HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.17637 of 2022

ORDER:

Heard Sri K.S.V.Subba Rao, learned counsel appearing on behalf of the petitioners and learned Government Pleader for Services appearing on behalf of the respondents.

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

“To issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring (A) To declare the entire action of the respondents, particularly the entire action of the 3^rd respondent in rejecting the genuine claim of the petitioners for regularization of break period between 24.04.2013 to 28.08.2014 vide present impugned orders vide procdgs. Rc.No.A1/745/2016, dated 20.06.2022, wherein mentioning certain untenable reasons is as highly illegal, arbitrary, unjust, improper, discriminatory, colourable exercise power, violation of all principles of natural justice and set aside or quash the same, (B) And consequently to direct the respondents to forthwith reconsider the cases of the petitioners for regularization of their contract services in the cadre of Hostel Welfare Officers Grade-II, in terms of G.O.Ms.No.16 Finance (HRM.I) Department dated 26.02.2016 by duly regularizing the gap period between 24.04.2013 to 27.08.2014 without reference to the impugned rejection order issued in procgs.Rc.No.A1/745/2016, dated 20.06.2022 of the 3^rd respondent.”

3. The case of the petitioners, in brief, is that the petitioners are working as Hostel Welfare Officer Grade-II (HWO Gr.II) in Government ST Boys College Hostels across various locations in Nalgonda District. The petitioners were recruited through a regular selection process pursuant to a notification dated 01.07.2010 on a contract basis, and the services of the petitioners were extended periodically up to the academic year 2012–13. However, the 4th respondent issued termination orders dated 24.04.2013 on untenable grounds at the end of the academic year 2012-13. Later on, in pursuance to the order of the then Andhra Pradesh Administrative Tribunal dated 07.06.2014, the petitioners were re-engaged on 27.08.2014. The petitioners thereafter submitted a detailed representation to the 2^nd respondent on 17.12.2021 seeking regularization of petitioners’ services as HWO Gr.II in terms of G.O.Ms.No.16 dated 26.02.2016, by considering the termination period from 24.04.2013 to 27.08.2014 as on duty as the termination was caused due to the wrongful decision of the district authorities. The petitioners also sought parity with their similarly placed colleagues who were recruited in the same manner and subsequently regularized vide G.O.Ms.No.57 dated 19.12.2016. The 3^rd respondent however rejected the request of the petitioner vide impugned proceedings Rc.No.A/745/2016 dated 20.06.2022. Aggrieved by the same, the petitioners filed the present Writ Petition.

4. PERUSED THE RECORD:-

(A) The relevant portion of the order impugned vide Proceedings Rc.No.A1/ 745/ 2016 dated 20.06.2022 issued by the 3^rd respondent is extracted hereunder:

“In the reference 16^th read above, Sri B.Giridhar Reddy and (7) other have made representation dt.17.12.2021 before the Commissioner of Tribal Welfare to regularize the gap period from 24.04.2013 to 27.08.2014 and also approached the Hon’ble High Court and filed WP No.17637/2022 and the Hon’ble High Court has passed interim orders directing the respondents to dispose of the representation dt.17.12.2021 submitted by the petitioners and consider the case of the petitioners for regularization of their services between 24.04.2013 to 27.08.2014 in the cadre of Gr-II HWO in terms to G.O.Ms.No.16 Fin.(HRM.I) Dept., dt. 26.02.2016 by condoning the break period of service vide reference 17^th read above.

The petitioners have filed various writ petitions i.e., 1) OA No.1660/2016, 2) WP No.14906/2017, 3) WP No.34415/2017, 4) WP No.5047/2018 & 5) WP No.17637/2022 on the similar subject before the Hon’ble High Court. The Hon’ble High Court have issued interim