble High Court Orders dated 22/04/2022 in W.P.No.20382/2022, filed by Sri E. Venkateswarlu, Part-Time Waterman Cum Gardener, GJC (Girls), Mahabubabad, Mahabubabad District

2] Representation dated 14/03/2022 of Sri E Venkateswarlu, Part-Time Waterman