THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.11352 OF 2023

ORDER:

Heard Sri Aravind Kumar Kata, learned counsel

appearing on behalf of the petitioners, Sri Mirza Safiulla Baig, learned Standing Counsel for Kakatiya Urban Development Authority appearing on behalf of the respondent No.1 and the learned Assistant Government Pleader for Services-I I I , appearing on

behalf of respondent No.2.

2. The petitioners filed the writ petition seeking the

following relief

“…to issue a Writ, order or direction more

particularly one in the nature of Writ of Mandamus:- A) by declaring the entire action of the respondents, in not regularizing/ absorbing the services of the petitioners as last grade employees, even though, they are fully eligible, satisfied the criteria laid down by Honble Supreme court in Para 53 of its judgment in 2006 (4) SCC (1), despite of their repeated

requests is as highly illegal, arbitrary, unjust, improper, colorable exercise of power and contrary to the above judgment including Division Bench Judgment of this Honble court dt, 19.9.2017 in WP No. 27217/2017 reported in 2018 (2) ALD 282 DB.

B) And consequently to direct the respondents to forthwith consider regularization of services of petitioners as class -IV employees in terms of criteria laid down Para 53 of judgment in 2006 (4) SCC (1) R/w Division Bench of this Honble court dt. 19.9.2017 in WP No. 27217/2017 reported 2018 (2) ALD 282 DB, w.e.f the day on which, the petitioners completed 10 years, of service, with all consequential benefits there on and to pass...”

3. The case of the petitioners, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:

i) The petitioners were engaged as NMR employees in 1990 and 1986 respectively, and were later appointed as unskilled mazdoors in time scale pay in 1997. Petitioner No.1 was subsequently converted as Attender in 2001, and both petitioners were extended minimum time scale benefits in 2010. The services of the petitioners were regularized vide proceedings dated 10.02.1997, but the same were cancelled on 12.09.2003.

ii) The petitioners earlier filed O.A.No.7099/2012 before the Tribunal seeking service benefits, which was allowed on 04.09.2012. Aggrieved by the orders of the Tribunal, the respondents filed W.P.No.1171 of 2013 before this Court, which was allowed on 12.02.2013, remanding the matter to the Tribunal for fresh consideration.

iii) Though the petitioners were engaged against clear vacancies, extended service benefits earlier, and are entitled to regularization under G.O.Ms.No.212 of 1994 and G.O.Ms.No.112, and though this Court in W.P.No.27217 of 2017 and W.P.No.47675 of 2018 directed regularization of similarly placed employees, despite repeated representations made by the petitioners, the respondents failed to act upon the same. Aggrieved by same, the petitioners have approached this Court by filing the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the counter affidavit has been filed on behalf of the respondent No.1 and the same is extracted hereunder:

5………….. Accordingly this respondent has cancelled the regularization orders of the Petitioners along with other regularized persons vide proceedings A/1250/1996, dated. 12-09-2003 and continued them as NMRs. Further, this respondent has submitted the proposals of NMRs for issue of suitable orders for regularization vide Letter No.A/ 1250/ 1996, dated.17-10-2003. The 1^st Petitioner completed 3 years 6 months and the 2nd Petitioner completed 4 years 10 months as on 25-11-1993 having qualification of 8th class by both the Petitioners. After careful examination of the proposals, the Government have rejected the proposals of the Petitioners as Manmazdoor and Chainman as they have not fulfilled the conditions as per the G.O.Ms.No.212, dated. 22-04-1994 and G.O.Ms.No.249 dated.08-07- 2004. Subsequently on the request of the Petitioners, this Respondent has submitt