1 / APHC010342992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17413 OF 2025 Between: G. Nooka Raju, S/o. Late Ramulu, Aged 62 years, Retired as Chainman Visakhapatnam Metropolitan Region Visakhapatnam. Development Authority (VMRDA) ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Municipal Administration and Secretariat, Velagapudi, Amaravati, Guntur District. Urban Development Department 2. The State of Andhra Pradesh, Rep. by its Secretary to Government (R and E) Finance, (PC.Ill) Department, Secretariat, Amaravati, Guntur District. Velagapudi 3. Visakhapatnam Metropolitan Region Development Authority(VMRDA), Rep. by its Vice Chairman, UB Complex, Siripuram, Visakhapatnam - 530003. 4. The Metropolitan Commissioner, Visakhapatnam Metropolitan Region UB Complex, Siripuram, Development Authority (VMRDA), Visakhapatnam - 530003. 5. The Secretary, Visakhapatnam Metropolitan Region Development Authority (VMRDA), UB Complex, Siripuram, Visakhapatnam - 530003. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in respect of the representations dated 12.03.2025 and 08.06.2023 submitted by the petitioner to extend the benefit of past service as NMR from 25.11.1993 on which date the services of the petitioner was regularized against the vacancies after completion of Five (5) years of service from the date of his joining i.e., 05.03.1988 for fixation of his notional pay, seniority and pension on his retirement from service till it is sanctioned, as illegal, arbitrary, malafide, against the principles of Natural Justice violation of Constitutional besides Guarantees and welfare schemes and consequently to direct the respondents to extend the benefit of past service as NMR from 25.11.1993 on which date the services of the petitioner regularized against the vacancies after completion of Five (5) years of service from the date of his joining i.e., seniority and pension on his retirement from was 05.03.1988 for fixation of his notional pay, service till it is sanctioned, in the interest of justice. lA NO: 1 OF 2n?R 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 pass an interim direction against the respondents to extend the benefit of service as NMR from 25.11.1993 past on which date the services of the petitioner was regularized against the vacancies after completion of Five (5) service from the date of his joining i.e., 05.03.1988 for fixation of his notional pay, seniority and pension on his retirement from years of service forthwith, during the pendency of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI K. JYOTHI PRASAD Counsel for the Respondent Nos.1 & 2:GP FOR SERVICES-I Counsel for the Respondent Nos.3 to 5: SRI SOMISETTY BABU, SC For VUDA and MUDA GANESH The Court made the following order: APHC010342992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17413 OF 2025 Between; G. Nooka Raju ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.KJYOTHI PRASAD Counsel for the Respondent(S): 1.SOMISETTYGANESH BABU SC ForVUDA and MUDA 2.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17413 OF 2025 ORDER:- The present Writ Petition is filed questioning the action of the Respondents in not considering the representations of the Petitioner dated 08.06.2023 and 12.03.2025 to extend the benefit of past service as NMR from 25.11.1993, on which date the services of the Petitioner was regularized against the vacancies, after completion of five years of service from the date of his joining i.e 05.03.1988 as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner was initially appointed as an Attender on NMR basis 05.03.1988 and continued to be in service. While so, the Government issued G.O.Ms.No.212, dated 22.04.1994 for regularization of NMRs, who have completed 5 years continuous service as on 25.11.1993 against the vacancies. Though, the case of the Petitioner fails within the ambit of G.O.Ms.No.212, dated 22.04.1994, the Respondent Authorities did not consider the case of the Petitioner for regularization, though his juniors were being regularized from time to time. on 3. Aggrieved by the action of the Respondents in not considering the case of the Petitioner for regularization, the Petitioner had filed W.P.No. 16640 of 2020 and the same was allowed vide order dated 22.12.2020, directing the Respon^dept No.3 to regularize the service of the Petitioner with effect from the date of completion of 5 years continuous service. 4. The Operative portion of the order reads as; ■a m new of the provisions of G O.Ms.No.212 and the directions issued by the Hon'ble Supreme Court in M.LSingh ’(cited 1 supra) and In Civil Appeal No. 6318 of 2015, there shall be the services of the petitioner with effect from the years continuous service. However, the said regularization shall petitioner to any monetary benefits in terms of arrears of pay. but would only entitle him for notional fixation of pay. seniority and pension. 7. The exercise of regularizing the completed by the 3'"^ respondent within date of receipt of this order. 8. Accordingly, the writ petition is allowed. There shall be a direction to the a""' respondent to regularize date of his completing five not entitle the services of the petitioner, shall be a period of three (3) months from the no order as to costs. 5. Pursuant thereto, the Respondent No.4 issued Proceedings, vide Rc.No.1696/78/A3, dated 31.12.2021 Petitioner with effect from 01.01.2022 G.O.Ms.No.212, dated 22.04.1994. regularizing the services of the along with 7 others, in terms of 6. Now the grievance is that past service i.e 05.03.1988 initial appointment of the Petitioner should be fixation of Notional Pay, Seniority and Pension. i.e the date of taken into consideration for 7. Learned Standing Counsel for the Respondents No.3 to 5 would contend that a Writ Appeal was filed, questioning the order dated 22.12.2020 passed in W.P.No. 16640 of 2020 with delay and Further, learned counsel would submit that there same is yet to be listed. was a break in service of the '(2009) 8 see 480 Petitioner, as he was removed from the service in the year 1992 and therefore, the benefits, continuity of service could not accrue the Petitioner. 8. Heard learned counsel on both sides. 9. As could be seen from the record, the contention of the Respondent is that the services of the Petitioner was terminated in the year 1992, but this plea was never raised in W.P.No. 16640 of 2020 and for the first time in this Writ Petition was raised. Secondly, the very order for regularization dated 31.12.2021 issued by the Respondent No.4 was only on account of the Petitioner’s 5 years of continuous service up to 25.11.1993 and in terms of G.O.Ms.No. 212, dated 22.04.1994. The Respondent Authorities having accepted the continuous service of the Petitioner and having regularized him cannot turn around and contend that the Petitioner’s service was terminated in the year 1992. Therefore, this Court finds no merit in the arguments of learned Standing Counsel for the Respondents. 10. Accordingly, the Writ Petition is disposed of, in terms of decision of Hon’ble Division Bench of this Court in 'Government of Andhra Pradesh and Others v. N. Venkaaiah and Others’^ and the Judgment of the Hon’ble Supreme Court in "B. Srinivasulu v. Nellore Municipal Corporation” in C.A.No. 6318 of 2015, dated 17.08.2025 by directing the Respondent Authorities to take into consideration of past service of the Petitioner i.e from 25.11.1993 for the purpose of fixation of Notional Pay, Seniority and Pension, ^ 2018(4) ALD 590 (DB) within a period of six (06) weeks from the date of order. No costs. receipt of a copy of this As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Development Department, State of Velagapudi, Amaravati, Guntur District. 2. The Secretary to Government (R and E), Finance, (PC.Ill) Department Sate of Andhra Pradesh, Secretariat, District. Administration and Urban Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur 3. The Vice Chairman Visakhapatnam Metropolitan Region Development Authority (VMRDA), UB Complex, Siripuram, Visakhapatnam - 530003. 4. The Metropolitan Commissioner Visakhapatnam Metropolitan Region UB Complex, Development Authority (VMRDA), Visakhapatnam - 530003. Siripuram, 5. The Secretary, Visakhapatnam Metropolitan Region Development Authority (VMRDA), UB Complex, Siripuram, Visakhapatnam - 530003. 6. One CC to Sri K. Jyothi Prasad, Advocate [OPUC] 7. One CC to Sri Somisetty Ganesh Babu, SC for VUDA and MUDA [OPUC] 8. TwoCCsto GP for Services-I, 9. Two CD Copies. High Court of Andhra Pradesh [OUT] ssb ¥ HIGH COURT DATED:21/07/2025 ORDER WP No.17413 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS