APHC010654022022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 38964/2022 Between: 1. BONDLAPATI SUNDARA RAO, S/O. PEDA THIMMAIAH AGED 49 YEARS, OCC- CONTRACT EMPLOYEE, R/O 1 - 33, S. C. COLONY, DORNALA, YADAVALLI, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF TRIBAL WELFARE SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. ANDHRA PRADESH TRIBAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS, SOCIETY (GURUKULAM), REP. BY ITS SECRETARY, III FLOOR, MOKHSA SAI PLAZA, TADEPALLI, GUNTUR 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 topleased to issue a writ, order or direction more in the nature of WRIT OF MANDAMUS declaring that the petitioner is entitled for regularization of his service as Attender on the Rolls of 2nd Respondent in view of the fact that he was appointed after undergoing process of selection in regular vacancies and completing about 17 years of service in the said post with all consequential benefits including granting of minimum of the time scale of pay and other allowances attached to the said posts in accordance with 2 rules and law on the subject matter as was extended to similarly situated persons vide G. 0. Rt. No. 38, SW., dated 25-1-2019 and orders issued by the 2nd respondent in Proc. Rc. No. B3/ Suits/WP-23742- 2018/2018, dt. 28.3.2019 and Procgs. Rc. No. APTWRE-11060/5/2019- ADMIN-APTWREIS, Dt- 22.09.2021, consequential thereto pending regularization of the petitioner's service and to pass IA NO: 1 OF 2022 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 direct the respondents to extend minimum time scale of pay attached to the regular post of Attender in which the petitioner is working, pending regularization of his service as per Judgment of the Hon'ble Supreme Court in the case of State of Punjab and others Vs. Jagjit Singh and others (2017 (1) SCC 148), by duly extending the benefit of G. 0. Rt. No. 38, SW., dt. 25-1-2019 and its consequential orders issued by the 2nd respondent in Proc. RC. No. B3/ Suits /WP-23742-2018/2018, dated 28-3-2019 and Procgs. Rc. No. APTWRE-11060/5/2019-ADMIN-APTWREIS, Dt- 22.09.2021, to the petitioner herein, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. ANITHA MESA (SC FOR APREIS TW SW BC) 2. GP FOR SERVICES II The Court made the following: ORDER:- Heard Sri Srinivasa Rao Narra, learned counsel for the petitioner, Ms. Anitha Mesa, learned Standing Counsel for APREIS TW SW BC and learned Government Pleader for Services II. 2. It is contended that the petitioner was appointed as Attender on contract basis in Andhra Pradesh Tribal Welfare Residential School, 3 Yerragondapalem, during the academic year 2005-06. It is contended that since 2005, the petitioner’s services were continued on contractual basis without regularizing the service. The contention of the petitioner is that the factum of rendering the duties of an Attender for the last twenty (20) years, signifies that the nature of the duty is perennial. Having regard to the same, the petitioner’s services should have been regularized by the respondents. The Government vide G.O.Ms.No.116, dated 07.12.2016, granted revised pay scales for teaching and non-teaching staff of Andhra Pradesh Tribal Welfare Residential Schools. Thus, claims that the petitioner should be paid on par with regular Government Employees. 3. Learned counsel for the petitioner further argues that inaction on the part of the respondents in taking steps to appoint on regular basis should not disentitle the petitioner from claiming the regular wages payable to him, had the appointment been a regular appointment. Thus, placing reliance on the decision of the Hon’ble Apex Court in the case of State of Punjab and Others Vs. Jagjit Singh and Others1, and prays for grant of minimum time scale. He further relies on the orders of this Court in W.P.No.23794 of 2023 and W.P.No.12559 of 2025. 4. Having regard to the same, the writ petition is disposed of granting liberty to the petitioner to make a representation to the 2nd respondent for granting of minimum time scale with a period of ten (10) 1 2017 (1) SCC 148 4 days from the date of receipt of the order, annexing all the relevant documents. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:25.07.2025 ANI 5 145 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.38964 of 2022 Date:25.07.2025 ANI