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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE SRI JUSTICE SAMBASIVARAO NAIOU WRIT PETITION NO: 12805 OF 2022 Betwee n:
1, The Unlon of lndia, Rep by Director General CPWD, Nirman Bhavan, New Delhi 1 10 01 1.
2. The Special Director General Southern Region, CPWD Rajaji Bhavan, Basant Nagar, Chennai.
3. The Deputy Director General (HQ), Southern Region, CPWD Rajaji Bhavan, Basant Nagar, Chennai.
4. The Chief Engineer, Southern Zone 2 CPWD, Sultan Bazar, Hyderabad.
5. The Superintendent Engineer, Hyd. Central Circle '1 , CPWD, Hyderabad -95.
...PETITIONERS AND
1. K. Narsing Rao, Aged 53 years, S/o (L) K. Swamy, working as Beldar in CPWD, Hyderabad. Rl/o. H.No.7-2-271, Ashok Nagar, Takaru Basti, Secunderabad - 3.
2. M l/oses, aged 50 years, S/o. (L) Soloman, working as Beldar, ln CPWD, Hyderabad R/o. H.No. 1 2.8. 1 00, Mettuguda, Secunderabad. 3.
3. U. Ch. Obaiah, aged 52 years, S/o (L) Obanna, working as Beldar in CPWD, Hyderabad R/o H.No.2-14-78, Beerappagadda, Hyderabad - 39.
4. D. Mohan, aged 48 years, S/o (L) D. Narashimullu working as Beldar in CPWD, Hyderabad, Rl/o. H.No.2-18-65, Ambedkar Nagar, Uppal, Hyderabad -
39.
5. R. Ramesh, aged 43 years, Silo (L) tt/allaiah, working as Beldar, ln CPWD, Hyderabad, R/o. H.No.12.8.100, Mettuguda, Secunderabad.
...RESPONDENTS Petition Under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction, especially one in the nature of Writ of Certiorari, calling for the records relating to order daied 711212020 in OA No. 1255 of 2014 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same by declaring illegal, arbitrary, contrary to law and pass.
I.A.No ;1 0F 20 in the aP fe fit dit aio vn it u fitn ed de r ir rs se uc o-t pio on rt, .1 o5 f J tn.. ecp pc e p iir ioay ,nin ,'g in t .h 'ia fit g nin the circumstances stated suspend operation of the^orders oit"i'i)'i;))lo20.in Court may be pteased to passed bv the Hon'bre centrai nJririJiriifJ'Tribrnao rA , No.'1255 0t-iotq, Hyderabad, pending ctisposat *rii p"iiii"r'.lji"., Hvderabad Bench, "i Counsel for the petitioners : SRI.NAMAVARAPU
counser for the Respondents ,rj'rT'*^R : M/s.G.pAVAN The Court made the following ORDER HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU WRIT PETITION No. 12aOS of 2022 ORDER: (per Justice A.Rajasheker Reddg)
This writ petition is filed praying the following relief;
"....to issue a Writ or order or direction more particularly one in I the nature of Writ of Certiorari, calling for the records pertaining to \ order dt.O7. 12.2O2O ln OA.No.1255 of 2OL4, passed by the Hon,ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same, as illegal, arbitrary and contrarJr to law and pass such order. .... ."
.
Learned counsel for respondents/applicants submits that the ljs in this writ petition is squarely covered by order dt.O7.O3.2022 passed by the Division Bench of this Court in WP.No.l0840 of 2022.
The same is not disputed by the learned counsel for petitioners.
In view of the same and for the reasons alike this writ petition is also dismissed. However, since both the counsel state that the respondents/appiicants are working, question of granting consequential benefits does not arise. As such, the order of the Tribunal only to the extent of granting consequential benefits is set aside. The order of the Tribunal in all other respects stands confirmed.
No order as to costs.
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Office is directed to append a copy of the order dt.O7.03.2O22 passed by the Division Bench of this Court in WP.No.10B4O of 2022 to this writ petition.
As a sequel thereto, miscellaneous applications, if any
1:ending, sha11 stand closed. No order as to costs.
ASSISTANT REGISTRAR SECTIO ICER To
1. ONE CC tO SRI.NAIT/AVARAPU RAJESHWAR RAO (ASSGI) [OPUC]
2. One CC to M/s.G.PAVAN MURTHY, Advocate [OPUC]
3. Two CD Copies 4. One spare cop)'
S.A SB (Along with copy order dated 07'03-2022 W.P.No. 10840120221 '}
HIGH COURT DATED:2910312022 (r llt I F ra ts\
ORDER \
WP.No.12805 c>f 2022 DISMISSING THE W.P WITHOUT COSTS.
o THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT DR. JUSTICE G. RADHA RANI WRIT PETITION NO. 1O84O OF 2022 ORDER: (Per Hon'b1e Sri Justice P.Naveen Rao)
This writ petition is filed praying to grant the following relief "...to issue Writ, order or direction especially one in the nature of Writ of Certiorari calling for the records relating to order dated 291312021 in O.A.No.599 of 2019 and M.A'No.268 of 2O2l on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad, and quash the same by declaring illegat, arbitrary, contrary to law and pass.""
3. The seniority list of casual workers dated
30.ll.2OO7, was challenged before the Central Administrative ,the Tribunal, Hyderabad Bench (for short TribunalJ in O.A.No.839 of 2OO7. The Tribunal vide order dated 21.07.2010 set aside the serriorit5r list dated 3O.|L2OOZ and directed the respondents the:ein, "to reuise the senioritg list of casual tporkers based ortlg on number of dags tLe casual workers u.ere engaged. on Han.d" Receipt/ Work Ord.er basis and. to fitt the approued. uacancies uith the persons in the senioity /ist as reuised. Alleging that the said orders were not complied, the applicants therein filed Contempt petition No. i l0 of 2Ol2 in O.A.No.839 of 2OO7, before the Tribunal. The Tribunal was informed that the applicants therein were appointed on regular basis.
4, It appears that the C.P'W.D., regularized the services of 18 casual workers, including the petitioner in O.A.No.839 of 2OO7, against 10 sanctioned posts. Simultaneously, the proposals were moved by the Union Head to C.P.W.D., to the Director General, C.P.W.D', to create additional posts to accommodate 8 casual workers whose services were regularized against 1O sanctioned posts. However, the proposal to create additional posts was rejected, which ied to taking recourse to terminate tfre services of respondent herein, on the ground that in the revised seniority list, his name was shown at SI.No.2|, whereas there were only 10 vacancies and therefore, he could not be accommodated and the appointment granted to him in the year 2007 was not sustainable and accordingly, he was restored to the status of casual worker.
.5. Aggrieved by the termination from service/
reversion as casual labour orders dated 05.07.2019, the respondent herein filed OAlO2IlOO599 l2Ol9 before the Tribunal.
6. The ilribunai disposed oI the said O.A. , granting relief to respondr:nt herein, by setting aside the order dated 05.O7.2OI9 wherein he was restored to the status of casual r' ' ''
worker. " ':"r ' .
7 We have heard learned Assistant Solicitor, General, appearing for pelitioners, and Sri G. Pavana Mgr&y, learned counsel for the respondent.
8. The respondent acquired the status of a Government employee through his temporary appointment as Beldar vide orde,r dated 04. |2.2OOZ and was governed by provisions of rules regulating the services, as well as the protection granterl by Article 31 1 of the Constitution of India. On temporary appointment as Beldar, he was kept on probation and on successfui completion of probaLion period, his probation was declared vide proceedings dated 29.LO.2OLO. Therefore, his services were confirmed and he became a permanent employee of the Central Fublic V[orks Department. A permanent employee is governed by Central Civil Services (Classilication, Control and Appeal) Rules, 19fi5.
9. The mandate of Article 3 1 I of the Constitution of India is very clear. Once a person becomes a permanent employee, he cannot be removed or dismissed from service without following the due process of law. By the order dated 05.O7.2olg, the respondent was sought to be posted as casual worker. Though the term used is reversion, there cannot be a reversion of a permanent employee working as Beldar, to that of a casual worker. There is no post of casual worker in the establishment of Central Public Works Department' Therefore, no person can be re
