THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.38674 OF 2022

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief:

“to issue writ of mandamus (A) By declaring the action of the respondents in not considering the genuine claim of the petitioner for retrospective regularization i.e w.e.f the date of completion of five years of service or on or before 25.11.1993 for the purpose of his pension and pensionary benefits in terms of Judgment of Honble Apex court decided between B.Srinivasulu Vs Nellore Municipality rendered in Civil Appeal No 6318 of 2015 dt 17.08.2015 r/w Reported Judgment of Division Bench in 2020 6 ALD 349 AP DB and recent Judgment dt 30.09.2022 rendered in W.P No.43482 of 2018 of High Court of Andhra Pradesh and regularizing only with prospective effect vide G.O Rt No.615 Revenue CT III Dept dated 18.07.1995 is as highly illegal and contrary to the above judicial pronouncements if necessary to set-aside the same in so far as the petitioner is concerned (B) And consequently to direct the respondents to consider the case of the petitioner for extending the benefit of past service rendered by him prior to his regularization orders issued in G.O.Rt No.615 Revenue CT-III Dept dated 18.07.1995 for the purpose of pension and pensionary benefits in terms of Judgment of Honble Apex court decided between B Srinivasulu Vs Nellore Municipality rendered in Civil Appeal No 6318 of 2015 dt 17.08.2015 r/w Reported Judgment of Division Bench in 2020 6 ALD 349 AP DB and recent Judgment dt 30.09.2022 rendered in W P No 43482 of 2018 of High Court of Andhra Pradesh”

2. The brief facts of the case are that, the petitioner was appointed as NMR Daily wage employee on 08.02.1988 and posted in the office of CTO, Brodipet, Guntur. The services of the petitioner were regularized vide G.O.Rt.No.615 dated 18.07.1995 in terms of G.O.Ms.No.212 F & P (PC.III) Department dated 22.04.1994 with prospective effect i.e. from the date of issuing the order instead of regularizing his services from the date of appointment. The petitioner retired from service on 30.06.2021 on attaining the age of superannuation. The petitioner filed the present writ petition to count his past service rendered prior to his regularization i.e. retrospective regularization, for the purpose of pension and pensionary benefits.

2. Respondent No.3 – Joint Commissioner, Guntur-I Division, filed counter affidavit stating that, the petitioner was not initially appointed against clear vacancy. There are no such sanctioned posts in the name of NMR Daily wage employee in the subordinate offices of Commercial Taxes Department. When there were no sanctioned posts, there will be no vacancies. Moreover, the petitioner was initially appointed as unskilled labourer on 08.02.1988 and later absorbed as Attender w.e.f 01.08.1995 in terms of G.O.Ms.No.212 dated 22.04.1994 and G.O.Rt.No.615 dated 18.07.1995. the petitioner services in the cadre of Attender freshly start with effect from the date of jointing as Attender and that he had no right to claim the service rendered by him till the date of orders. The appointment of the petitioner is not similar to that of the appointments of incumbents vide G.O.Rt.no.3072 Finance (Admn- III) Department dated 03.07.2010, as the incumbents in G.O.R.t.No.3072 dated 03.07.2010 were initially appointed as L.D.As in the actual vacancies and subsequently regularized as Junior Accountants, whereas the petitioner in the present writ petition was appointed as unskilled labour which was not a post sanctioned by the Government. There are no such sanctioned posts in the name of NMR Daily wage employee in the subordinate offices of Commercial Taxes Department and when there were no sanctioned pots, there will be no vacancies. Hence, the petitioner was not eligible for regularization in the cadre of Attender w.e.f the initial appointment as unskilled labourer on daily wage basis. As per the