THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NOs.33145, 33166 and 33729 OF 2024

COMMON ORDER:

Since the lis raised in all these writ petitions is one and the same, they are taken up together and being disposed of by way of this common order.

2) Heard Sri A.Malhar Rao, learned counsel for the petitioners, and learned Government Pleader for Services-III for respondents.

3) The case of the petitioners is that initially they were appointed as daily wage workers through Employment Exchange and have completed more than 35 years of service. Further, as per G.O.Ms.No.212, Finance & Planning Department, dated 22.04.1994, those who have completed 5 years of continuous service, as on 25.11.1993, are entitled for regularization. When the case of the petitioners was not considered for regularization, they approached the Andhra Pradesh Administrative Tribunal (in short ‘Tribunal’) vide O.A. No.5951 of 2012 and the same was disposed of by the Tribunal vide order dated 21.08.2012 directing the respondent authorities to consider the case of the applicants for regularization of services on completion of five years of service from the date of their initial appointment. In spite of said directions, the respondent authorities have regularized their services prospectively. Therefore, the petitioners have approached this Court and filed W.P.Nos.9871, 8893 and 9089 of 2023 respectively. Vide orders dated 13.04.2023, 03.04.2023 and 04.04.2023 respectively, this Court has disposed of the said writ petitions directing the respondent authorities to consider the case of the petitioners from the date of completion of five years of service, in terms of G.O.Ms.No.212, dated 22.04.1994, and regularize their services with retrospective effect. In spite of the same, the respondents have passed the impugned orders dated 21.07.2023, 03.08.2023 and 03.07.2023 respectively regularizing the services of the petitioners prospectively. Hence, the petitioners are again before this Court by way of present Writ Petitions.

4) Learned counsel for the petitioners submits that inspite of specific directions of this Court in W.P.Nos.9871, 8893 and 9089 of 2023 vide orders dated 13.04.2023, 03.04.2023 and 04.04.2023 respectively, to consider the case of the petitioners to regularize their services from the date of completion of five years of service, the respondent authorities have again passed the impugned orders rejecting the case of the petitioners for regularization of their services from the date of completion of five years of service, without assigning any reasons and passed the impugned orders dated 21.07.2023, 03.08.2023 and 03.07.2023 respectively and the same is contrary to the law settled by the Hon’ble Supreme Court in B.Srinivasulu v. Nellore Municipal Corporation [Civil Appeal No.6318 of 2015 dated 17.08.2015]. Therefore, the learned counsel prays this Court to issue suitable directions to the respondents.

5) Per contra, the learned Government Pleader submits that the Government has issued guidelines through U.O. Note No.1792298/42/Courts/A2/HRM.I/22 Finance [HRM.I] Dept. dt: 12.01.2023 and U.O. Note No.1884851/07/A2/Courts/HRM.II/ 2023 Finance [HRM.II] Dept. dt:20.02.2023 only from the date of issue of order of regularization with prospective effect. Therefore, the authorities have rightly passed the impugned orders and the writ petitions are liable to be set aside.

6) This Court has taken note of the submissions made by respective counsel and perused the material on record.

7) As can be seen from the record, admittedly, the services of the petitioners were regularized by the authorities and they also retired from service after attaining the age of superannuation. Further, in an earlier round of litigation, the Tribunal vide order dated 21.08.2012 in O.A. No.5951 of 2012 has directed the respondent authorities to consider the case of the applicants, including the petitioners herein, for regularization of services on completion of five years of service from the