Extracted from the PDF above. The PDF is authoritative.
APHC010078762025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3509] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4516/2025 Between: Kishore Kumar Sahu ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S):
1. GP FOR SERVICES IV The Court made the following:
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4516/2025
ORDER:- (per Hon’ble Sri Justice Ravi Nath Tilhari)
Heard Ms.G.Manasa, learned counsel representing Sri Pamarthi Kameswara Rao, learned counsel for the petitioner and learned Government Pleader for Services.
2. This petition has been filed for direction to the respondents to implement the order dated 27.11.2001 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in OA.No.8540 of 2001.
3. The said OA was filed by the petitioner and was disposed of in the following terms:
“In the facts and circumstances present herein it cannot be said that the applicant’s case is not covered by G.O.Ms.No.212 dated 22.04.1994. Therefore, the respondents are directed to examine the case of the applicant for regularization of his service strictly in terms of G.O.Ms.No.212 dated 22.04.1994 r/w. the judgment of High Court in WA.No.374 of 2001 and batch dated 27.04.2001 (Secretary, APSWREIS vs. P.Venkat Kumari reported in 2001(3) ALT 366), along with others eligible based on their seniority subject to existence of clear vacancies and taking into consideration the recommendation of the 3rd respondent in his letter dated 17.11.1998 and pass appropriate orders within four months from the date of receipt of a copy of this order. The OA is accordingly disposed of with the above directions.”
4. The petitioner’s case is that the Government issued memo dated 17.07.2007 seeking for the information/report from the Commissioner, Greater Visakhapatnam Municipal Corporation and another memo to the same effect
was also issued on 07.07.2009 and on 09.03.2020 to furnish the information and for further action. The petitioner also submitted the representations dated 11.12.2013 & 22.06.2015.
5. The petitioner was granted minimum time scale with 310 employees without HRA and CCA. Subsequently, all the 310 employees were regularized giving HRA and CCA. However, the case of the petitioner for regularization of his service was not considered which remained pending.
6.
Learned counsel for the petitioner submits that the petitioner has retired from service on 31.05.2020 on attaining the age of superannuation.
7. The order of the Tribunal was passed on 27.11.2001. The petitioner is approaching this Court after almost 24 years for implementation. He has also retired from service long back on 31.05.2020. The petitioner has also not explained the laches in approaching so belatedly to this Court. The only explanation offered is that he made representations on 28.12.2021 and
06.01.2023. When the petitioner’s services were not regularized, whereas the services of other 310 employees were regularized or even thereafter, 19 employees were further regularized in 2010, as is stated in para-7 of the writ petition, the petitioner should have taken the legal recourse immediately. But, nothing has been stated as to why the petitioner did not approach timely. He retired in 2020 and since then also almost five years to expire. The petitioner slep over his rights, and appears to be satisfied with the grant of minimum of
the time scale on consideration of his case pursuant to the order of the Tribunal dated 27.11.2001.
8. For the aforesaid reasons, we are not inclined to entertain the writ petition.
9. The Writ Petition is dismissed at the admission stage.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ___________________ RAVI NATH TILHARI,J
_____________________ CHALLA GUNARANJAN,J Dated:25.02.2025 AG
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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 4516/2025
Dated:25.02.2025 AG