APHC010114672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 6066/2024 Between: 1. KANCHADAPU NAGAMANI,, W/O. LATE SRINIVASA RAO, AGED 41 YEARS, R/O. SANTHINAGAR, TIRUVUR VILLAGE AND MANDAL, NTR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, NTR DISTRICT AT VIJAYAWADA 3. THE TAHSILDAR, TIRUVUR MANDAL, NTR 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 topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in not considering the Petitioner on outsourcing basis for the post of sweeper in the office of 3rd Respondent as per the endorsement issued by the 2nd Respondent in Rc.Admin.6/1875/2023 dated 08.11.2023 as illegal, irregular, arbitrary, in violation of principles of natural justice, unjustified, unreasonable, unconstitutional and direct the Respondents to appoint the Petitioner to the post of the Sweeper in the office of the 3rd Respondent under outsourcing basis or under voucher /nomination basis with all back wages and pass IA NO: 1 OF 2024 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 pleased to direct the Respondent No.2 to consider the Representation dated 18-01-2024 and appoint the Petitioner to the post of the Sweeper in the office of the 3rd Respondent under voucher /nomination basis and pass Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: The Court made the following ORDER: 1. The present Writ Petition is filed aggrieved by the action of the respondents in not considering the petitioner for engagement on an outsourcing basis to the post of Sweeper in the office of Respondent No.3, as per the endorsement issued by Respondent No.2 in Rc.Admin.6/1875/2023 dated 08.11.2023, which is alleged to be illegal, irregular, and arbitrary. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. It is submitted that the petitioner had earlier approached this Court by filing W.P.No.24251 of 2023, and the said writ petition was disposed of with a direction to the respondents to consider the representation submitted by the petitioner on 29.10.2022 and pass appropriate orders. In compliance with the said directions, the respondents considered the matter and rejected the claim of the petitioner vide endorsement dated 08.11.2023. A perusal of the said rejection order discloses that the respondents were not inclined to engage the petitioner on an outsourcing basis on the ground that he was not eligible for such engagement. 4. Considering the same, this Court is of the considered opinion that when the respondents are inclined to take the services of the petitioner and when there is a requirement, they ought to have considered engaging the petitioner on an outsourcing basis instead of continuing him on daily wage basis. Therefore, the rejection order dated 08.11.2023 is liable to be set aside. 5. Accordingly, the writ petition is allowed by setting aside the said rejection order dated 08.11.2023, and the matter is remanded to Respondent No.2 for fresh consideration of the case of the petitioner and to pass appropriate orders in accordance with law. Insofar as the claim for back wages is concerned, the same may be considered by the respondents based on the record. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 06.05.2026 klk 41 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO:6066/2024 06.05.2026 klk