IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15123 OF 2021 Between: 1. Gopu Raja Kumari, W/o Venkateswara rao, aged 66 years Occ Retd Employee, Rio ano.7-108, NTR road, Raithupeta, Nandigama, Krishna’ District, Andhra Pradesh. 2. Attanuru Rangareddy, S/o Chinna Venkata Reddy, aged 65 years Occ Retd employee, R/o D.no.1-111, Polisettipadu Village, A. Kondur’u Mandal, Krishna District, Andhra Pradesh. 3. Peddireddy Narasimhaswamy, S/o Ramireddy, aged 61 years, Occ. retd., employee, R/o D.no.7-61, Shermohammadpeta, Jaggayyapeta Mandal, Krishna District, Andhra Pradesh. 4. Gudeti John Kotaiah, S/O Sundararao, aged 63 years, Occ. Retd. Employee, R/o D.no.3-150, Harijanawada, Makkapeta, Krishna District Andhra Pradesh. 5. Pagadala Krishna Rao, S/o Venkata Ramayya, aged 64 years, Occ. Retd., Employee, R/o D.no.3-6, Ganginenipalem, G.Konduru Mandal Krishna District, Andhra Pradesh ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, A.P. Secretariat, Velagapudi, Amaravathi Guntur District. Public Libraries, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh. 3. The District Grandhalaya Samstha, Mullapudi-Veeranki Lock Rd NTR Colony, Veerankilaku, Andhra Pradesh 521246 rep by its Secretary. ...Respondents 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 Writ, order or Direction more particularly one in the / / nature of Mandamus declaring the action of the Respondents not considering the services of the petitioners for regularisation with effect from the date of G.O.Ms.No. 112 dt.23.07.1997 is illegal, arbitrary and in violation of Art. 14, 16 of Constitution of India, and contrary to the Law declared by the Hon'ble Apex Court in the case of B Srinivasulu Sio. Padmanbaiah and others v. The Nellore Municipal Corporation represented by its Commissioner, Nellore District, Andhra Pradesh and Others delivered in Civil Appeal No. 6318 of 2015, dated 17,08.2015 and consequently direct the respondents to pay all such service benefits. Financial benefits and pay and allowance benefits to the petitioners. / lA NO: 1 OF 2021 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 respondents to declare that petitioners services to be regularized with effect from G.O.Ms.No.112, dt. 23.07.1997 by paying service benefits, pending disposal of the above writ petition. Counsel for the Petitioners: SRI. PALLA BALU ANIL KUMAR Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 2 & 3: GP FOR SERVICES-III The Court made the following: ORDER Nn APHC010260962021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] Mi THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15123/2021 Between: ...PETITIONER(S) Gopu Raja Kumari and Others AND ...RESPONDENT(S) » The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1.GPFOR SERVICES III 2.GP FOR SCHOOL EDUCATION The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue Writ order or Direction more particularly in the nature of Mandamus declaring the action of the of' the one in . Respondents not considering the services petitioners for regularization with effect from the date of G.O.Ms.No.112, dt. 23.07.1997 is Hlegal, arbitrary and in violation of Art 14, 16 of Constitution of India and contrary to the Law declared by the Hon’ble Apex Court in the case of B.Srinivasulu S/o Padmanbaiah and others v. The Municipal Corporation represented by its Nellore 2 Commissioner, Nellore District, Andhra Pradesh and Others, delivered in Civil Appeal No.6318 of 2015 dated 17.08.2015 and consequently direct the respondents to pay all such service benefits. Financial benefits and pay and allowance benefits to the petitioners ” 2. Brief facts of the case are that the petitioners were appointed a Part- time librarians on 15.11.1975, 23.01.1981, 16.04.1982 in the Village Library of goginenivaripalem village, G.Koduru Mandal in Krishna district; Raghavapuram village, Nandigama Mandal in Krishna district; Polisetty Village, A.Koduru Mandal in Krishna district; Sharemohmadpeta Village, Jagayyapeta Mandal in Krishan district and Makkapeta Vilage,^ Vastavai Mandal in Krishna district respectively. The 15.10.1981, 24.07.1982 Government in G.O.Ms.No.112, dated 23.07.1997, ordered to extend their services with ail benefits with retrospective effect. But the services of the petitioners were regularized vide G.O.Rs.No.250, dated 19.04.2022 with effect from the date of Government Order. The petitioners were retired on 31.08.2017; 31.03.2016; 31.07.2016; 31.08.2018 and 31.08.2018 respectively. This Court vide order dated 25.04.1997 in WPMP.No.2417/1996, WPMP.No.761/1997 have directed the 1®‘ respondent to formulate a scheme to regularize part-time employees. Accordingly, the Government of AP, after careful consideration of the issue, formulated a scheme for regularization of the services of the persons appointed on part-time basis, taking decision that the services of such persons who has been worked continuously as part time workers for a minimum period of ten years and are continuing as on 3 ff 25.11.1993, the date of which the A.P (Regulation of appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 came into force and issued orders in G.O.Ms.No.112, Finance and Planning Department, dated 23.07.1997. While so, the services of the petitioners were regularized through G.O.Rt.No.250, dated 19.04.2002 instead of G.O.(P)No.112, dated 23.07.1997, which resulted in services of the petitioners have been lesser than that of actual service. Hence, the petitioners made requests to the respondents to rectify the error. But the respondents have not taken any action. Aggrieved by the same, the present writ petition has been filed. The respondents filed counter affidavit denying the allegations made in the petition and stated that there is no mention in G.O.Ms.No.112, Finance and Planning Department, dated 23.07.1997 for regularization of services of the petitioners with retrospective effect of the date of their completion of ten years of service. Hence, it is the policy decision of the government, who formulated the scheme of regularization of services of part- time workers from which date the services of part time workers may be regularized. The petitioners have not submitted any request to the respondents previously to pursue the matter and to consider the name, but they have submitted representation to the 3'^'^ respondent on 22.06.2021, who is not competent to take decision in this matter. Therefore, prays to dismiss the writ petition. 3. Heard Mr.Palla Balu Anil Kumar, learned counsel for the petitioners and lear'ned Assistant Government Pleader for Services-lll, for the respondents. 5. On hearing, learned counsel for the petitioners while reiterating the contents urged in the writ petition, submits that, aggrieved by the denial of the retrospective regularization, the petitioners seeking regularization from the date of completion of five years of service for the purpose of seniority/ pensionary benefits, without monetary benefits, in terms of the order passed by the Hon’ble Supreme Court in the decision of B.Srinivasulu V. Nellore Municipal Corporation^ He further submits that once the policy contained in G.O.Ms.No.212 was given effect to and persons appointed on daily wages/nominal muster roll/consolidated pay acquired a right there under to be regularized in service, the State could not have deprived the petitioners of the said right by amending the Act of 1994. He further submits that, when regular exercise was even undertaken in any department to assess the vacancy position so as to immediately extend benefit to those covered by G.O.Ms.No.212, it is not open to the State to now come forward and say that there were no vacancies as on the date that the employees in question completed five years in service, on or before 25.11.1993. A mere assertion in this regard is nothing short of an unsupported self-serving ipse dixit on the part of the State and its instrumentalities and cannot be accepted at face 4. no ^ 2015 LawSuit(SC) 1733 5 value. Therefore, learned counsel for the petitioner requests this Court to pass appropriate in view of the Judgment of Hon’ble Apex Court in B.Srinivasulu’s Judgment. 6. On the other hand, learned Assistant Government Pleader while reiterating the contents urged in the writ petition, submits that, in Zilla Grandhalaya Samstha, Krishna, as per G.O.Ms.No.212, Finance and Planning Department, dated 22.04.1994. Hence, the question of acquiring a right there under for the regularization of service as stated by the petitioner does not arise. He further submits that the State could not have deprived the petitioners of the said right by amending Act of 1994, as the Government is policy and rule making authority, the government have right to deprive the irregular demand of the petitioners. Moreover, the petitioners have also no such right to question the orders of the Government and demanded for amendment of Act 1994 in their favour. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. 7. Perused the record. 8. On a perusal of the Judgment of the Hon’ble Supreme Court in the decision of B.Srinivasulu V. Nellore Municipal Corporation in Civil Appeal No.6318 of 2015, dated 17.08.2015, the Hon’ble Apex Court allowed the appeal directing that the appellants’ services be regularised with effect from the date of their completing their five year continuous service and held that “the right of the appellants to seek regularization flows from the G. O. 6 No.212 dated 22.4.1994. The appellant have been in service of the first respondent not only prior to the issuance of the said G.O. but even subsequent to the issue of G. O. till today. The respondent Municipality being a statutory body is obliged by the G.O. 212(supra). Inspite of the above mentioned G.O. the respondents kept quite for almost 20 years without regularising the service of the appellants and continued the appellants." to extract work from 9. On considering the submissions of both the learned counsels and upon perusing the entire material on record and relying upon the Judgment of the Hon'ble Supreme Court in B.Srinivasulu’s Judgment, this Court is of the opinion that, the petitioners have been in service prior to the issuance of G.O. and also subsequent to the issuance of G.O.(P).No.112 but the petitioners have been regularized 19.04.2002 with effect from the date of said G.O. dated 23.07.1997, vide G.O.Rt.No.250, dated Hence, this Court is inclined to dispose of the writ petition, directing the respondents services of the petitioners with effect from the date of their five year continuous service to regularize the completing their as laid down by the Hon’ble Supreme Court in the decision of District Collector/Chairperson and others. vs M.L Singh and others^, within a period of three (03) months from the date of copy of this order. ' receipt of a ^1998 (2) ALT 5 / » 7 10. With the above direction, the Writ Petition is disposed of. No costs. 11. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR i SEGIlONt)FFICER //TRUE COPY// To, Secretary, Finance & Planning Department State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Public Libraries, Andhra Pradesh Guntur District, Andhra Pradesh. Mangalagiri, Rd^NTR Grandhalaya Samstha, Mullapudi-Veeranki Lock Kd, NTR Colony, Veerankilaku, Andhra Pradesh-521246. 4. One CC to Sri Palla Balu Anil Kumar, Advocate [OPUC] [OUT^^^ Finance & Planning, High Court of Andhra 6. Two CCs to GP for Services-lll, High Court of Andhra Pradesh. 7. Three CD Copies VAK Pradesh. [OUT] / . / HIGH COURT DATED:02/01/2025 ORDER WP.No.15123 of 2021 o^OF AND«^ o 0 3 FEB 2025 ;/a: i' O Co Current Section . ,P^5? P>atC DISPOSING THE WP WITHOUT COSTS