APHC010612722012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 38865/2012 Between:

1. K. SATYANARAYANA & 12 ORS., S/O. PEDA LINGAIAH, AAE/ELECL. , AGED ABOUT 54 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

2. B. RAGHAVA RAO,, S/O. KRISHNA RAO, AAE/MECH. , AGED ABOUT 54 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

3. N.S.R. KOTI REDDY,, S/O. KRISHNA REDDY, AAE/MECH. , AGED ABOUT 54 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

4. K.BHAVANICHAND,, S/O. CHALAPATHI RAO, AAE/EIECI.. AGED ABOUT 54 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

5. V. NAGESWARA RAO,, S/O. RAMAIAH, AAE/MECH. , AGED ABOUT

54 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

6. M. RAVI KUMAR,, S/O. KRUPA RAO, AAE/EIECI.. , AGED ABOUT 53 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

7. R. SRINIVASA RAO,, S/O. RAMA MURTHY, AAE/ELECL.. , AGED ABOUT 53 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

8. CH. SATYANARAYANA,, S/O. NAGABRAHMACHARI, AAE/ELECL.. , AGED ABOUT 52 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

9. B. PREMCHAND,, S/O. SOBHANADRI, AAE/ELECL.. , AGED ABOUT

51 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

10. R .V.V. DEEKSHITULU,, S/O. NARASIMHACHARYULU, AAE/MECH. , AGED ABOUT 49 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

11. K . SRINIVASA RAO,, S/O. KISTAIAH, AAE/EIECI. , AGED ABOUT 49 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

12. K . ANILKUMAR,, S/O. PRASAD RAO, AAE/MECH. , AGED ABOUT

48 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

13. P . SUBBA RAO,, S/O. RAMANAIAH, AAE/MECH. , AGED ABOUT 47 YEARS, DR. N.T.T.P.S., IBRAHIMPATNAM, KRISHNA DISTRICT.

...PETITIONER(S)

AND

1. C HAIRMAN AP GENCO HYD 3 ORS, VIDYUT SOUDHA, HYDERABAD.

2. T HE MANAGING DIRECTOR APGENCO LTD, VIDYUT SOUDHA, HYDERABAD.

3. T HE CHIEF GENERAL MANAGER ADMINISTRATION, APGENCO, VIDYUT SOUDHA, HYDERABAD.

4. T HE CHIEF ENGINEER OPERATION AND MAINTENANCE, DR.

NARLA TATARAO THERMAL POWER STATION, IBRAHIMPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the action of the respondents in not regularizing the Service rendered by the petitioners from 31.08.1989 to 05.12.1996 as contract labour to pay the pension as against the principles of natural justice, illegal, arbitrary and violative of Article 14 of the constitution of India, and consequently direct the respondents to regularize the service rendered as a contract labour for the purpose of calculating the service for the payment of pension IA NO: 1 OF 2012(WPMP 49302 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to take necessary steps on the representation dated

01.08.2012 submitted by the petitioners pending disposal of the writ petition Counsel for the Petitioner(S):

1. S APPADHARA REDDY Counsel for the Respondent(S):

1. K.KRISHNABUSHAN CHOWDARY SC For APGENCO

2. K ARUNA(SC FOR APGENCO)

The Court made the following:

Order:-

The petitioners have filed the present writ petition seeking to consider their service from 31.08.1989 to 05.12.1996 as contract labour to pay the pension by considering the same as service rendered to the respondent organization.

2. The learned counsel appearing for the petitioners submits that the petitioners were absorbed as Sub-Engineers on 06.12.1996 and, prior to their absorption, they were engaged as NMR workers.

3. It is submitted that this Court, in W.P.No.12806 of 1988 and batch, had considered the cases of similarly placed employees whose service i