HON’BLE MRS JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.22529 OF 2020

ORDER:

Heard Sri P. Raghavendra Reddy, learned counsel

appearing on behalf of the petitioners and learned Government Pleader for Services-I appearing on behalf

of the respondents.

2. The petitioners approached the Court seeking

prayer as under:

“…….to issue writ order or direction more

particularly one in the nature of the writ of mandamus by declaring the action of the respondents in not granting retrospective regularization to the petitioners from the date of completion of 5 years on or before 25.11.1993 for counting of NMR service rendered prior to regularization of petitioner service for the purpose of pension and pensionary benefits as held by the Hon'ble Supreme Court in Civil Appeal No.6318/2015 dt.17.8.2015 as followed by the combined Hon'ble AP High Court in WP No.33936/2011 and Batch dt. 2.5.2018 (Reported in 2018 4 ALT P.6) is illegal, arbitrary and voilative of the principles of natural justice and consequently direct the respondents to grant retrospective regularization from the date of completion of 5 years on or before 25.11.1993 for the

purpose of pension and pensionary benefits as held by the Hon'ble Supreme Court in Civil Appeal No.6318/2015 dt.17.8.2015 which were followed by the combined Hon'ble High Court in WP No.33936/2011 & Batch dt. 2.5.2018 Reported in 2018 (4) ALT 6 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case..….”

3. It is the specific grievance of the petitioners that the petitioners were appointed as Public Health and Non-Public Health workers on an NMR basis during 1980 to 1985 in the erstwhile Kukatpally Gram Panchayat, which later merged with the Municipal Corporation of Hyderabad in 2007. The Government issued G.O.Ms.No.533, MA & UD, dated 29.11.2011, regularizing the petitioners services prospectively, but not from the date they completed five years of service.

The petitioners placing reliance on the judgment of the Hon’ble Supreme Court in Srinivasulu & Others vs. Nellore Municipal Corporation, which held that daily-wage workers are entitled to regularization from the date of completion of five years for the purpose of seniority and benefits and the said decision having been implemented by the Government of Andhra Pradesh seek similar relief. The Hon’ble High Court also directed the respondents to implement this ruling, but the respondents have failed to do so, citing the over-ruling of the judgment in Srinivasulu’s case by the Hon’ble Apex Court in Manjula Bhashini vs. State of A.P. reported in (2009) 4 SCC 431. Aggrieved by the said action of the respondents, the petitioners approached the Court by filing the present Writ Petition.

PERUSED THE RECORD:-

A) The Division Bench of this Court in its Judgment, reported in (2018) 4 ALT 6 in W.P.No.33936 of 2011 & batch, dated 02.05.2018 in “Government of A.P. represented by its Principal Secretary, PR and RD Department, Hyderabad and others Vs. N. Venkaiah and Others”, dealing with the case of the regularization of the services and referring to the aspect of the delay observed as under:-

“ We find it difficult to accept the reasoning adopted by the High Court. The right of the appellants to seek regularization flows from the G.O.No.212, dated 22.04.1994. The appellant have been in service of the first respondent not only prior to the issuance of the said G.O. but even subsequent to the issue of G.O. till today. The respondent Municipality being a statutory body is obliged by the G.O.212(supra). I nspite of the above mentioned G.O. the respondents kept quite for almost 20 years without regularizing the services of the appellants and continued to extract work from the appellant.

I n the circumstances, refusing the benefit of the above mentioned G.O. on the ground that the appellants approached the Tribunal belatedly, in our opinion, is not justified. I n the circumstances, the appeal is allowed modifying the order under ap