HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.4956 OF 2021

ORDER:

Heard Sri Allabakash, learned counsel appearing on

behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of the respondent No.1 and Ms. K.Udaya Sri, learned standing counsel

appearing on behalf of the respondent Nos.2 to 5.

2. The petitioner approached the Court seeking prayer

as under:

“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the impugned action of the respondents in not allowing the petitioner the regular service and notional seniority w.e.f 1.5.1993 and pecuniary benefit w.e.f. 1.5.1993 while extending such benefits to all other contract labour absorbed under the scheme of absorption vide B.P.Ms. No.36, dated 18/05/1997 and B.P.Ms.No.271 and 272 dated 31/12/1997 and B.P.Ms. No. 326 dt 14.3.1998 and thereby denying the petitioner the equal treatment and further action of the respondents in giving consolidate pay to the petitioner while fixing higher scale to all other contract labour absorbed under the same scheme is highly illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and

consequently direct the respondents to allow the service benefit w.e.f 1.5.1993 and pecuniary benefit from 1.5.1993 as per B.P. Ms. 326, dt 14/3/98 as allowed to the other similarly Situated persons vide Memo No. CEE/O& MJDR NTTPS /Adm /C.3 /F. 8/D. N0. 2813/11, dt 14/12/2011 as per the orders of this Honorable Court in writ Petition No. 2179/2006, Dt 19/11/2010 and pass…”

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

The petitioner was engaged as a contract labourer (skilled worker) in the telecom department of TSTRANSCO (formerly APSEB), in the year 1993. The Government of Andhra Pradesh, through G.O.Ms.No.41 dated 23.09.1996, prohibited engagement of contract labour in various locations of work. Pursuant to this, TSTRANSCO issued B.P.Ms.No.36 dated 18.05.1997 and B.P.Ms.No.326 dated 14.03.1998 to absorb contract labour working in abolished categories, granting them service benefits w.e.f. 06.12.1996 and pecuniary benefits w.e.f. 09.12.1997.

Despite being similarly placed, the petitioner was not considered for absorption under the scheme by the respondents.

The petitioner aggrieved by the same filed W.P. No. 4209/1999, in the erstwhile High Court, and the court directed the respondents to consider the petitioner’s case for regularization. The respondents called the petitioner for an interview on 28.10.1997 and the petitioner appeared for the interview; however, no further action was taken. The petitioner was eventually absorbed on 29.07.2017 as Artisan Grade-II, on an "as-is-where-is" basis with no service benefits or pecuniary benefits.

It is further the case of the petitioner that other similarly situated persons in W.P. No. 2179/2006 and W.P. No. 17643/2012, were granted benefits under the scheme, including regularization, pay scales, seniority, and promotions but the petitioner was denied of similar treatment which has resulted in loss of pecuniary and service benefits. Despite the petitioner’s representation dated 03/2020, no action has been taken. Aggrieved by the same the petitioner filed the present writ Petition.

4. PERUSED THE RECORD:-

A. The proceedings T.O.O.(Jt.Secy) Ms.No.115, dated 29.07.2017 issued by the 2^nd respondent organization is extracted hereunder:-

Whereas, the issue of absorption of "Outsourced Personnel" was placed before the Board of TSTRANSCO in its 19th Board Meeting held on 30-05-2017. The Board of TSTRANSCO, alter perusal of the proposal of absorption of outsourced personnel working in TSTTRANSCO, has resolved to regularize the Outsourced Personnel, and that a Committee be constituted to verify and scrutinize all the applications received and submit the details to the Board in their next meeting for furt