APHC010458012021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITIONS TRANSFERED FROM APAT NOs: 1577, 1841 of 2021 and 61, 488, 667 & 852 of 2022 WRIT PETITION TRANSFERED FROM APAT NO: 1577 of 2021 Between: 1. B SURENDRA REDDY, S/O RAMACHANDRA REDDY RETIRED AS FULL TIME CONTINGENT EMPLOYEE UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE FR SEED AREA VALASAPALLI MADANAPALLI, CHITTOOR DISTRICT R/O BAZAR STREET VAYALPADU CHITTOOR DISTRICT 2. K.VENKATRAMANA REDDY, S/O NAGIREDDY RETIRED AS FULL TIME CONTINGENT EMPLOYEE NON FARM SECTOR VALASAPALLI MADANAPALLI CHITTOOR DISTRICT 3. K DEVA SIKHAMANI, S/O JEEVARAJU RETIRED AS FULL TIME CONTINGENT EMPLOYEE NON FARM SECTOR VALASAPALLI MADANAPALLI CHITTOOR DISTRICT R/O 5TH MAIL COLONY POTHABOLA VILLAGE MADANAPALLI CHITTOOR DISTRICT 4. G.RAMA MOORTHY, S/O BABIAH RETIRED AS FULL TIME CONTINGENT EMPLOYEE HIGH CAPACITY GRAINAGE MADANAPALLE CHITTOOR DISTRICT R/O H.NO.3-169/67 RAMARAO COLONY MAIN ROAD MADANAPALLI CHITTOOR p. 2 DISTRICT 5. M.P REDDENNA, S/O CHINNAPPA RETIRED AS FULL TIME CONTINGENT EMPLOYEE NON FARM SECTOR VALASAPALLI MADANAPALLI CHITTOOR DISTRICT R/O GANDLA PALLI, VANDADI POST CHINNAMANDAM VILLAGE PEDAMANDIAM MANDAL CHITTOOR DISTRICT 6. Y SUSELAMMA, W/O RAJAMANI RETIRED AS FULL TIME CONTINGENT EMPLOYEE NON FARM SECTOR VALASAPALLI MADANAPALLI CHITTOOR DISTRICT R/O D.NO.3-189-2-6 VIJAYANAGAR COLONY MADANAPALLI CHITTOOR DISTRICT 7. S.JAYAMMA, W/O ALEXANDER RETIRED AS FULL TIME CONTINGENT EMPLOYEE NON FARM SECTOR VALASAPALLI, MADANAPALLI CHITTOOR DISTRICT 8. P VALLI, S/O ASANKHAN RETIRED AS FULL TIME CONTINGENT EMPLOYEE HIGH CAPACITY GRAINAGE MADANAPALLI CHITTOOR DISTRICT R/O H.NO.15-1-72 SHIVAJI NAGAR CTM ROAD MADAPANAPPLI CHITTOOR DISTRICT 9. A VEERAPPA, S/O JAYARAMAIAH RETIRED AS FULL TIME CONTINGENT EMPLOYEE P3 BASIC SEED STATION HORSLEY HILLS DISTRICT R/O SRI RAMAKRISHNA ASHRAM C.T.M ROAD MADANEAPALLE, CHITTOOR DISTRICT 10. P.NARAYANA, S/O CHINNABBA RETIRED AS FULL TIME CONTINGENT EMPLOYEE NON FARM SECTOR VALASAPALLY, MADANAAPLLI CHITTOOR DISTRICT R/O H.NO.13-1-194 PEDDAKAPU VEEDHI TIRUPATHI CHITTOOR DISTRICT 11. P.SEETHANNA, S/O P BOJJANNA RETIRED AS FULL TIME CONTINGENT EMPLOYEE UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE MANDANAPALLI CHITTOOR DISTRICT R/O CENTRAL SCHOOL p. 3 BURAKAYALAKOTA MOLAKALACHERUVU MANDAL, CHITTOOR DISTRICT 12. V.VENKATA RAMANA, S/O LAKSHMANNA RETIRED AS FULL TIME CONTINGENT EMPLOYEE P3 BASIC SEED STATION HORSLEY HILLS, CHITTOOR DISTRICT R/O MOGASALA MARRI, BAYYAPPAGARI PALLI B.K.K. MANDAL CHITTOOR DISTRICT 13. V.SUBBA RAMAIAH, S/O SIDDAIAH RETIRED AS FULL TIME CONTINGENT EMPLOYEE HIGH CAPACITY GRAINAGE MADANAPALLI CHITTOOR DISTRICT R/O D.NO.18-36-5-5-560 SAPTAGIRI NAGAR TIRUPATHI CHITTOOR DISTRICT 14. D.KRISHNAMA NAIDU, S/O SUBBA NAIDU RETIRED AS FULL TIME CONTINGENT EMPLOYEE UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE MFTU GANGASAGARAM CHITTOOR DISTRICT R/O KAMMAGUTTAPALLI VILLAGE PUTALAPATTU MANDAL CHITTOOR DISTRICT 15. KHAJA MOHIDEEN, S/O IMAM SHEB RETIRED AS FULL TIME CONTINGENT EMPLOYEE UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE FR SEED AREA, VALASAPALLI, MADANAPALLI, CHITTOOR DISTRICT R/O H.NO.11-63 THOTA VEEDHI VALMKI PURAM POST AND MANDAL CHITTOOR DISTRICT 16. M.VENKATATRAMANA, S/O CHELLAPPA RETIRED AS FULL TIME CONTINGENT EMPLOYEE UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE MFTU GANGASAGARAM CHITTOOR DISTRICT R/O D.NO.6-416 SRINAGAR COLONY GUDIYATHAM RAOD PALAMANERU, CHITTOOR DISTRICT 17. K. GANESH REDDY, S/O, LATE K. VENKATRAMANA REDDY, AGED ABOUT 33 YEARS, PRIVATE EMPLOYEE, R/O. D.NO. 15-1-89E, SIVAJI NAGAR, CTM ROAD, MADANAPALLI, CHITTOOR DISTRICT. PETITIONER NO.17 BROUGHT ON RECORD AS LR TO THE DECEASED 2ND p. 4 PETITIONER, AS PER COURT ORDER DATED 27.02.2026 VIDE I.A.NO.1 OF 2025 IN WP (A.T.) NO.1577 OF 2021. 18. E. SIDDAMMA @ V.SIDDAMMA, W/O. LATE V.VENKATA RAMANA AGED ABOUT 60 YEARS, R/O. MOGASALA MARRI, BAYYAPPAGARI PALLI, B.K.K. MANDAL, CHITTOOR DISTRICT. PETITIONER NO.18 BROUGHT ON RECORD AS LR TO THE DECEASED 12TH PETITIONER, AS PER COURT ORDER DATED 27.02.2026 VIDE I.A.NO.2 OF 2025 IN WP (A.T.) NO.1577 OF 2021. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY AGRICULTURE AND COOPERATION DEPARTMENT SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT A.P 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE (HR.III ) DEPARTMENT SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT A.P 3. THE COMMISSIONER OF SERICULTURE, STATE OF ANDHRA PRADESH TTC BUILDING 1ST FLOOR OLD MARKET YARD CHITTU GUNTA NALLAPADU ROAD GUNTUR DISTRICT 4. THE JOINT DIRECTOR OF SERICULTURE, KONGAREDIPALLI, CHITTOOR DISTRICT CHITTOOR A.P 5. THE ASSISTANT DIRECTOR OF SERICULTURE, NON FORM SECTOR CTM ROAD INDUSTRIAL ESTATE MADANAPALLI, CHITTOOR DISTRICT 6. THE ASSISTANT DIRECTOR OF SERICULTURE, FR SEED MARKET 150 MILE VALASAPALLI, MADANAPALLI CHITTOR DISTRICT 7. THE ASSISTANT DIRECTOR OF SERICULTURE, HORRELEY p. 5 HILLS, BACK SEED FORM, P.3 STATION B.KOTHAKOTA MANDAL CHITTOOR DISTRICT 8. THE ASSISTANT DIRECTOR OF SERICULTURE, HORRELEY HILLS, CHITTOOR DISTRICT 9. THE ASSISTANT DIRECTOR OF SERICULTURE, MFTU GANGASAGARAM VILLAGE REDDIGUNTA POST CHITTOOR URBAN, CHITTOOR DISTRICT 10. THE ASSISTANT DIRECTOR OF SERICULTURE, NAKKALA DINNE, BANGALORE ROAD, MADANAPALLI CHITTOOR DISTRICT ...RESPONDENT(S): To declare the action of Respondents in not regularizing the services of the husband of the applicant and not paying the pension and other pensionary benefits to the applicants as illegal, arbitrary, contrary to law and set aside the impugned proceedings Rc.No.440/2018-b2 dated 22-03-2019 issued by the 3rd respondent and consequently direct the respondent to regularize the services of the applicants by following G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department dated 22- 04-1994 taking into consideration G.o.Ms.No.11 FINANCE (HR.III) DEPARTMENT dated 20-01-2017 and as per the ratio of judgment of the Hon'ble AP High Court in W.P No.5356 of 2012 dated 7-3-2012 W.P No.33936/2011 dt.2.5.2018 judgment of Hon'ble Supreme Court in CC.NO.19399/2012 dated 07-01-2013 in Collector/Chairman and Ors. Vs M.L Singh and Ors. Vs M.L Singh and Ors. Reported in 1998(2) ALT 5 2009(8) SCC 480 in Civil Appeal No. 6318 of 2014 and 17-08-2015 and the judgment of the Hon'ble Tribunal in O.A.NO.1740/2017 and batch dated 13-09-2017 IA NO: 1 OF 2021 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 to permit the applicants to file a common OA and they have paid individual court fee of Rs.50/- each IA NO: 2 OF 2021 p. 6 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 to permit the applicants to amend the cause title by substituting the following cause title in place of the existing title in OASR 361/2018. IA NO: 3 OF 2021 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 to suspend the impugned proceedings Rc.No.440/2018-B2, dated 22-3-2019 issued by the 3rd respondent and direct the Respondents to regularize the services of the applicants w.e.f. 25-11- 1993 and pay the applicants pension and other pensionary benefits by following G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department, dated 22-4-1994, taking into consideration G.O.Ms.No.11 Finance (HR.III) Department, dated 20-1-2017 and as per the ratio of judgment of the Honourable AP High Court in W.P.No.5356 of 2012 dated 7-3-2012, W.P.No.33936/2011, dated 2-5-2018, Judgments of Honourable Supreme Court in C.C.No.19399/2012 dated 7-1-2013, in Collector/Chairman and Ors. Vs ML Singh and Ors. Vs ML Singh and Ors. Reported in 1998(2) ALT 5 # 2009(8) SCC 480, in Civil Appeal No.6318 of 2014, dated 17-8- 2015 and the Judgment of the Honourable Tribunal in O.A.No.1740/2017 and batch dated 130-9-2017 IA NO: 4 OF 2021 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 to permit the applicants to add the above paras 1 -9 in this additional affidavit as paras n to v to the main OA 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 to permit me to come on record as Petitioner No.17 being the legal heir of the Writ Petitioner no 2 in W.P. (AT).NO.1577 OF 2021 IA NO: 2 OF 2025 p. 7 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 to permit the petitioner herein to come on record as Petitioner No. 18 being the legal heir of the Petitioner No. 12 in WP (AT) No. 1577 of 2021 in the interest of justice and pass Counsel for the Petitioner(S): 1. G VENKATA KRISHNAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES I WRIT PETITION TRANSFERED FROM APAT NO: 1841 of 2021 Between: 1. P RAMA KRISHNAIAH, S/O. P.GANGULAPPA GANGAIAH, AGED ABOUT 63 YEARS, RETIRED AS FULL TIME CONTINGENT EMPLOYEE, UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE, CHITTOOR, CHITTOOR DISTRICT. A.P. R/O. D.NO. 6-19,GANDLAPALLI VILLAGE, BODUMALLUVARIPALLI POST, PILER MANDAL,CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE (HR.III) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.A.P. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION (SERICULTURE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.A.P. p. 8 3. THE COMMISSIONER OF SERICULTURE, STATE OF ANDHRA PRADESH, TTC BUILDING, 1 ST FLOOR, OLD MARKET YARD, CHITTU GUNTA, NALLAPADU ROAD, GUNTUR, GUNTUR DISTRICT-522007. 4. THE JOINT DIRECTOR OF SERICULTURE, KONGAREDIPALLI, CHITTOOR DISTRICT. CHITTOOR. A.P. 5. THE ASSISTANT DIRECTOR OF SERICULTURE, GANGASAGARAM VILLEGE, REDDIGUNTA POST, CHITTO OR, CHITTOOR DISTRICT. A.P. ...RESPONDENT(S): to declare the action of the Respondents in not regularizing the services of the applicant and not paying the pension and other pensionary benefits to them as illegal, arbitrary, contrary to law and consequently direct the Respondents to regularize the services of the applicant w.e.f., 25-11-1993 and pay pension and other pensionary benefits by following 0.0. Ms. No.212 Finance and Planning(FW.PC.III) Department dated 22-4-1994, taking into consideration G.O. Ms. No.l1 FINANCE(HR.III) DEPARTMENT dated 20-1-2017 and as per the ratio of judgment of the Honourable AP High Court in W.P. No. 5356 of 2012 dated 7-3-2012, judgments of Honourable Supreme Court in CC No. 19399fi2012-.dated 7.1.2013, in Collector/ Chairman And Ors. Vs M.L. Singh And Ors. Reported in 1998 (2) ALT 5 2009(8) SCC 480, in Civil Appeal No.6318 of2014 dated 17-8-2015 and the Judgment of the Honourable Tribunal in 0.A.No.1740/20 17 and batch dated 13-9-2017 Counsel for the Petitioner: 1. G VENKATA KRISHNAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES I WRIT PETITION TRANSFERED FROM APAT NO: 61 of 2022 Between: p. 9 1. SMT B.MALLIKA, W/O. LATE B.LAKSHMI PRASAD. AGED ABOUT 49 YEARS, HOUSE WIFE. R/O. DOOR NO. 2-163, RAMALAYAM VEEDHI. TAHAMBALLAPALLE POST AND MANADAL,CHITTOOR DISTRICT. A.P. 2. N. LAKSHMI DEVI, W/O.LATE N.NARAYANA, AGED ABOUT 59 YEARS, HOUSE WIFE, R/O. MOGASALAMARRI, H/O. BAYYAPPAGARIPALLE VILLAGE, B.KOTHAKOTA MANDAL, CHITTOOR DISTRICT. A.P. 3. N.LEELAVATHAMMA, W/O. LATE. N. SESHADRI SHARMA, AGED ABOUT 59 YEARS, HOUSE WIFE, RIO. DOOR NO.1-45. MAIN BAZAR, MUDIVEDU VILLAGE AND POST. KURABALAKOTA MANDAL, CHITTOOR DISTRICT. A.P. 4. K. RAMALAKHMAMMA, W/O. LATE K. KRISHNAIAH, AGED ABOUT 56 YEARS, HOUSE WIFE. R/O. KOTHAGANDLAPALLI, H/O. K.BATAVARIPALLI. KALAKADA MANDAL, CHITTOOR DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. FINANCE (HR.III) DEPARTMENT. SECRETARIAT. VELAGAPUDI. AMARAVATHI. GUNTUR DISTRICT.A.P. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. AGRICULTURE AND COOPERATION (SERICULTURE) DEPARTMENT. SECRETARIAT. VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT.A.P. 3. THE COMMISSIONER OF SERICULTURE, STATE OF ANDHRA PRADESH, TTC BUILDING. LIST FLOOR, OLD MARKET YARD. CHITTU GUNTA, NALLAPADU ROAD. GUNTUR. GUNTUR DISTRICT-522007. 4. THE JOINT DIRECTOR OF SERICULTURE, KONGAREDIPALLI. Page 10 of 22 CHITTOOR DISTRICT. CHITTOOR. A.P. 5. THE ASSISTANT DIRECTOR OF SERICULTURE, NAKKALA DINEE, BANGALORE ROAD, MADANAPALLI. CHITTOOR DISTRICT, A.P. 6. THE ASSISTANT DIRECTOR OF SERICULTURE, HORSLEY HILLS, CHITTOOR DISTRICT. A.P. ...RESPONDENT(S): to declare the action of. the Respondents in not regularizing the services of the husbands of the applicants and not paying the pension. family pension and other pensionary benefits to the applicants which are due on account of the services of their deceased husbands as illegal, arbitrary. contrary to law and set aside the impugned proceedings Rc. No.80/2018-E-3 dated 22-11-2018 issued by the 4th respondent and consequently direct the Respondents to regularize the services of the deceased husbands of applicants w.e.1.. 2 5-1 1-1993 and pay pension, family pension and other pensionary benefits to the applicants by following G.O. Ms. No.212 Finance and Planning(FW.PC.III) Department dated 22-4-1994, taking into consideration G.O. Ms,. No.11 FlNANCE(HR.III) DEPARTMFNT dated 20-1-2017 and as per the ratio of judgment of the Honble AP High Court in W.P. No. 5356 of 2012 dated 7- 3-2012. judgments of Honble Supreme Court in CC No. 19399/2012 dated 7-1-2013, in Collector/ Chairman And Ors. Vs M.L. Singh And Ors. Reported in 1998 (2) Al.T 5 2009(8) SCC 480, in Civil Appeal No.6318 of 2014 dated 17-8-2015 and the Judgment of the Honble Tribunal in 0.A.No.1740/2017 and batch dated 13-9-2017 and 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 to permit the applicants to file a common OA and they have paid individual court fee of Rs.50/- each IA NO: 2 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 p. 11 be pleased to suspend the impugned proceedings Re. No.80/2018-E-3 dated 22-11-2018 issued by the 4111 respondent and direct the Respondents to regularize the services of the deceased husbands of the applicants w.e.f. 25-11-1993 and pay the applicants pension. family pension and other pensionary benefits which are due on account of the services of their deceased husbands. by following G.O. Ms. No.212 Finance and Planning(FW.PC.111) Department dated 22-4-1994. taking into consideration G.O. Ms. No.11 FlNANCE(HR.111) DEPARTMEN1 dated 20-1-2017 and as per the ratio of judgment of the Hon'ble AP High Court in W.P. No. 5356 of 2012 dated 7-3-2012, judgments of Hon'bie Supreme Court in CC No. 19399/2012 dated 7-1-2013. in Collector/ Chairman And Ors. Vs M.L. Singh And Ors. Reported in 1998 (2) ALT 5 # 2009(8) SCC 480. in Civil Appeal No.6318 of 2014 dated 17-8-2015 and the Judgment of the Hon'ble Tribunal in 0.A.No.1740/201.7 & batch dated 13-9-2017 and to pass IA NO: 3 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 to permit the applicants to add the above paras 1 - 9 in this additional affidavit as paras m) to u) to the main oa Counsel for the Petitioner(S): 1. G VENKATA KRISHNAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES I WRIT PETITION TRANSFERED FROM APAT NO: 488 of 2022 Between: 1. M RAMAPRASAD, S/O. M.LAKSHMINARAYANA AGED ABOUT 67 YEARS, RETIRED AS FULL TIME CONTINGENT EMPLOYEE/FORM WORKER. UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE, KALYANADURGAM, ANANTHAPURAMU DISTRICT.. A.P. R/O. p. 12 D.NO. 28-6-588,HOUSING BOARD, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, A.P. 2. R.HUSSAINPEERA, , S/O. R.MUSKIN SAB, AGED ABOUT 64 YEARS. RETIRED AS FULL TIME CONTINGENT EMPLOYEE FORM WORKER, UNDER THE CONTROL OF ASSISTANT DIRECTOR SERICULTURE, KALYANADURGAM, ANANTHAPURAMU DISTRICT.A.P. R/O. D.NO. 311 75/PILLIGUNDLA COLONY, KALYANADURGAM ROAD, ANANTHAPURAM, ANANTHAPURAMU DISTRICT. A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. FINANCE (HR.III) DEPARTMENT. SECRETARIAT. VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, A.P 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. AGRICULTURE AND COOPERATION (SERICULTURO) DEPARTMENT, SECRETARIAT. VCLAGAPUDI, AMARAVATHI GUNTUR DISTRICT .A.P. 3. THE COMMISSIONER OF SERICULTURE, STATE OF ANDHRA PRADESH. TTC BUILDING. 1ST FLOOR. OLD MARKET YARD. CHITTU GUNTA. NALLAPADU ROAD, GUNTUR. GUNTUR DISTRICT - 522007 4. THE JOINT DIRECTOR OF SERICULTURE, .KONGAREDDIPALLI. CHITTOOR DISTRICT, 5. THE ASSISTANT DIRECTOR OF SERICULTURE, , KALYANADURGAM, ANANTHAPURAM DISTRICT, A.P. 6. THE ASSISTANT DIRECTOR OF SERICULTURE, ANANTHAPURAMU, ANANTHAPURAM DISTRICT.A.P. ...RESPONDENT(S): p. 13 to declare the action of the Respondents in not regularizing the services of the applicants and not paying the pension and other pensionary benefits to them as illegal. arbitrary, contrary to law and consequently direct the Respondents to regularize the services or the applicants w.e.f. 25-11-1993 and pay pension and other pensionary benefits by folIowing G.O. Ms. No.212 Finance and Planning(FW.PC.III) Department dated 22-4-1994. taking into consideration G.O. Ms. No.11 FINANCE(HR.IlI) DEPARTMENT dated 20-1-2017 and as per the ratio of judgment of the Hon'ble AP High Court in W.P. No. 5356 of 2012 dated 7-3-2012, judgments of Hon'ble Supreme Court in CC No. 19399/2012 dated 7-1-2013. 111 Collector/ Chairman And Ors. Vs M.L. Singh And Ors. Reported in 1998 (2) ALT 5 2009(8) sec 480, in Civil Appeal No.6318 of 2014 dated 17-8-2015 and the Judgment of the Hon'ble Tribunal in O.A.No.1740/2017 and hatch dated 13-9-2017 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 to permit the applicants to file a common OA and they have paid individual court fee of Rs.50/- each and to pass. IA NO: 1 OF 2024 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 to grant leave to file the counter affidavit in WP filed by Sri P. Ram prasad and another one, Anathapur district in the interest of justice and may be pleased to pass Counsel for the Petitioner(S): 1. G VENKATA KRISHNAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES I WRIT PETITION TRANSFERED FROM APAT NO: 667 of 2022 Between: p. 14 1. S DASTHAGIRI, S/O. CHABU SAHEB. AGED ABOUT 63 YEARS. RETIRED AS FULL TIME CONTINGENT EMPLOYEE. SERICULTURE DEPARTMENT. UNDER THE CONTROL OF ASSISTANT DIRECTOR OF SERICULTURE. DHARMAVARAM. ANANTHAPURAMU DISTRICT. R/O. B.C. COLONY. KOTHACHERUVU VILLAGE AND MANDAL ANANTHAPURAMU DISTRICT. 2. J.VENKATESULU., S/O. MULTAPPA. AGED ABOUT 63 YEARS. RETIRED AS FULL TIME CONTINGENT EMPLOYEE. SERICULTURE DEPARTMENT. UNDER THE CONTROL OF ASST. DIRECTOR OF SERICULTURE. PENUGONDA. ANANTHAPURAMU DISTRICT. R/O.RODDAM VILLAGE AND MANDAL. ANANTHAPURAMU DISTRICT. 3. B. LAKSHAMANNA., S/O. B.THIMMAPPA. AGED ABOUT 69Y, RETIRED AS FULL TIME CONTINGENT EMPLOYEE. SERICULTURE DEPARTMENT. UNDER THE CONTROL OF ASST. DIRECTOR OF SERICULTURE. PENUGONDA. ANANTHAPURAMU DISTRICT., R/O. SOMANDEPALLI VILLAGE AND MANDAL ANANTHAPURAMU DISTRICT. 4. .M.APPANNA, S/O.NARAYANA AGED ABOUT 64 YEARS. RETIRED AS FULL TIME CONTINGENT EMPLOYEE. SERICULTURE DEPARTMENT. UNDER THE CONTROL OF ASST. DIRECTOR OF SERICULTURE. PENUGONDA. ANANTHAPURAMU DISTRICT. SRIRAMULAIAH COLONY. PENUGONDA VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT. 5. T.NAGALAKSHAMAMMA, W/O.LATE VEMANNA. AGED ABOUT 65 V EARS. REFIRED AS FULL TIME CONTINGENT EMPLOYEE, SERICULTURE DEPARTMENT. UNDER THE CONTROL OF DIRECTOR OF SERICULTURE. PENUGONDA, ANANTHAPUR DISTRICT. R/O.HARIPURAM. YERAMANCHI MANDAL. ANANTHAPUR DISTRICT. 6. B. RAVINDRAPPA,, S/O. B. NARAYANAPPA AGED ABOUT 63 YEARS, RETIRED AS FULL TIME CONTINGENT EMPLOYEE. p. 15 SERICULTURE DEPARTMENT. UNDER THE CONTROL OF ASST. DIRECTOR OF SERICULTURE. DHARMAVARATN. ANANTHAPURAMU DISTRICT. R/O. B.C. COLONY. KOTHACHERUVU VILLAGE AND MANDAL. ANANTHAPURAMU DISTRICT. 7. S.KASEEMPEERA, S/O. MATAN SAHEB. AGED ABOUT 68 YEARS. RETIRED AS FULL TIME CONTINGENT EMPLOYEE. SERICULTURE DEPARTMENT. UNDER THE CONTROL OF ASST. DIRECTOR OF SERICULTURE.DHARMAYARAM. ANANTHAPURAMU DISTRICT. R/O. NAREPALLY, KOTHACHERUVU VILLAGE MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. AGRICULTURE AND COOPERATION (SERICULTURE) DEPARTMENT, SECRETARIAT. VELAGAPUDI. AMARAVATHI. GUNTUR DISTRICT.A.P. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. FINANCE (HR.IL1) DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT.A.P. 3. THE COMMISSIONER OF SERICULTURE, STATE OF ANDHRA PRADESH. TTC BUILDING. IS' FLOOR. OLD MARKET YARD. CHITTU GUNTA. NALLAPADU ROAD. GUNTUR. GUNTUR DISTRICT-522007. 4. THE JOINT DIRECTOR OF SERICULTURE, ANANTHAPURAMU, NEAR DISTRICT COLLECTOR OFFICE, ANANTHAPURAMU DISTRICT, A.P. 5. THE ASSISTANT DIRECTOR OF SERICULTURE, DHARMAVARAM, ANANTHAPURAMU DISTRICT p. 16 6. THE ASSISTANT DIRECTOR OF SERICULTURE, PENUGONDA. ANANTHAPURAMU DISTRICT. ...RESPONDENT(S): pleased to declare the action of the Respondents in not regularizing the services of the applicants and not paying the pension and other pensionary benefits to the applicants as illegal, arbitrary. contrary to law and consequently direct the Respondents to regularize the services of the applicants w.e.f. 25-11-1993 and pay pension. and other pensionary benefits to the applicants by following G.O. Ms. No.212 Finance and Planning(P W.PC.111) Department dated 22-4-1994. taking into consideration G.O. Ms. No.11 FINANCI(HR.111) DEPARTMENT dated 20-1-2017 and as per the ratio of judgment of the Hon'ble AP High Court in W.P. No. 5356 of Court in CC No. 19399/2012 dated 7-1-2013. in Collector/ Chairman And Ors. Vs M.L. Singh And Ors. Reported in 1998 (2) ALT 5 2009(8) SCC 480. in Civil Appeal No.6318 of 2014 dated 17-8- 2015. and the Judgment of the Hon'ble Tribunal in 0.A.No.1740/2017 and batch dated 13-9-2017 and 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 Counsel for the Petitioner(S): 1. G VENKATA KRISHNAIAH Counsel for the Respondent(S): 1. WRIT PETITION TRANSFERED FROM APAT NO: 852/2022 Between: 1. P SAVITHRAMMA, W/O. LATE P. MALLIKARJUNA, AGED ABOUT 60 YEARS, HOUSE WIFE. RIO. DOOR NO. 1-109. YATAKAL VILLEGE. SETTUR MANDAL ANANTHAPURAMU p. 17 DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. FINANCE (HR.11I) DEPARTMENT, SECRETARIAT. VELAGAPUDI. AMARAVATHI. GUNTUR DISTRICT.A.P. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. AGRICULTURE AND COOPERATION (SERICULTURE) DEPARTMENT, SECRETARIAT. VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.A.P. 3. THE COMMISSIONER OF SERICULTURE, STATE OF ANDHRA PRADESH, TTC BUILDING. 1S1 FLOOR, OLD MARKET YARD. CHITTU GUNTA, NALLAPADU ROAD, GUNTUR, GUNTUR DISTRICT-522007. 4. THE JOINT DIRECTOR OF SERICULTURE, ANANTHAPURAMU, NEAR DISTRICT COLLECTOR OFFICE, ANANTHAPURAMU DISTRICT. A.P. 5. THE ASSISTANT DIRECTOR OF SERICULTURE, KALYANDURG. ANANTHAPURAMU DISTRICT. A.P. ...RESPONDENT(S): pleased to declare the action of the Respondents in not regularizing the services of the husband of the applicant and not paying the pension, family pension and other pensionary benefits to the applicant which are due on account of the services of her deceased husband as illegal. arbitrary, contrary to law and consequently direct the Respondents to regularize the services of the deceased husband of applicant w.e.f., 25-11-1993 and pay pension, family pension and other pensionary benefits to the applicant by following G.O. Ms. No.212 Finance and Planning.(FW.PC.III) Department dated 22-4-1994, taking into consideration G.O. Ms. No.11 FINANCE(HRIII) DEPARTMENT dated 20-1-2017 and as per the ratio of judgment of the Hon'ble AP. High p. 18 Court in W.P. No. 5356 of 2012 dated 7-3-2012. judgments of Hon'ble Supreme Court in CC No. 19399/2012 dated 7-1-2013. in Collector/ Chairman And Ors. Vs M.L. Singh And Ors. Reported in 1998 (2) ALT 5 14 2009(8) SCC 480. in Civil Appeal No.6318 of 2014 dated 17-8-2015 and the .Judgment of the Hon.ble Tribunal in 0.A.No.1740/20 1 7 and batch dated 13-9-2017 and pass Counsel for the Petitioner: 1. G VENKATA KRISHNAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: COMMON ORDER Since the issue involved in these writ petitions is similar, these writ petitions are being heard together and are disposed of by way of this common order. 2. Heard Sri G.V.Krishaiah, learned counsel for the petitioners and R.S..Manidhar Pingali, learned Assistant Government Pleader for Services-I and Sri Nookapathi Rao, learned Assistant Government Pleader for Services-II, for the respondents. 3. a) The petitioners, husband of the petitioner in W.P. (AT) No.61 of 2022 and husband of the petitioner in W.P. (AT) No.852 of 2022, were appointed as Full Time Contingent employees on consolidated pay in the Sericulture Department on different dates prior to G.O.Ms.No.212 Finance and Planning (FW.PC.III), Department, dated 22.04.1994. As per the G.O.Ms.No.212, the employees who completed 5 years of p. 19 continuous service as on the date of 25.11.1993, are entitled to regularization of their services. However, the petitioners’ services were not regularized. The petitioners filed the aforementioned O.As on the file of the Andhra Pradesh Administrative Tribunal. After the abolition of the tribunal, the said O.As were transferred to this Court and renumbered as aforesaid. 4. Pending the writ petition, the 2nd and 12th petitioners died, and their legal representatives were brought on record as petitioners 17 and 18, respectively. 5. A counter affidavit was filed on behalf of the respondents 3 to 10, and it was contended, inter alia, that all the petitioners were discontinued from work on completion of 60 years, except the 16th petitioner, and the 16th petitioner absconded from work on 22.10.2015. The petitioners have not fulfilled condition No.5 of the G.O.Ms.No.212 dated 22.4.1994. The Government took a policy decision to regularize the services of working- eligible Full Time Contingent employees and regularized the services of 726 employees with effect from 20.01.2017. Thereafter, G.O.Ms.No.11 Finance (HR-III) Department dated 20.01.2017 was issued creating supernumerary posts. The petitioners who were discontinued from work are not eligible for any pensionary benefits. 6. Learned counsel for the petitioner would submit that similarly placed employees on par with the petitioners filed W.P.Nos.4289 and 4290 of 2020. Both the writ petitions were disposed of on 28.02.2020. In W.P.No.4289 of 2020, a learned single Judge of this Court allowed the writ petition by order dated 28.02.2020. While rejecting the plea of the learned Government Pleader vis-à-vis G.O.Ms.No.11 dated 20.01.2017, the learned single judge observed as follows: p. 20 “4. In this case also, the petitioners retired employees and in view of the said judgment, there shall a direction to the respondents to consider the case of the petitioners as having been regularized with effect from 25.11.1993 and calculate the pension and pensionary benefits on the said basis.” 7. While disposing of the writ petition, the learned single judge, as seen from the order, relied upon Government of A.P.Vs N.Venkaiah1. 8. Assailing the order dated 28.02.2020 in W.P.No.4290 of 2020, the State preferred an intra-Court appeal W.A.No.483 of 2021. On 05.08.2021, the Division Bench of this Court disposed of the said appeal, modifying the order of the learned single, and the operative portion of the order reads thus: 11. In the attending facts and circumstances, it has to be accepted that the Writ Petitioners had fulfilled the conditions as enumerated in G.O.Ms.No.212 and the same was fortified by the letter dated 23.06.2020. In the aforesaid circumstances, delay may not be a vitiating factor for the entertainment of the writ petition as it is evident that the writ petitioners continued to discharge their duties as full-time contingent employees till attaining the age of 60 years. “12. We are of the considered opinion that ends of justice will be sub-served in the present case by moulding the relief by providing that though the writ petitioners would be deemed to have been regularized from the cut-off date i.e., 25.11.1993 for the purpose of fixation of pension and pensionary benefits, pension will be made available to them only from the date of filing of the writ petition i.e., from 19.02.2020.” 1 2018 (4) ALD 590 DB p. 21 9. The SLP (C) No.017064 of 2021 filed against the order was dismissed on 23.07.2024. 10. Thus, learned counsel for the petitioners would submit that the petitioners are entitled to the pension and pensionary benefits from the date of filing of the O.A. 11. The learned Assistant Government Pleader would fairly submit that the issue involved in the writ petition is covered by the order in W.A.No.483 of 2021 dated 05.08.2021. 12. This Court perused the order passed by the Division Bench of this Court in the intra-court appeal W.A.No.483 of 2021 dated 05.08.2021. In fact, the order passed by the Division Bench binds this Court. The issue involved in W.A.No.483 of 2021, and the issues involved in the above writ petitions are similar. 13. Given the facts and circumstances of the case, these Writ Petitions stand allowed. No order as to costs. Though the petitioners/employees are deemed to have regularized from the cut-off date 25.11.1993 for fixation of pension and pensionary benefits, the pension will be made available to them only from the date of filing of the writ petitions (O.As.), as mentioned below: i) Date of filing of O.A.No.422 of 2018 [W.P. (AT) No.1577 of 2021], is on 07.02.2018. ii) Date of filing of O.A.No.1164 of 2018 [W.P. (AT) No.1841 of 2021], is on 19.06.2018. iii) Date of filing of O.A.No.2225 of 2018 [W.P. (AT) No.61 of 2022], is on 31.08.2018. p. 22 iv) Date of filing of O.A.No.272 of 2019 [W.P. (AT) No.488 of 2022], is on 26.02.2019. v) Date of filing of O.A.No.634 of 2019 [W.P. (AT) No.667 of 2022], is on 23.04.2019. vi) Date of filing of O.A.No.813 of 2019 [W.P. (AT) No.852 of 2022], is on 16.05.2019. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD