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2025 DAILYLAW 27065 (AP)

BANDARU YERRINAIDU v. THE STATE OF ANDHRA PRADESH

WP/19806/2025 · 2025-07-30

Nyapathy Vijay

body2025

Judgment text

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rs r APHC010383252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19806 OF 2025 Between: Bandaru Yerrinaidu, S/o. Demudu, age 60 Years Assistant Beat Officer, Anakapalli Division, Yelamanchili Range, Payakaraopeta Section and Beat, Anakapalli District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Special chief secretary to Govt., Environment, Forests, Science and Technology Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Dept, of Forest, Secretariat, Secretariat Building, Velagapudi, Guntur Dist. Amaravathi, 3. The State of A P, Rep by its Principal Secretary, Finance Department, A.P. Secretariat, 1®* Floor, 2^ Block, Velagapudi Guntur Dist. 4. The District Forest Officer, Visakhapatnam, Andhra Pradesh. 5. The Forest Range Officer, Yellamanchili, Anakapalli Division Yelamanchili Range, Payakaraopeta Section and Beat, Anakapalli District. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned orders vide Impugned orders Rc.No. 178/2025/S3 dated 26.6.2026 of the respondent is as illegal, arbitrary, contrary to law. Violation of principles of natural justice, violation of Article 14, 16 and 21 of constitution of India and set aside the same above impugned proceedings on the ground that while the case of the petitioner is pending for active consideration of regularisation before the respondents 1 to 3 herein in light of G.O. Ms.No. 114 Finance(HR.1 PIg.and Policy) Dept., Dt. 21.10.2023 and further direct the respondents regularise the services of the petitioner as Assistant Beat Officer with the similarly placed candidates in G.O.Ms.No. 22 dated 16.3.2024 of the 1®' respondent and pay the ail the consequential and attendant benefits to the petitioner on per with the candidates whose services are regularised from 1.4.2024 and continue the petitioner up to 62 years. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the petitioner in his as Assistant Beat officer by suspending the Impugned orders vide Rc.No. 178/2025/S3 dated 26.6.2025 of the 5**^ respondent. Counsel for the Petitioner: SRI T. V. V. KOTESWARA RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: I APHC010383252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19806 OF 2025 Between: Bandaru Yerrinaidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19806 OF 2025 ORDER:- The present Writ Petition is filed questioning the Proceedings vide Rc.No.178/2025/S3, dated 26.06.2025 issued by the Respondent No.5 in not regularizing the services of the Petitioner as Forest Beat Officer and not paid the consequential and attendant benefits on par with other employees and continue the Petitioner up to 62 years. 2. The Petitioner was initially appointed as Assistant Beat Officer on contract basis and the same was being extended from time to time. While so, an Act was issued “Andhra Pradesh Regularization of Services of Contract Employees Act, 2023, (in short “the Act”) which provided for regularization of Contract Employees as per Chapter-2 thereof, certain conditions have been prescribed for regularization. One of the conditions imposed that Section 3(2) of “the Act” states that the persons, who have been appointed on contract basis as on 02.06.2014 and should be continuing as on the date of commencement of the Act are entitled for regularization. Chapter-ll deals with Regularization of Services of Persons appointed on contract basis, wherein Section 3 of ‘the Act’ reads as under: 3. Notwithstanding anything contained in any law/ Rule/ Notification/ Government order for the time being in force, the persons appointed on contract basis, shall be regularized, subject to fulfillment of the following conditions. « (1) Regularization shall be applicable to the persons appointed contract basis in the Government Departments only. on (2) The persons should have been appointed on contract basis as on 2""' June 2014 and should be continuing as on the date of the commencement of this Act. (3) (4) (5) The regularization of a person appointed on contract basis shall be considered, only if his initial appointment was in due compliance with the procedure relating to; (i) Selection Process; (ii) Rule of reservation; (Hi) Eligibility, age & educational gualifications prescribed for the post; (iv) Notification of Vacancies. (6) The regularization shall be only, against, clear vacancies after duly excluding the vacancies notified by the recruitment bodies such as Andhra Pradesh Public Setvice Commission (APPSC), Andhra Pradesh State Level Police Recruitment Board (APSLPRB) etc., 3. Learned counsel for the Petitioner would further submit that the proposals were sent by Principal Chief Conservator of Forests for regularization of 151 contract employees, working in the Forest Department on 02.06.2014 and still working as on 21.10.2023. As per G.O.Ms.No.22, dated 16.03.2024, the Government regularized 119 contractual employees, leaving the balance of 32 employees. The reason for non consideration of the Petitioner’s case for regularization was ‘under scrutiny’. In the proposals sent by the Principal Chief Conservator of Forests for the second time 07.02.2025 for regularization of 32 individuals, the name of the Petitioner as on was o also included. It is on this ground that the Petitioner is questioning the impugned proceedings as her case for regularization is under active consideration. 4. Learned Assistant Government Pleader for the Respondents would contend that the Petitioner is not entitled for continuing beyond 31.07.2025 as she was not regularized as on date. It was contended that as per G.O.Ms.No.15, dated 31.01.2022 the Andhra Pradesh Public Employment Regulation of Age of Superannuation Act, 1984 was amended by enhancing the age from 60 to 62 years would not apply to the case of the Petitioner. 5. Having heard the respective counsel and considering the fact that the issue of regularization of the Petitioner is under active consideration by the Government, the Petitioner would have to face hardship, in the event, regularization is with effect from 01.04.2024. 6. In that view, this Court considering peculiar scenario is inclined to dispose of the Writ Petition with following directions: (i) The Petitioner shall continue as Assistant Beat Officer till the Respondent No.1 decides on the aspect of regularization of the Petitioner; (ii) The Petitioner shall be paid salary as was paid, till Government takes a decision for regularization of the Petitioner or till attaining the age of 62 years. 7. With the above directions, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECT(b FICER To, 1. The Special Chief Secretary to Govt., Environment, Forests, Science and Technology Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Dept, of Forest, State of Andhra Pradesh, Secretariat, Secretariat Building, Velagapudi, Amaravathi, Guntur Dist. 3. The Principal Secretary, Finance Department, State of A P, A.P. Secretariat, 1"' Floor, 2"^' Block, Velagapudi Guntur Dist. 4. The District Forest Officer, Visakhapatnam, Andhra Pradesh. 5. The Forest Range Officer, Yellamanchili, Anakapalli Division Yelamanchili Range, Payakaraopeta Section and Beat, Anakapalli District. 6. One CC to Sri T. V. V. Koteswara Rao, Advocate [OPUC] 7. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Cnr ''5 HIGH COURT DATED:31/07/2025 5 2 n AUG 2025 “ ^ . Current Section ORDER WP NO. 19806 OF 2025 o DISPOSING OF THE W.P. WITHOUT COSTS