Extracted from the PDF above. The PDF is authoritative.
APHC010362082025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18584/2025 Between: M. Veeramani ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. T JANARDHAN RAO Counsel for the Respondent(S):
1. T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION)
2. GP FOR SERVICES II The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 18584 of 2025
ORDER:
1. The Writ Petition is filed questioning the Proceedings issued vide L.Dis.No.C1/13027(43)/5/2024, dated 5.04.2024, rejecting the claim of the Petitioner for regularization of his services in the Respondent No.3 institution/ Sri Kalahasteeswara Swamyvari Devasthanam, as illegal and arbitrary.
2. The Petitioner has been working as Helper/Attendar in the Respondent No. 3 Devasthanam since 2005. Subsequently, the Petitioner and other daily wage employees had formed an association, namely Sri Kalahasteeswara Swamy Devasthanam Workers Welfare Association vide Registration No. 161 of 2007, and the Petitioner was being engaged through this Association on an outsourcing basis ever since. Subsequently, the Petitioner was engaged through Sri Nettikanti Anjaneyaswamyvari Devasthanam since 2014. As the Petitioner continued on an outsourcing basis since 2005, the Petitioner sought regularization of his services in the Respondent No. 3 Devasthanam.
3. In the Counter Affidavit filed by the Respondent No. 3, it is stated that there is no employee and employer relationship between them and the
Petitioner was being engaged through an outsourcing agency. It is further stated that as the issue of regularization is a policy decision, the case of the Petitioner was not considered for regularization.
4. It is further stated in the counter affidavit that the regularization of the Petitioner would not be in consonance with the equal opportunity in public employment, and the same would only encourage backdoor entry into public employment.
5. Heard the respective counsel.
6. There is no dispute that the Petitioner has been discharging his duties in the Respondent No. 3 institution since 2005 and has continued on an outsourcing basis through Sri Kalahasteeswara Swamy Devasthanam Workers Welfare Association and Sri Nettikanti Anjaneyaswamyvari Devasthanam. As the Petitioner has continued on an outsourcing basis as Helper/Attendar over a period of two decades, there is a necessity for the employee in the Respondent No. 3 Institution.
7. The Hon’ble Apex Court in Jaggo v Union of India and others[1]
directed the Respondent Authorities therein for regularization of various employees, though they were appointed on an outsourcing/temporary basis.
.
8. In the light of the judgment of the Hon’ble Supreme Court referred to above, the Writ Petition is disposed of with the following directions: i) The Respondents are bound to examine the said judgments and pass appropriate orders on the claim of the Petitioner, subject to the statutory condition that the expenditure towards salaries of the staff of religious and secular establishments shall not exceed thirty per cent of the annual income calculated under Section 57 of the Endowments Act. ii) This exercise shall be completed within a period of four months from the date of receipt of a copy of this Order. iii) There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.12.2025 eha
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.18584 of 2025 Date: 23.12.2025
eha
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