HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.483 of 2022

ORDER:

Heard Sri S. Jagadish, learned counsel appearing on behalf of deceased petitioner No.1 and his legal representatives, who are impleaded as petitioner Nos.2 to 5 as per the order of this Court dated 11.03.2025 in I .A. No.1 of 2024 in W.P. No.483 of 2022, learned Assistant Government Pleader for Municipal Administration and Urban Development, appearing on behalf of respondent Nos.1 and 3, learned Assistant Government Pleader for Finance and Planning, appearing on behalf of respondent No.2 and Sri Ramesh Chilla, learned Standing Counsel for Service Matters of all Municipalities, appearing on behalf of respondent No.4.

2. The petitioners Sri B. Ravinder, approached this Court by filing the present writ petition W.P. No.483 of

2022 seeking prayer as under “…to issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not regularizing the services of the petitioner though sanctioned minimum pay of last grade with usual allowances as long back as on 5-10-1995 w.e.f. 1-10-1995 on the sole ground that he has not completed 18 Years of age as on the date of his appointment as NMR as void, illegal, arbitrary and unconstitutional and consequently direct the respondents to regularize the services of the petitioners with effect from the date of completion of 5 years of service from the cut-off date prescribed in G.O.Ms. No.212 dated 22- 04-1994 as Water Supply Worker with all consequential benefits by taking into consideration of the orders passed in writ petition in W. P. No. 33936 of 2011 and batch dated 02/05/2018 and pass...”

3. The writ petition was filed initially by one Mr.B.Ravinder who had died and the petitioners 2, 3, 4 and 5 had been brought on record as legal representatives of petitioner No.1 as per Court order dated 11.03.2025 vide I.A.No.1 of 2024.

4. The case of the petitioner, in brief, is that the deceased petitioner No.1 was appointed as NMR as Water Supply Worker on 01.07.1987. The 1^st respondent sanctioned minimum pay of last grade with usual allowances w.e.f. 01.10.1995 vide proceedings dated 05.10.1995. As per the Service Register of the deceased petitioner, his date of birth is 08.05.1973 and his date of appointment is dated 01.10.1995. The 4^th respondent had not permitted the deceased petitioner to discharge his duties as N.M.R and had not paid the salaries. Aggrieved by the action of the 1^st respondent in not permitting the deceased first petitioner to continue in duty and not paying the salaries due to the deceased 1^st petitioner, the deceased 1^st petitioner had filed the present writ petition.

5. It is further the case of the petitioners that in spite of repeated requests of the petitioners 2 to 5 and the representation of the deceased 1^st petitioner dated 07.4.2021 addressed to the respondent No.1 to permit the 1^st petitioner to continue in service and regularize the service of the 1^st petitioner, during 1^st petitioner’s lifetime the respondents had not regularized the services of late B. Ravinder on the sole ground that the petitioner No.1 had not completed 18 years of age as on the date of the appointment of the 1^st petitioner as NMR.

6. The learned counsel appearing on behalf of the petitioners submits that the plea taken by the respondents herein in denying regularization of services of late B. Ravinder, though he had been sanctioned minimum pay of last grade with usual allowances way back on 05.10.1995 w.e.f. 01.10.1995 is that the said deceased employee late B. Ravinder had not rendered the minimum required service of 5 years as on the cut-off date i.e., 25.11.1993 after attaining the age of 18 years and the same is contrary to the law laid down by the judgment of Division Bench of this Court dated 26.04.2013 passed in W.P. No. 6804 of

2013.

PERUSED THE RECORD

7. Counter affidavit had been filed on behalf of respondent No.4, in particular para Nos.6 and 7 are extracted hereund