HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.10600 OF 2023

ORDER:

Heard Sri. Ch. Ganesh, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent No.1 and Sri P. Bhanu Prakash, learned Standing Counsel for Kakatiya University, Warangal, appearing on behalf of respondent Nos.2 and

3.

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

“…to issue a wit, order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the respondents in not counting the past temporary service rendered by the petitioners on daily wages & adhoc basis to reckon the same for computation of qualifying service as per G.O.Ms.No.156, Finance and Planning (FW.PEN.1) Department, dated 29.04.1983, for purpose to sanction of pension Gratuity and other retirement benefits on eve of retirement of petitioners as ordered in similar cases in G.O.Ms.No.179 (School Edu (Proc.-I) Dept dt : 18.11.2002. by not applying principles laid by Hon’ble Supreme Court in the case of Prem Singh Vs. State of Uttar Pradesh and others in Civil Appeal No.6798 of 2019 and batch dated 02.09.2019, (2019) 10 SCC 510), and in the case of Habib Khan verses State of Uttarakhand and others in Civil Appeal No.10806 of 2017 and batch dated 23.08.2017 (2019) 10 SCC 542) followed by Division Bench of this Hon’ble Court in W.P. No.8201 of 2016, dated 17.03.2016 and in similar case in W.P. No.11735/2019 dated 06.02.2023, as highly illegal, arbitrary, unjust, unconstitutional against the principles of natural justice, equity and fair play and amounts to violation of Articles 14, 16, 21, 39 (d), 43 & 300-A of Constitution of India and prays to direct the respondent herein to count the pre-absorption service rendered by petitioners herein in temporary capacity on daily wage & ad hoc basis from the year 1990 to 2013 till on regular absorption of their services in the year 2013 for the purpose of computation of qualifying service for sanction of pension Gratuity & other retirement benefits by applying the principles laid by Apex Court and Hon’ble High Court of Allahabad in the case of Smt.Krishna Bembi Vs. Appellate Authority, dated 25-05-2015 to the petitioners herein under Article 141 of Constitution of India and pass....”.

3. The case of the petitioners in brief as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition is as under:

The petitioners were initially appointed in the year 1989 and 1990 on daily wages, and in the year 1991 (25-10-1991) issued approval to award the pay scales to the petitioners against the sanction post as per G.O.Rt.No.1943, Edn, Education (UE.R) Department, Dt.07.10.1991. In fact after nearly 17 years, vide Orders No.116/A4/KU/2008, dated 09.04.2008, extended the Minimum time Scale benefits to the daily wage/petitioners working at SDLCEKU, w.e.f., 01.04.2008, and awarded the Minimum Time Scale of pay i.e., Basic Pay + DA + HRA + CCA and thus petitioners were paid Minimum Time Scale of pay in respect of their post.

The petitioners approached this Court aggrieved by the inaction of the respondents to count the pre-absorption service rendered by petitioners herein in temporary capacity on daily wage & ad hoc basis from the year 1990 to 2013 till on regular absorption of their services in the year 2013 for the purpose of computation of qualifying service for sanction of pension Gratuity & other retirement benefits by applying the principles laid by Apex Court and Hon’ble High Court of Allahabad in the case of Smt.Krishna Bembi Vs. Appellate Authority, dated 25-05-2015 to the petitioners herein under Article 141 of Constitution of India.

4. It is represented by the learned counsel appearing on behalf of the petitioner that the subject issue in the present writ petition is squarely covered by the order of this Court dated 24.11.2022 passed in W.P. No.7343