THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

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

“…to issue, a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus directing the respondents to regularise the service of petitioner in the post of Attender or any Class-IV category post by strictly following the judgments of Hon’ble Apex Court i.e., State of Karnataka Vs Uma Devi (2006)4 SCC page1 and State fof Karnataka Vs ML Kesari (2010) 9 SCC 247 and the judgment of the Division Bench of this Hon’ble Court dated 19.09.2017 in W.P.No.27217 of 2017 with all consequential benefits by setting aside the impugned proceeding Rc.No.871/B3/2019 dated 28-2-2020 issued by the 1^st respondent by holding that action of the respondents in not regularising the petitioner services to the post of Attender and indefinitely continuing the petitioner as part time sweeper is illegal, arbitrary discriminatory, unconstitutional and violative of Article 14 & 16 of Constitution of India and pass…”

2. Heard Sri Ch. Jagannatha Rao, learned counsel appearing for the petitioner and learned Government Pleader for Services-I, appearing on behalf of the respondents.

3. Learned counsel for the petitioner submitted that the petitioner was appointed as a part-time Sweeper in the existing vacancy available in the office of the Deputy Inspector of Schools, Huzurabad (East) with a consolidated payment of Rs.75/- per month vide proceedings dated 21.12.1984 issued by the then respondent No.1, and was later posted in the newly sanctioned post in the office of the Deputy Educational Officer, Huzurabad, vide proceedings dated 24.08.1991. While so, the then respondent No.1 issued proceedings Rc.No.1485/E2/97 dated 19.11.1998, absorbing the petitioner on regular basis and posted him at Government high School, Dhangarwadi, Karimnagar. However, after almost six months of the petitioner joining the post of Attender, the then respondent No.1 has issued proceedings Rc.No.1485/E2/97 dated 10.05.1999, reverting the petitioner as a part-time contingent employee, on the ground that he was erroneously absorbed as a Class-IV employee, as against the orders issued in G.O.Ms.No.112 dated 23.07.1997. As such, the petitioner was compelled to file O.A.No.2711 of 1999 before the erstwhile Andhra Pradesh Administrative Tribunal, wherein, initially, on 19.05.1999, status quo orders were granted, and eventually, the Tribunal was pleased to allow the O.A. vide order dated 27.04.2001, directing the respondents to regularize the service of the applicants, who fulfill the conditions stipulated in G.O.Ms.No.212 dated 22.04.1994 and G.O.Ms.No.112 dated 23.07.1997, irrespective of the fact that they have completed five or ten years of service as on 25.11.1993, provided, they were in service as on the cut-off date, that too, without insisting for the availability of a clear vacancy. However, assailing the said judgment, the Government has filed W.P.No.5032 of 2002 before this Court and obtained a stay of the Tribunal’s order vide order dated 21.03.2002. Thereafter, vide proceedings dated 03.01.2004, respondent No.1 permitted the petitioner to join duty as part-time sweeper in the office of the Deputy Educational Officer, Huzurabad.

4. It was further submitted that the aforesaid writ petition filed by the Government vide W.P.No.5032 of 2002 was subsequently disposed of vide order dated 20.08.2009, once again, directing to consider the case of the petitioner and other employee for regularization as per G.O.Ms.No.212 dated 22.04.1994 or G.O.(P).No.112 dated 23.07.1997, as the case may be. Thereafter, as per the instructions of respondent No.2 dated 20.07.2010, respondent No.1 had directed the concerned Mandal Educational Officer vide proceedings dated 25.08.2010, to furnish the service particulars of six part-time sweepers, including the petitioner herein, which were accordingly furnished by the Deputy Educational Officer, Huz