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2025 Supreme(Online)(Tel) 56419

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
V.Yadagiri – Appellant
Versus
The State of Telangana – Respondent
WP 37938/2021



I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.37938 OF 2021 Between:

V.Yadagiri & Others … Petitioners And The State of Telangana & others … Respondents JUDGMENT PRONOUNCED ON: 15.04.2025 THE HON’BLE MRS. JUSTI CE 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. JUSTI CE SUREPALLI NANDA HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.37938 OF 2021 % 15.04.2025 Between:

# V.Yadagiri & Others … Petitioners And $ The State of Telangana & others … Respondents < Gist:

> Head Note:

! Counsel for the Petitioners : Sri Krishna Kishore Kovvuri ^ Counsel for Respondent Nos.1& 2 : Learned Assistant Government Pleader for Services-I I ^ Counsel for Respondent No.3: Smt R.Madhavi Latha, learned standing counsel ? Cases Referred:

(i) 2025 I NSC 144 (i) 2025 Lawsuit(SC)152 (ii) 2024 LawSuit(SC) 1209 (iii) (2017) 1 SCC 148 (iv) 2010(9) SCC 247 (v) 2015 SCC Online SC 1797 (vi) (2015) 8 SCC 265 (vii) (2014) 7 SCC 223 (viii) Judgment of this Court dated 06.12.2022 passed in W.P.No.27602 of 2019 which had been upheld by Division Bench of this Court in WA No.937 of 2023 dated 10.10.2023 and also confirmed by the order of Apex Court dated

09.08.2024 in SLP No.32847 of 2024 (ix) 2006 (4) SCC 1 HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.37938 OF 2021

ORDER:

Heard Sri Krishna Kishore Kovvuri, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I I appearing on behalf of the respondent Nos.1 & 2 and Smt R.Madhavi Latha, learned standing counsel appearing on behalf of the respondent No.3.

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

“…to issue a Writ, Order or direction more in the nature of Mandamus declaring action of the respondents in not regularizing the services of the petitioners from the date of completion of five years of service on par with similar situated candidates is illegal, arbitrary, unjustified, discriminatory and violative of Articles 14, 16 and 21 of Constitution of India besides being contrary to the law laid down by the Honble Apex Court Judgments in Umadevi case reported in 2006 (4) SCC 1 and consequently direct the respondents to regularize the services of the petitioners from the date of completion of five years of service with all consequential benefits and pass…”

3. It is specific case of the petitioners that the petitioner Nos.1 to 4 joined as Work Inspectors and petitioner Nos.5 to 7 joined as Garden Workers in the erstwhile Khammam Municipality presently Khammam Municipal Corporation during the period 1988 to 1991 and are continuing to work as on date, but the respondents are not regularizing the services of the petitioners from the date of completion of five years of service on par with similar situated candidates and the same is illegal, arbitrary, unjustified, discriminatory and violative of Articles 14, 16 and 21 of Constitution of India besides being contrary to the law laid down by the Honble Apex Court Judgments in Umadevi case reported in 2006 (4) SCC 1. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

4. PERUSED THE RECORD:-

A. The counter affidavit filed on behalf of the respondent No.1 and in particular para No.4 is extracted hereunder:-

4. It is humbly submitted for kind consideration that, admittedly, the petitioners herein were engaged by the Municipal Corporation in the year 1988 to 1991and also conceded the fact that they have not fulfilled the conditions in terms of G.O.Ms.No.212, dated22.04.1994, however they are seeking regularization in terms of the orders of the Hon’ble Supreme Court passed in the case of Secretary State of Karnataka Vs. Uma Devi, reported in 2006 (4)

SCC 1.

B. The additional counter affidavit filed on behalf of the

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