IN THE HIGH COURT OF TELANGANA AT HYDERABAD WRIT PETITION No.28438 OF 2022 Between:

Sri Enjamuri Muttaiah and others … Petitioners And The State of Telangana & Others … Respondents JUDGMENT PRONOUNCED ON: 02.07.2025 THE HON’BLE MRS. JUSTICE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes.

see the fair copy of the Judgment?

________________________________

MRS. JUSTICE SUREPALLI NANDA I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.28438 OF 2022 % 02.07.2025 Between:

# Sri Enjamuri Muttaiah and others … Petitioners And $ The State of Telangana & Others … Respondents Gist:

> Head Note:

! Counsel for the Petitioner : Sri Ch.Ganesh ^ Counsel for Respondent Nos.1 to 5 : AGP for Services-I ^ Counsel for Respondent No.6 :Sri Ramesh Chilla, learned standing counsel ? Cases Referred:

(i) (2020) 1 SCC (L&S)

(ii) 1990(2) SCC Page 396 (iii) 2025 INSC 144 (iv) 2024 LawSuit(SC) 1209 (v) (2017) 1 SCC 148 (vi) 2010(9) SCC 247 (vii) (2013) 14SCC 65 (viii) 2015 SCC Online SC 1797 (ix) (2015) 8 SCC 265 (x) (2014) 7 SCC 223 (xi) SLP No.32847 of 2024 (xii) AIR 2020 Supreme Court 3969 (xiii) (2006) 4 SCC 1 (xiv) SLP No.32847 of 2024 (xv) Division Bench Judgment of the High Court of Telangana at Hyderabad dated

02.05.2018 passed in W.P.Nos.33936 of

2011 and batch.

(xvi) 2025 SCC ONLINE SC 1735 HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.28438 OF 2022

ORDER:

Heard Sri S.Jagadish, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos.1 to 5 and Sri Ramesh Chilla, learned Standing Counsel for Service matters appearing on behalf of the respondent No.6.

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

“….to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the Order vide Progs Roc No.464766/2022/A3, dated 16.09.2022 of the 3^rd respondent as void, illegal, arbitrary, discriminatory, unconstitutional and set aside the same and consequently direct the respondents to regularize the services of the petitioners w.e.f., the date of completion of 5 years of Service from the cutoff date prescribed in G.O.Ms.No.212 dated 22.04.1994 as Public Health Workers/Bill Collectors/Tractor Driver with all consequential benefits by taking into consideration of the proposals made by the 6^th respondent Lr.Roc.No.

C1/79/2021 dated 09.01.2021 and also by taking into consideration of the orders passed in writ petitions in W.P.No.33936 of 2011 and batch dated 02.05.2018 and pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. The case of the petitioners, in brief, is that the petitioners were appointed on 10.06.1988 as NMR (Nominal Muster Roll) Public Health Workers, Bill Collectors, and Tractor Driver in Nereducherla Gram Panchayat, which was later upgraded to a Municipality. The petitioners completed more than 5 years of continuous service as on the cut-off date 25.11.1993 and fulfilled all conditions prescribed under G.O.Ms.No.212, dated 22.04.1994. Despite the petitioners eligibility and recommendations submitted by the 6^th respondent through proposals dated 09.01.2021, the petitioners services have not been regularized. Aggrieved by the same, the petitioners filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the impugned proceedings vide Roc.No.464766/ 2022/ A3 dated 16.09.2022 of the respondent No.3-the Director of Municipal Administration, Telangana State issued to the petitioner herein is extracted hereunder:

“Further, the individuals in their affidavit claimed, that they have completed more than 5 years as on cut off date i.e., 25.11.1993 and also fulfilled all conditions as prescribed in G.O.Ms.No.212, Dated.22.04.1994. In this context, it is pertinent to me