1 APHC010051512023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2685/2023 Between: 1. BODDAPATI KOTESWARA RAO, S/O SURYANARAYANA, AGED ABOUT 61 YEARS, OCC CONTINGENT EMPLOYEE, H. NO. 21-157, P S PETA, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITSPRINCIPAL SECRETARY, PANCHAYAT RAJ 86 RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, , (PANCHAYAT RAJ) VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4. THE DISTRICT PANCHAYAT OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, 2 TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 5. THE CHODAVARAM GRAMA PANCHAYAT, , REP. BY ITS SECRETARY, CHODAVARAM, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. P MALLIKHARJUNA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.2685 of 2023 ORDER: This writ petition is filed declaring the memo dated 28.10.2021 issued by the 1st respondent, as illegal, arbitrary and contrary to the record and consequently, direct the respondents to implement G.O.Ms.No.212, dated 22.04.1994, by extending the benefit of minimum time scale and regularize the services of the petitioner. 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 3. The petitioner passed intermediate education and completed I.T.I. and based on the application he was selected as a fitter on contingent basis in the 5th respondent-Gram Panchayat on daily wage of Rs.10/- vide Resolution No.234, dated 25.03.1986 and joined as a fitter on 01.11.1986 and worked till 31.03.1987. Thereafter, the District Panchayat Officer issued proceedings by fixing monthly salary of Rs.740/- vide proceedings dated 18.01.1989 and worked till 1993 and subsequently, the monthly salary has been enhanced to Rs.1,375/- and after 4 attaining the age of superannuation on 31.01.2021, considering the services of the petitioner, the 2nd respondent has forwarded the proposals to the 1st respondent on 15.06.2021 with the following observations: “In view of the above, the report of the District Panchayat Officer is submitted herewith and request the Government to issue necessary orders for regularization of services of Sri B.Koteswara Rao, Fitter, Chodavaram Gram Panchayat, Visakhapatnam District, retired from service on 31.01.2021, w.e. from 22.12.2004, as recommended by the District Panchayat Officer, Visakhapatnam and issue necessary orders at an early date.” 4. In spite of sending the said proposals, the 1st respondent has rejected the case of the petitioner vide impugned memo dated 28.10.2021 on the ground that there is no provision for regulation of the retired NMR under G.O.Ms.No.212, Finance (PC.III) Department, dated 22.04.1994, which is contrary to the record. The conditions stipulated in G.O.Ms.No.212 state that only those persons who worked continuously for a minimum period of five years and who were continuing on 25.11.1993 be regularized by the appointing authorities, subject to fulfillment of the conditions. The conditions are that the persons appointed 5 should possess the qualification prescribed as per rules in force as on the date of regularization and they should be within the age limits as on the date of appointment as NMR. As per the above said conditions, the petitioner has fulfilled the required qualifications as well as five years of service and there is no dispute with regard to his working as on the cut-off date. Hence, the respondents ought to have considered the case of the petitioner under G.O.Ms.No.212, as recommended by the 2nd respondent. However, the respondents cannot reject the claim of the petitioner only on the ground that he has retired from the service. G.O.Ms.No.212 was issued on 22.04.1994. As on the date of issuance of the said G.O., the petitioner was fully qualified and eligible. Therefore, the respondents ought not to have rejected the claim of the petitioner. Further, the learned counsel for the petitioner has relied on the judgment of the Hon’ble Apex Court in Dharam Singh v. State of U.P.1, wherein the Hon’ble Apex Court has observed as follows: “19. Having regard to the long, undisputed service of the appellants, the admitted perennial nature of their duties, and the material indicating vacancies and comparator regularisations, we issue the following directions: 1 AIR 2025 SC 3897 6 i. Regularization and creation of Supernumerary posts: All appellants shall stand regularized with effect from 24.04.2002, the date on which the High Court directed a fresh recommendation by the Commission and a fresh decision by the State on sanctioning posts for the appellants. For this purpose, the State and the successor establishment (U.P. Education Services Selection Commission) shall create supernumerary posts in the corresponding cadres, Class-III (Driver or equivalent) and Class-IV (Peon/Attendant/Guard or equivalent) without any caveats or preconditions. On regularization, each appellant shall be placed at not less than the minimum of the regular pay-scale for the post, with protection of last-drawn wages if higher and the appellants shall be entitled to the subsequent increments in the pay scale as per the pay grade. For seniority and promotion, service shall count from the date of regularization as given above. ii. Financial consequences and arrears: Each appellant shall be paid as arrears the full difference between (a) the pay and admissible allowances at the minimum of the regular pay-level for the post from time to time, and (b) the amounts actually paid, for the period from 24.04.2002 until the date of regularization /retirement/death, as the case may be. Amounts already paid under previous interim directions shall be so adjusted. The net arrears shall be released within three months and if in default, the unpaid amount shall carry compound interest at 6% per annum from the date of default until payment. 7 iii. Retired appellants: Any appellant who has already retired shall be granted regularization with effect from 24.04.2002 until the date of superannuation for pay fixation, arrears under clause (ii), and recalculation of pension, gratuity and other terminal dues. The revised pension and terminal dues shall be paid within three months of this Judgement. iv. Deceased appellants: In the case of Appellant No. 5 and any other appellant who has died during pendency, his/her legal representatives on record shall be paid the arrears under clause (ii) up to the date of death, together with all terminal/retiral dues recalculated consistently with clause (i), within three months of this Judgment. v. Compliance affidavit: The Principal Secretary, Higher Education Department, Government of Uttar Pradesh, or the Secretary of the U.P. Education Services Selection Commission or the prevalent competent authority, shall file an affidavit of compliance before this Court within four months of this Judgment.” 5. On perusal of the above directions, the Hon’ble Apex Court has taken into consideration the entire undisputed service of the appellants therein, the nature of their duties and the material indicating vacancies. In paragraph No.19(iii), the Hon’ble Apex Court has considered and directed for regularization of the retired employees also. 8 6. In the said circumstances, in the instant case, the petitioner was appointed in 1986 and worked till 31.01.2021. Hence, once he fulfilled the conditions stipulated in G.O.Ms.No.212, his case ought to have been considered by the respondents in terms of G.O.Ms.No.212 and the same cannot be rejected merely on the ground that there is no provision for regularization of retired employees. If the authorities have considered the case of the petitioner in terms of G.O.Ms.No.212, at the relevant point of time, the question of retirement of the petitioner would not arise. The respondents ought to have considered the case of the petitioner only as per the conditions stipulated in G.O.Ms.No.212, namely, whether the petitioner possessed the requisite qualifications and whether he had completed five years of service as on 25.11.1993. Since these two conditions have been fulfilled, the respondents ought to have considered the case of the petitioner. 7. Considering the observations made by the Hon’ble Apex Court and on perusal of the record, the impugned memo dated 28.10.2021 is set aside and the matter is remanded to the 1st respondent. If the petitioner fulfills the conditions stipulated in G.O.Ms.No.212, dated 22.04.1994, the 1st respondent shall 9 consider his case for regularization. The said exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 25.02.2026 Ivd 10 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.2685 of 2023 Dated: 25.02.2026 Ivd