APHC010124182014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32173/2014 Between: 1. SRI SHAIK KHARIMULLA KHADARI,, S/O MEERA SAHEB, AGED ABOUT 58 YEARS, WORK INSPECTOR (NON TECHNICAL) CONTRACT LABOUR, APSRTC., NARSARAOPET SUB-DIVISION (CIVIL), R/O FLAT NO.201, ESWARI APARTMENTS, LALUPURAM ROAD, CHUTTUGUNTA, GUNTUR, GUNTUR DISTRICT ...PETITIONER AND 1. THE GOVERNMENT OF A P, REP.BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS & BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. THE COMMISSIONER OF LABOUR, TANGUTURI ANJAIAH KARMIKA BHAVAN, RTC X ROADS, HYDERABAD. 3. THE APSRTC, REP.BY ITS MANAGING DIRECTOR, BUS BHAVAN, RTC X ROADS, HYDERABAD. 4. THE EXECUTIVE ENGINEER, A.P.S.R.T.C., PANDIT NEHRU BUS STATION, VIJAYAWADA, KRISHNA DIST. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in rejecting the claim of the petitioner for regularization vide proceedings No.CE/785(1)/2013- 2 PO.II, dt.20-06-2014 is illegal, arbitrary, malafide, and set aside the same, consequently direct the 3rd respondent to implement the G.O.Ms.No.212 dt.22-04-1994 for regularization and absorption of the services of the petitioner as Work Inspector (Non Technical), and to draw the wages of the petitioner in the category of last grade service from the date of completion of five (5) years continuation service from the date of appointment i.e., 15-06- 1987 IA NO: 1 OF 2014(WPMP 40227 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to absorb the petitioner in the existing clear vacancy of last grade service as per Clause-6 of G.O.Ms.No.212 dt.22-04-1994, by Suspending the proceedings No.CE/785(1)/2013-PO.II, dt.20-06-2014 issued by the 3rd respondent, pending disposal of the Writ Petition IA NO: 1 OF 2015(WVMP 1074 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt.05-11-2014 in WP.No.32173 of 2014 and pass. Counsel for the Petitioner: 1. S A K MYNUDDIN Counsel for the Respondent(S): 1. GP FOR TRANSPORT (AP) 2. GP FOR LABOUR (AP) 3. P DURGA PRASAD SC FOR APSRTC The Court made the following: 3 ORDER:- The petitioner has filed this writ petition seeking regularization of his services as Work Inspector. The claim of the petitioner is that the petitioner was engaged on daily wage basis on 15.06.1987 and the petitioner's services were routed through a contractor. The petitioner earlier filed W.P.No.24806 of 1997 seeking a direction to consider the case of the petitioner for appointment in a suitable post. The said writ petition was disposed off, directing the respondent authorities to accommodate the eligible employees including the petitioner who filed writ petitions in the available vacant post. 2. The respondent has filed a writ appeal and when the writ appeals were admitted the learned Division Bench of this Court had granted stay on the operation of the order of the learned Single Judge. Thereafter, the writ appeals were dismissed. However by then some of the employees had left the respondent corporation and some were accommodated. 3. Insofar as the case of the petitioner is concerned, it is stated in the counter filed by the respondents that the petitioner was found eligible for absorption having completed 5 years of service as on 25.11.1993 and that his case was forwarded to the Government for approval. It is also stated in the counter that the Government has rejected the proposal of the petitioner along with 28 other contract labourers. The said order of rejection is passed on 15.02.2014. Thereafter, the respondents have passed further proceedings dated 20.06.2014 duly informing the petitioner about the rejection of the case 4 of the petitioner. The writ petition is filed challenging the said orders of rejection. However the petitioner was aged about 58 years as on the date of filing of the writ petition. 4. The respondents filed a vacate petition soon after the interim order was passed. Thereafter, the contempt case was also filed alleging the non- compliance of the interim directions. 5. Considering the counter filed by the respondents that the corporation had acute shortage of funds and there were no vacancies available in the Civil Engineering Department of the respondent corporation, the case of the petitioner was rejected. On account of the efflux of time, no further orders can be passed in the writ petition. 6. Accordingly, the Writ Petition is closed, as the writ petition is closed, the Contempt Case filed alleging non-compliance of the order in the writ petition also deserves to be closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 07.05.2026 SR