APHC010552652023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28619/2023 Between: 1. P RAMESH BABU, S/O P.BANGARU NAIDU, AGED ABOUT 54 YEARS, WORKING AS BILL COLLECTOR, TIRUCHANUR GRAM PANCHAYAT, THIRUPATHI DISTRICT. 2. D.NAGARAJU, S/O D.SUBBA RAJU, AGED ABOUT 50 YEARS, WORKING AS OFFICE-SUBORDINATE, TIRUCHANUR GRAM PANCHAYAT, CHITTOOR, TIRUPATHI DISTRICT. 3. O.NAGARJUNA, S/O O.SUBRAHMANYAM CHETTY, AGED ABOUT 53 YEARS, WORKING AS JUNIOR ASSISTANT, CHANDRAGIRI GRAM PANCHAYAT AND MANDAL, TIRUPATHI DISTRICT. 4. SMT.D.LAKSHAMAMMA, W/O LATE D.VENKATAIAH, AGED ABOUT 60 YEARS, WORKING AS SWEEPER, RENUGUNTA GRAM PANCHAYAT AND MANDAL, TIRUPATHI DISTRICT. 5. B.MURALI, S/O B.BAKKAIAH, AGED ABOUT 54 YEARS, WORKING AS SANITARY MAISTRY, CHANDRAGIRI GRAM PANCHAYAT AND MANDAL, TIRUPATHI DISTRICT. 6. P.TULASI RAMA REDDY, S/O P.GURAVA REDDY, AGED ABOUT 56 YEARS, WORKING AS JUNIOR ASSISTANT, PAKALA GRAM PANCHAYAT AND MANDAL, TIRUPATHI DISTRICT. 7. D.PADMANABHA RAJU, S/O D.SUBBA RAJU, AGED ABOUT 56 YEARS, WORKING AS PANCHAYAT SECRETARY, BATTULAVALLAM GRAM PANCHAYAT VARDAIAHPALEM MANDAL, TIRUPATHI DISTRICT. 8. M.SAHADEVA, S/O M.GANGAIAH, AGED ABOUT 61 YEARS, WORKING AS SANITARY MAISTRY, RENUGUNTA GRAM PANCHAYAT AND MANDAL, TIRUPATHI DISTRICT. 2 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLY, GUNTUR DISTRICT 4. THE DISTRICT COLLECTOR, , (PANCHAYAT WING) TIRUPATHI, TIRUPATHI DISTRICT. 5. THE DISTRICT PANCHAYAT OFFICER, , TIRUPATHI, TIRUPATHI DISTRICT. 6. THE DISTRICT COLLECTOR PW, CHITTOOR, CHITTOOR DISTRICT. 7. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR, CHITTOOR 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 tomay be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not granting retrospective regularization from the date of completion of 5 years on or before 25.11.1993 for counting of NMR service rendered prior to regularization of petitioners service for the purpose of pension and pensionary benefits as held by the Honble Supreme Court in Civil Appeal No.6318/2015 dt.17.8.2015 as followed by the combined Honourable AP High Court in WP No.33936/2011 and Batch dt. 2.5.2018 (Reported in 2018 4 ALT P.6) and also orders passed in WA No.414/2020, dt. 27.8.2021 Reported in 2021 (5) ALD P.422 is illegal, arbitrary and voilative of the principles of natural justice andconsequently direct the respondents to grant retrospective regularization from the date of completion of 5 years of service on or before 25.11.1993 for the purpose of pension and pensionary benefits as held by the Honourable Supreme Court in Civil Appeal No.6318/2015 dt.17.8.2015 which were followed by the combined Honourable High Court in WP No.33936/2011 and Batch dt. 2.5.2018 Reported in 2018 (4) ALT 6 and 3 also orders passed in WA No.414/2020 , dt. 27.8.2021 Reported in 2021 (5) ALD P.422 r/w Rule 13 and 14 of AP Revised Pension Rules and pass such IA NO: 1 OF 2023 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 may be pleased to direct the respondents to consider the claim of the petitioner for retrospective regularization from the date of completion of 5 years on or before 25.11.1993 for the purpose of pension and pensionary benefits in terms of orders passed by the Hon'ble Supreme Court in Civil Appeal No.6318 of 2015 dt. 17.8.2015 which were followed by the combined Hon'ble High Court in WP No.33936/2011 & batch dt. 2.5.2018 Reported in 2018 (4) ALT P.6 and also orders passed in WA No.414/2020 , dt. 27.8.2021 Reported in 2021 (5) ALD P.422 r/w Rule 13 & 14 of AP Revised Pension Rules, pending final disposal of the writ petition and pass such IA NO: 1 OF 2025 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 permit to receive counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner(S): 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR SERVICES IV The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28619 OF 2023 ORDER: The present writ petition is filed to declare the action of the Respondents in not granting retrospective regularization from the date of completion of 5 years on or before 25.11.1993 for counting of NMR service rendered prior to the regularization of petitioners’ service for the purpose of pension and pensionary benefits as illegal and arbitrary. 2. The petitioners were appointed as part-time NMRs in various gram panchayats in the year 1986-88. Subsequently, their services were regularized vide G.O.Ms.No.268, PR & RD department, dated 13.09.2004 and G.O.Ms.No.333, PR & RD Department, dated 23.09.2011 along with similarly situated employees in terms of G.O.Ms.No.212, F&P, dated 22.04.1994. 3. The grievance of the petitioners is that service of the petitioners on completion of 5 years should be taken into consideration for the purpose of fixing pension as held by the Hon’ble Supreme Court in Civil Appeal No.6318 of 2015, dated 17.08.2015. 4. The learned Assistant Government Pleader would submit that counting of service as NMR even for purpose of pensionary benefits would cost the exchequer heavily. Apart from that, it is to be seen as to whether the petitioner was qualified as on the date of initial appointment. 5 5. Having considered the submissions, this Court is of the opinion that the writ petition can be disposed of by directing the authorities to extend the benefit of the judgment of the Hon’ble Division Bench of this Court in Government of Andhra Pradesh represented by its Principal Secretary, PR and RD Department, Hyderabad and others vs. N.Venkaiah and others1 and the judgment of the Hon’ble Supreme Court in B.Srinivasulu and others vs. The Nellore Municipal Corporation represented by its Commissioner, Nellore District, Andhra Pradesh and others 2 and the judgment of the Hon’ble Supreme Court in S.D.Jayaprakash and others ETC vs. Union of India and others3, by reckoning their services from the date of completion of five years in service, on or before 25.11.1993, for the purposes of their pension and pensionary benefits. It is made clear that the petitioners are not entitled to arrears of pay or allowances. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. _____________________ NYAPATHY VIJAY, J Date: 16.07.2025. SCS 1 2018 (4) ALT 6 (D.B) 2 Civil Appeal No.6318 of 2015, dated 17.08.2015 3 2025 LawSuit (SC) 623 6 92 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28619/2023 Date: 16.07.2025. SCS 7