APHC010318152013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13014/2013 Between:

1. C H. MALLESWARA RAO, S/O. LATE. RAMANNA,, ATTENDER, D.NO.

1-352, LINGALAVALASA (V), RANA (PO), JALUMURU (M), SRIKAKULAM DIST.

...PETITIONER AND

1. T HE GOVT OF A P REP BY ITS PRL SECRETARY, HOUSING DEPARTMENT, SECRETARIAT, HYDERABAD

2. T HE MANAGING DIRECTOR, A.P. STATE HOUSING CORPORATION LTD., HIMAYATNAGAR, HYDERABAD.

3. T HE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD., SRIKAKULAM.

4. T HE DISTRICT COLLECTOR SRIKAKULAM, -

...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 any writ, order or direction particularly a writ in the nature of MANDAMUS directing the respondents to regularize the services of the applicant from the date of completion of five years of service i.e. 15-11-1990 retrospectively with extension of all monetary benefits to the applicant including promotions at the appropriate intervals with all consequential and attendant benefits IA NO: 1 OF 2013(WPMP 15986 OF 2013 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 1st respondent to pass orders within 4 weeks effecting retrospective regularization of the petitioner by taking the proposals of the 2nd respondent in Lr.Rc.No.A3/2958/2004, dtd. 13-03-2007 in the interest of justice IA NO: 1 OF 2026 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 May be pleased to grant leave for the Counter affidavit in W.P.No.13014 of

2013 and pass Counsel for the Petitioner:

1. B M PATRO Counsel for the Respondent(S):

1. K MALLIKHARJUNA MOORTHY

2. GP FOR REVENUE

3. M RAVINDRANATH REDDY(SC FOR APSHC)

4. GP FOR HOUSING The Court made the following:

Order:-

The petitioner is seeking regularization of his services with effect from

15.11.1990. The petitioner was appointed on daily wage basis as a sweeper on payment of Rs.14/- per day. Thereafter the 2^nd respondent sent a proposal to the 1^st respondent on 13.03.2007 seeking the approval for regularizing the services of the petitioner with effect from 15.11.1990 after the petitioner completing five (05) years of continuous service.

2. It is submitted that the services of the petitioner were regularized vide proceedings dated 01.11.1989. It is also submitted that the petitioner was initially recruited against the sanctioned and a clear vacancy of attender-cum-watchman. It is also submitted that the regularization orders were revised vide proceedings dated 09.07.1990 by regularizing the services of the petitioner with effect from 15.11.1985. Thereafter after lapse of five (05) years, the 3^rd respondent vide proceedings dated 30.06.1995 cancelled the orders of regularization and reverted the petitioner to the post of attender-cum-watchman on daily wage basis. The petitioner filed W.P.No.15637 of 1995 challenging the impugned proceedings on reversion as a daily wage worker. The writ petition was disposed of on 21.04.1998 with a direction to regularize the services of the petitioner in terms of G.O.Ms.No.212 dated 22.04.1994.

3. It is further submitted that the 1^st respondent rejected the claim of the petitioner for regularization. It is submitted that the said rejection is purely on the assumption that the petitioner was not engaged against the clear and sanctioned vacancy. It is also submitted that the proposals for regularization were being sent by the 2^nd respondent as well on 13.03.2007 to the 1^st respondent. However, there was no proper reply or response to the said proposals. It is submitted that the issue of retrospective regulariza