THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.9563 OF 2014 % Dated: 23.06.2025 # N.Sharada, W/o. D.V.Sharma, Aged about 45 years, Occ: Office Assistant, HAL Secondary School, R/o. Plot No.42/1, H.No.30-89/5, National Insurance Colony, Khanajiguda, Tirumalagherry, Secunderabad.

.. Petitioner And Hindustan Aeronautics Limited, Cubbon Road, Corporate Office, 15/1, Bangalor-560 001, Rep. by its Chairman and Managing Director and others .. Respondents ! Counsel for petitioner : Mr. G.Vidya Sagar, learned Senior Counsel, representing Mrs. K.Udaya Sri, learned counsel ^ Counsel for respondents : Mrs. V.Uma Devi, learned Standing Counsel

> HEAD NOTE:

? Cases referred

1. (1991) 2 SCC 599 2. (2024) 9 SCC 327

3. 2024 SCC OnLine SC 2138 4. 2024 SCC OnLine SC 3826

5. AIR 1960 Supreme Court 321 (FB)

6. AIR 1987 Supreme Court 537 (A Three Judges Bench)

7. AIR 2020 Supreme Court 3969 THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.9563 OF 2014

ORDER:

This writ petition is filed seeking the following relief:

“to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the respondents in not regularizing the services of the Petitioner from the date of initial appointment i.e., 22.02.1994 as illegal, arbitrary and unjust; and (ii) consequently direct the Respondents to regularize the services of the Petitioner with effect from the date of appointment i.e., 22.02.1994 with a further direction to release all consequential benefits of regularization and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

2. Heard Mr. G.Vidya Sagar, learned Senior Counsel, representing Mrs. K. Udaya Sri, learned counsel for petitioner and Mrs. Uma Devi, learned Standing Counsel for respondents.

3. Brief facts:

An advertisement was published for walk in interviews by the Hindustan Aeronautic Limited Secondary School for the posts of Post Graduate Teachers (Physics), Librarian and Office Assistant in the month of December, 1993. Petitioner, a commerce graduate, qualified in technical requirements, made an application. Selection Committee prepared a panel of selected candidates, among which, Mrs. Annapurna Tiwari was selected for the post of Office Assistant. By an offer of appointment, dated 13.01.1994, Mrs. Annapurna Tiwari was requested to join. Her basic pay was fixed at Rs.910/- per month in the scale of Rs.910-30-1240-35-1625. In addition to the basic pay, she was eligible for D.A., H.R.A. and C.C.A. However, Mrs. Annapurna Tiwari did not join.

4. Mrs. N. Sharada (petitioner herein) was the next best candidate in the selection list. Pursuant to an offer of appointment dated 22.02.1994, petitioner joined the School as Office Assistant and was paid consolidated salary of Rs.1,200/- per month. She was terminated from service on 28.03.2008.

5. W.P.No.11778 of 2008 was filed, challenging the termination. By an order dated 06.03.2011, this Court directed to pay the minimum pay scale to the petitioner in W.P.M.P.No.2593 of 2011 in W.P.No.11778 of 2008. A Contempt Case No.1333 of 2012 was filed for non-compliance of orders dated 06.03.2011.

6. By order dated 09.07.2013, (W.P.No.11778 of 2018 and C.C.No.1333 of 2012), a learned Single Judge of this Court allowed the writ petition by setting aside the termination order dated 28.03.2008 (Ex.P20). Present writ petition is filed seeking regularization of services of petitioner. Petitioner made several representations seeking regularization, but, were not considered, hence, writ petition.

7. Learned Senior Counsel for petitioner submitted that pursuant to advertisement in December, 1993, for three posts, of which, one was for Office Assistant in HAL Senior Secondary School, (HAL Town Ship Balanagar, Hyderabad, affiliated to CBSE New Delhi), petitioner applied. It is further submitted that eight candidates were shortlisted for interview to the post of Office Assistant by