HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON Nos.15345 and 15348 of 2023

COMMON ORDER:

Heard Mr.A.Malhar Rao, learned Counsel for the petitioners, the learned Government Pleader for Social Welfare appearing on behalf of the 3^rd respondent and the learned Government Pleader for Services I for 2^nd respondent and learned Government Pleader for Services I I for 1, 4, 5, 6 respondents.

2. Since the petitioners are having the same grievance and the allegations are also similar, both the petitions are disposed of by way of this common order.

3. The petitioners approached this Court seeking the prayer as under:

“to consider the claim of the petitioners for regularization of their services retrospectively on completion of five years of continuous service in the department for the purpose of pension and pensionery benefits by suspending the proceedings of the 6th respondent vide Proc.Nos.A1/55/2023, dated 29.05.2023 and A2/167/2018 dated

29.05.2023 and pass such other orders.”

4. The case of the petitioners in W.P.No.15345 of 2023 is that the 1^st petitioner was appointed as Kamati through employment exchange and posted at Government B.C. I WBHC Manakondur village and Mandal, Karimnagar District, whereas the 2^nd petitioner worked as cook in the Government S.C. I WBHC Choppadandi District since a very long period and the 3^rd petitioner worked as Kamati, in Government SC Boys Hostel Huzurabad. It is further the case of the petitioners that since their appointments the petitioners had been discharging their duties to the satisfaction of higher authorities and have completed more than 35 years of service in the department. Though the petitioners are eligible for regularization of their services, their services were not regularized by respondent authorities, inspite of repeated representations by the petitioners. Further when the petitioners approached the Tribunal, upon the orders of the Tribunal, the respondents regularized the services of the petitioners with prospective effect instead of regularizing their services retrospectively, in clear violation of the principles of natural justice. Aggrieved by the same, the petitioners filed W.P.No.8849 of 2023 and the same was disposed of on 31.03.2023 observing as under:-

8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the case of the petitioners from the date of completion of five years service in accordance with G.O.Ms.No.212, dated 22.4.1994 and regularize their services with retrospective effect only for the purpose of pensionary benefits, without monetary benefits, and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

However, the order impugned, dated 29.05.2023 had been issued to the petitioners in W.P.No.15345 of 2023 rejecting the case of the petitioners for regularization of petitioners’ services retrospectively for the purpose of pensionary benefits. Aggrieved by the same, petitioners filed present W.P.No.15345 of 2023.

5. The case of the petitioners in W.P.No.15348 of 2023 is that the 1^st petitioner was appointed as Kamati through employment exchange and posted at Government SC Boys Hostel Yellagandula Village, Kothapalli Mandal, Karimnagar District, whereas the 2^nd petitioner worked as Kamati in the Government Boys Hostel, Karimnagar and died while in service leaving his wife as legal heir, since the date of petitioners’ appointments the petitioners were discharging their duties to the satisfaction of higher authorities and had completed more than 35 years of service in the department. Though the petitioners are eligible for regularization of petitioners’ services, their services were not regularized by the respondent authorities, inspite of repeated representations by the petitioners. Further when the petitioners approached the Tribunal, upon the orders of the Tribunal, the respondents regularized the services of the petitioners with prospective ef