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2009 Supreme(SC) 1165

B.N.AGARWAL, G.S.SINGHVI
A. Manjula Bhashini – Appellant
Versus
Managing Director, A. P. Women’s Cooperative Finance Corporation Ltd. – Respondent


Advocates Appeared:
Dipankar P. Gupta, R. Sundaravardhan, Sr. Advs., T. N. Rao, Ms. Manjeet Kirpal, Mitin Mahapatra, Ms. D. Bharathi Reddy, Roy Abraham, Ms. Seema Jain, Vimlesh Kumar, Himinder Lal, S. Vallinayagam, Y. Ramesh, B. V. Niren, Y. raja Gopala Rao, C. S. N. Mohan Rao, R. Santhana Krishnan, Ms. K. Radha Rani, P. Vijaya Kumar, D. Mahesh Babu, G. Ramakrishna Prasad, Suyodhan Byrapaneni, Siddharth Patnaik, Amar Pal, L. Roshmani (for M/s. P. S. N. & Co.), T. V. George, Dr. Roxna Swamy, R. N. Keshwani, T. V. Ratnam, Subhash Sharma, Annam D. N. Rao, Ms. K. Sarada Devi, P. Venkat Reddy, Anil Kumar Tandale, Y. Ramesh, Ms. Y. Ramesh, Ms. Y. Vismai, D. Mahesh Babu, G. Ramakrishna Prasad, Amar Pal, B. Sridhar, K. Ram Kumar, Shakil Ahmed Syed, Ms. Sudha Gupta, Guntur Prabhakar, Rana Ranjit Singh, G. Seshagiri Rao, Anis Ahmed Khan, Ms. T. Anamika, Ms. Asha Gopalan Nair, Naveen R. Nath, Aribam Guneshwar Sharma, Advocates.

JUDGMENT

G.S. Singhvi, J.—

1. Whether the persons employed on daily wage basis or nominal muster roll or consolidated pay or as contingent worker on full time basis in different departments of the Government of Andhra Pradesh and its agencies/instrumentalities are entitled to be regularised in service on completion of 5 years and whether amendments made in the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 (for short ‘the 1994 Act’) by Amendment Act Nos.3 and 27 of 1998 are ultra vires the provisions of the Constitution are the questions which arise for determination in these appeals, some of which have been filed by the State Government and its agencies/instrumentalities and some have been filed by the employees, who could not convince the Andhra Pradesh Administrative Tribunal (for short “the Tribunal”) and/or the High Court to accept their prayer for issue of a mandamus to the concerned authorities to regularise their services.

2. In 1970s, 80s and early 90s, the country witnessed an unusual phenomena in the field of public employment. Lakhs of persons were engaged/employed under the Central and Sta




















































































































































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