Employees engaged in irregular (not illegal) appointments who have rendered continuous service of ten years or more against sanctioned posts are entitled to regularization of their services as a one-time measure and consequential benefits, as the State cannot exploit long-term ad-hoc employment to deny entitlements.

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 declaring the action of the respondents not regularising the services of the petitioners in their respective posts and existing vacancies as held by this Hon’ble High court in W.P.No. 24377/2007 as confirmed in the W.A. No. 782/2010 as illegal, arbitrary, contrary to law and violation of Article 14 and 21 of the constitution of India and further direct the respondents to regularise the services of the petitioners in their respective posts As considered by the respondents Memo No. 1037429/PRR01/2019-ESTT-II dated 19.9.2025, which is issued in implementation of judgements in O.A.No. 1420/2001, O.A.No. 2108/2001 and judgment in W.P. No.15089/2019 and existing vacancies from the date of their initial appointment in terms of Judgment in W.P.No. 27217/2017 as confirmed in W.A.No. 782/2010 and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Main Prayer amended/substituted as per Court Order dated 31.12.2025 vide IA No.1 of 2025 in WP No.21843 of 2022.

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not regularizing the services of the petitioners in their respective posts and existing vacancies as held by this Hon’ble High Court in W.P.No.24377/2007 as confirmed in theW.A.No.782/2010 as illegal, arbitrary, contrary to law and violation of Article 14 and 21 of the constitution of India and further direct the respondents to regularize the services of the petitioners in their respective posts As considered by the respondent’s Memo No.1037429/PRR01/2019-ESTT-II dated 19.09.2025, which is issued in implementation of judgments in O.A.No.1420/2001, O.A.No.2108/2001 and judgment in W.P.No.15089/2019 and existing vacancies from the date of their initial appointment in terms of judgment in W.P.No.27217/2017 as confirmed in W.A.No.782/2010 and pass”

2. The contents of the writ petition, in brief, are that the petitioners were initially appointed as NMR Work Technical and Non-Technical Inspectors and Watchman and Non-Technical Pump Mechanics before 25.11.1993 and they were granted Minimum pay Scales to their respective posts and posted in different places and other Government Welfare Programmes.

3. Learned counsel for the petitioners submits that while the petitioners are working, the Government has issued G.O.Rt.No.747, dated 25.02.2005 wherein the Government has granted minimum time scale and D.A to the petitioners and other subsequent revision of pay scale were extended to the petitioners from time to time. Learned counsel submits that the 2nd Respondent sent proposal to the 1st Respondent vide Proc.CCT’s Ref.No.E4/839/2007, dated 04.08.2009, wherein it is categorically stated that there are 339 vacancies are available and proposed for regularization of services. Learned counsel submits that though the petitioners are getting all the benefits on par with the regular employees, but their services are not being regularized in spite of the Hon’ble Supreme Court Judgments as in the case of similarly situated persons as there are number of existing vacancies in the last grade category are avai