THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.32519 OF 2025

O R D E R:

With the consent of the parties, this Writ Petition is being taken up for disposal at the admission stage itself.

2. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…issue a Writ, Order or direction more in the nature of Writ of Mandamus declaring the inaction of the respondents in snot regularizing the services of the petitioner with effect from the date of completion of 10 years of Part-time services as on the cutoff date prescribed in G.O.Ms. No.112 dated 23.07.1997, as void, illegal, arbitrary, unconstitutional and consequently direct the respondents to regularize the services of the petitioner with effect from the date of completion of 10 years of service from the date of his initial appointment for the purpose of pension in terms of Law laid down by the Honble Supreme Court in the case of B.Srinivasulu Vs. Nellore Municipal Corporation and also the common order passed by the Division Bench of this Hon’ble Court in WP No.33936 of 2011 and batch dated 02.05.2018 as confirmed by the Hon’ble Supreme Court in SLP Nos.13813/2018 dated 23.07.2024 and batch and further direct the respondents to fix and pay the pensionary benefits the date of completion of 10 years of Part-time services along with arrears and pass…”

3. Heard Sri S. Jagadish, learned counsel for the petitioner, learned Government Pleader for Services-II appearing for respondent Nos.1 to 4, Sri Pradeep Reddy Katta, learned Standing Counsel appearing for respondent No.5 and learned Government Pleader for Services – III appearing for respondent No.6.

4. Learned counsel for the petitioner submits that the petitioner was initially appointed as Part-time Sweeper on 29.10.1979 in the Panthangi Gram Panchayat, Choutuppal Mandal and had completed 14 years of service as prescribed in G.O.Ms.No.112 dated 23.07.1997. Therefore the petitioner was eligible and qualified for regularization of his services as per G.O.Ms.No.112 dated 23.07.1997. However respondent No.1 issued G.O.Ms.No.382 dated 14.08.2013 regularizing the services of the petitioner along with Part-time employees working in various Gram Panchayats in Nalgonda District as per G.O.Ms.No.112 dated 23.07.1997 in the sanctioned posts of Sweeper in Panthangi Gram Panchayat, Choutuppal Mandal, in pursuance to the same, respondent No.4 issued regularization orders on 04.09.2013 regularizing the services of the petitioner as Sweeper. Subsequently, the petitioner retired from his service on 31.08.2023 while working as Office Sub-ordinate.

5. It is further submitted that as per the decision of the Hon’ble Supreme Court of India in B. Srinivasulu Vs. Nellore Municipal Corporation and others¹, the NMR’S/Part-time employees, who have completed 5/10 years of service are entitled for regularization of their services from the date of completion of 5/10 years of service as NMR/Part-time employees and the same decision was also reported in Division Bench of this Court in W.P.No.33936 of 2011 and batch dated 02.05.2018. Therefore, learned counsel

Civil Appeal No.6318 of 2025

seeks permission of this Court to make a representation to the respondents seeking retrospective regularization in terms of orders passed by Hon’ble Apex Court in B. Srinivasulu Vs. Nellore Municipal Corporation and others dated 17.08.2015 and the common order passed by the Division Bench of this Court in W.P.No.33936 of 2011 and batch dated 02.05.2018 as confirmed by the Hon’ble Supreme Court in SLP No.13813 of 2018 and batch dated 23.07.2024 and further prays this Court to direct the respondents to consider the representation and pass appropriate orders, within a stipulated period of time.

6. Learned Government Pleader for Services – II and III appearing for the respondent Nos.1 to 4 and 6 submits that, on receipt of a copy of the representation, the respondents will consider the same and pass appropriate orders, in accordance with