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2021 DAILYLAW 1082 (AP)

N SUBBA RAO v. The State of Andhra Pradesh.

WP/27327/2021 · 2026-06-29

Tarlada Rajasekhar Rao

body2021

Judgment text

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Date of reserved for orders Date of pronouncement Date of uploading APHC010453122021 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 30 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 27327/2021 BETWEEN: 1. N SUBBA RAO, S/o. SHRI N.SATYAM, AGED 51 YEARS, OCCUPATION- W.W. CLEANER (TIME SCALE EMPLOYEE) (146, MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.61-7-20, P A EAST GODAVARI DISTRICT. 2. K.SATYANARAYANA, S/o. SHRI K.ADINARAYANA, AGED 54 YEARS, OCCUPATION: W.W. CLEANER(TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.32 STREET, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. P.PRAKASH, S/o. SHRI P.SURI APPA RAO, AGED 54 YEARS, OCCUPATION- MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/O H.NO.39-1-23, MANGALAVARAPUPETA, RAJAMAHENDRAVARAM, EAST G 4. P.S.RAMAMOHANA RAO, S/o. SHRI P.RAJA RAO, AGED 54 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, Rio. H.No.80 BHASKARAMMA NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. Date of reserved for orders : : 30.06.2026 : 01.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 27327/2021 N SUBBA RAO, S/o. SHRI N.SATYAM, AGED 51 YEARS, W.W. CLEANER (TIME SCALE EMPLOYEE) (146, MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. 20, P AND T COLONY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. K.SATYANARAYANA, S/o. SHRI K.ADINARAYANA, AGED 54 YEARS, OCCUPATION: W.W. CLEANER(TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.32-11-26, MERAKA RAJAMAHENDRAVARAM, EAST GODAVARI P.PRAKASH, S/o. SHRI P.SURI APPA RAO, AGED 54 YEARS, W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/O 23, MANGALAVARAPUPETA, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. P.S.RAMAMOHANA RAO, S/o. SHRI P.RAJA RAO, AGED 54 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, Rio. H.No.80-12- BHASKARAMMA NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3330] HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO N SUBBA RAO, S/o. SHRI N.SATYAM, AGED 51 YEARS, W.W. CLEANER (TIME SCALE EMPLOYEE) (146, MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. ND T COLONY, RAJAMAHENDRAVARAM, K.SATYANARAYANA, S/o. SHRI K.ADINARAYANA, AGED 54 YEARS, OCCUPATION: W.W. CLEANER(TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, 26, MERAKA RAJAMAHENDRAVARAM, EAST GODAVARI P.PRAKASH, S/o. SHRI P.SURI APPA RAO, AGED 54 YEARS, W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/O 23, MANGALAVARAPUPETA, ODAVARI DISTRICT. P.S.RAMAMOHANA RAO, S/o. SHRI P.RAJA RAO, AGED 54 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, -2, KOKA BHASKARAMMA NAGAR, RAJAMAHENDRAVARAM, EAST 2 5. A.VENKATA RAO, S/o. SHRI A.CHITAYYA, AGED 56 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.61-19-3/1, SARANGADHARAMETTA, PAND T COLONY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. V.DEVENDRUDU, S/o. SHRI V.NAGANA, AGED 54 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.73-8-2/1, 5TH STREET, NARAYANAPURAM, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 7. K.RAMAM, S/o. SHRI K. NARASIMHA MURTHY, AGED 52 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.61-4/7/1, SANJEEVA NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 8. 8. S.RAMANA, S/o. SHRI S.RAMULU, AGED 51YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.44-9-10, CHINNAVEEDHI, ANNAPURNAMMAPETA, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 9. K.NAGESWARA RAO, S/o. SHRI K.CHINNAYYA, AGED 52 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.44-9-3, BOSU BOMMA STREET, ANNAPURNAMMAPETA, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 10. L.RAMAKRISHNA, S/o. SHRI L.SURYA RAO, AGED 49 YEARS, OCCUPATION: W.W. CLEANER (TIME SCALE EMPLOYEE) MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, R/o. H.No.4-9-10, CHINNA VEEDHI, ANNAPURNAMMAPETA, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 3 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, GORANTLA, GUNTUR DISTRICT. 4. THE MUNICIPAL CORPORATION OF RAJAMAHENDRAVARAM, , REPRESENTED BY IT'S COMMISSIONER RAJHNNAHENDRAVARAM, EAST GODAVARI DISTRICT. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of 1st respondent in issuing the Memo No.1108833/G1/2020 dated 23-07- 2020 and the consequential Endorsement in ROC No.2822/2010-E1 Dated 30-08-2021 issued by the 4th respondent in rejecting the claim of the petitioners for regularization as illegal, arbitary and Un Constitutional and contrary to the Judgment of the Honourble Supreme Court in District Collector/Chairman and others Vs M.L.Singh and others reported in 2009(8) SCC 480 and B.Srinivasulu Vs Nellore Municipal Corporation in Civil Appeal No.6318 of 2015 dated 17-08-2015 and consequently set- aside the Memo No.1108833/G1/2020 dated 23-07-2020 issued by the 1st respondent and the Endorsement in ROC No.2822/2010-E1 Dated 30-08- 2021 issued by the 4th respondent and regularize the services of the petitioners from the date of initial appointments with all incidental and consequential benefits and to pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Main prayer amended/substituted as per Court Order Dt.05-12- 2022 vide I.A.No.1/2021 in W.P.No.27327 of 2021 in the petition and affidavit. 4 Counsel for the Petitioner(S): 1. CH S V SURAJ Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR SERVICES IV 3. K SREEDHARA MURTHY (SC for Municipalities and Municipal Corporation services) 4. GP FOR SERVICES I The Court made the following: 5 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “…..to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of 1st respondent in issuing the Memo No.11108833/G1/ 2020 dated 23.07.2020 and the consequential Endorsement in ROC No.2822/2010-E1 dated 30.08.2021 issued by the 4th respondent in rejecting the claim of the petitioners for regularization as illegal, arbitrary and unconstitutional and contrary to the Judgment of the Hon’ble Supreme Court in District Collector/Chairman and others Vs M.L. Singh and others reported in 2009(8) SCC 480 and B. Srinivasulu Vs Nellore Municipal Corporation in Civil Appeal No.6318 of 2015 dated 17.08.2015 and consequently set-aside the Memo No.1108833/G1/2020 dated 23.07.2020 issued by the 1st respondent and the Endorsement in ROC No.2822/2010-E1 Dated 30.08.2021 issued by the 4th respondent and regularize the services of the petitioners from the date of initial appointments with all incidental and consequential benefits and to pass such other order or orders…..” 2. Learned counsel for the petitioners submitted that the issue in the present writ petition is covered by order dated 17.03.2026 in W.P. No.44902 of 2018 and Batch. 3. The Division Bench of this Court after considering the Division Bench Judgment of the Madras High Court in the case of M. Sivappa v. 6 State of Tamil Nadu and others1 directed the respondents to regularize the services of the petitioners along with consequential benefits. 4. Learned counsel for the respondents not disputed the same and fairly stated that the issue in the present Writ Petition is covered by order in W.P. No.44902 of 2018 and batch. 5. In view of the said representation made by the learned counsel for the respondents, the present Writ Petition is disposed of in terms of the order in W.P. No.44902 of 2018 and batch, dated 17.03.2026, directing the respondents to regularize the services of the petitioners within a period of three months from the date of receipt of the copy of the orders. 6. Learned counsel for the petitioners stated that the 4th and 6th petitioners are retiring from service on 30.06.2026 on attaining the superannuation. Therefore, it goes without saying that the petitioners are eligible for all the service benefits as regular employees. As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed. There shall no order as to costs. Office is directed to attach a copy of the order in W.P. No.44902 of 2018 and batch, dated 17.03.2026. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 30.06.2026 Harin 1 2023(2)CWC495 7 50 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 27327 of 2021 Date: 30-06-2026 Harin Whether the order is: Speaking Reasoned Reportable Non-reportable 8 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE: W.P.No. 27327 of 2021 PROCEEDING SHEET Sl. No DATE ORDER Office Note 07. 30.06.2026 TRR, J This writ petition is disposed of. [vide separate order] ______ TRR,J Harin