HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.20171 OF 2022

ORDER:

Heard Sri Ch. Jagannatha Rao, learned counsel counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

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

“…to issue a Writ, Order or Orders more particularly one in the nature Writ of Mandamus directing the respondents, to regularize the service of the petitioner with retrospective effect from 25-11-1993 by extending the benefit of judgement of the Hon’ble Apex Court reported in the case of B.Srinivasulu Vs Nellore Municipal Corporation, Nellore, AP i.e., Civil Appeal No.6318/2015 dated 17-8-2015 and judgment dated 21-5-2018 in WP.No.33936/2011 & batch and consequently direct the respondents to revise the pension of the petitioner with all consequential benefits, and set aside the impugned Proc.No. 146/TA/Admn/2021 dated 16-09-2021 issued by the 3^rd respondent, by holding the action of respondents in rejecting petitioners genuine claim for retrospective regularization is illegal, arbitrary discriminatory and violation of Article 14 and 16 of Constitution of India and pass such other order or orders in the interest of justice.”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:

i) The petitioner was appointed on daily wage basis in June 1988 at the Telugu Academy, Karimnagar. As per G.O. Ms.No.212 dated 22.04.1994, the petitioner became eligible for regularization from 25.11.1993 on completion of five years of service, but petitioner’s services were regularized only on 29.03.1997 in the post of Attender. Petitioner was subsequently promoted as Junior Assistant in 2000, Publication Assistant in 2005 and Research Assistant in 2013.

ii) The petitioner submitted several representations to the respondents seeking retrospective regularization from 25.11.1993 for pensionary benefits. But the respondents had not considered the said representations. On earlier occasion, the petitioner filed W.P.No.15886 of 2021 seeking retrospective regularization for the purpose of pension and other benefits and this Court was pleased to pass the order dated 15.07.2021 directing the respondents to consider petitioner's representation, but the 3^rd respondent rejected the claim of the petitioner on 16.09.2021 vide proceedings No.146/TA/Admn/2021 by relying on an inapplicable Government Memo.

iii) The petitioner retired on 30.06.2020 and his pension was fixed without reckoning service from 1993, resulting in lesser benefits. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the impugned order vide proceedings No.146/ TA/ Admn/ 2021, dated 16.09.2021 passed by the respondent No.3-The Director, Telugu Academy, Himayatnagar, Hyderabad, is extracted hereunder:-

“Hence the Judgment referred in the Order passed by the learned High Court is not applicable in the present case, where as the Petitioner after failed to get relief in the AP Administrative Tribunal the matter was ultimately carried to the Apex Court and Hon’ble Apex Court while allowing the Appeal filed by the appellant made a reference so that effect, that his services be regularized from 1994 onwards as he fulfilled the conditions stipulated as per G.O.Ms.No.212.

In the present case, that immediately after came to know about your entitlement as per G.O.Ms.No. 212, your claim of regularization through proper channels were forwarded and ultimately your services were regularized w.e.f.1997. Having accepted the Order of regularization w.e.f. 1997 onwards without any protest, you admitted the order of regularization. Hence you are stopped from making this claim.

The Government in the Finance Department (Memo No.573) has been categorically and clearly specified that the conditions for regularization of services