APHC010929272018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 44915/2018 Between: 1. T.JAYARAMAIAH, S/O.T.BUSHAIAH, AGED ABOUT 54 YEARS, OCC. JUNIOR ASSISTANT, O/O.NARAYANAVANAM GRAMPANCHAYAT, CHITTOOR DISTRICT. 2. P.RAMESH BABU, S/O.LATE BANGARU NAIDU, AGED ABOUT 48 YEARS, OCC. BILL COLLECTOR, B.C. CHANDRAGIRI GRAMPANCHAYAT, TIRUPATI DIVISION, CHITTOOR DISTRICT, R/O.D.NO.1-49/5A, SVT COLONY, TIRUCHUNUR, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 5. THE DISTRICT PANCHAYAT OFFICER DPO, CHITTOOR DISTRICT AT CHITTOOR. ...RESPONDENT(S): 2 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 to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the order dated 23.10.2018 passed in MA.No.876 of 2018 in OA.SR.No.4307 of 2018 by the Honorable Andhra Pradesh Administrative Tribunal at Hyderabad illegal violate the principal of natural justice and to declare the inaction of the respondents in regularizing services of the petitioners with effect from 25.11.1993 and not considering the case of the petitioners for regularization of services with effect from 25.11.1993 as per G.O.Ms.no.212 dated 22.4.1994 for the purpose of seniority, pension, increments with all consequential benefits as per the orders passed in OA.No.5239 of 2011, dated 27.6.2011 and consequently to set-aside the order dated 23.10.2018 passed in MA.No.876 of 2018 in OA.SR.No.4307 of 2018 and to pass IA NO: 1 OF 2018 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 direct the respondents to consider the case of the petitioners for regularization of services with effect from 25.11.1993 as per G.O.Ms.no.212 dated 22.4.1994 for the purpose of seniority, pension, increments with all consequential benefits as per the orders passed in OA.No.5239 of 2011, dated 27.6.2011, pending disposal of the above writ petition and pass IA NO: 1 OF 2023 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 grant leave to file counter affidavit in W.P.No. 44915 of 2018 in the above petition and pass Counsel for the Petitioner(S): 1. KRISHNA RAO MODHALAVALASA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING (AP) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 44915 of 2018 ORDER:(Per Hon’ble Sri Justice Battu Devanand) This writ petition is filed against the order dated 23.10.2018 passed in M.A.No.876 of 2018 in O.A.SR.No.4307 of 2018 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad. 2. The writ petitioners approached the Andhra Pradesh Administrative Tribunal seeking to declare the inaction of the respondents therein in regularizing their serviceswith effect from 25.11.1993 as illegal, arbitrary, unjust and in violation of Articles 14 & 21 of the Constitution of India and for the consequential direction to the respondents therein to consider their claims for regularization of services with effect from 25.11.1993 as per G.O.Ms.No.212, dated 22.04.1994, for the purpose of seniority, pension, increments and with all consequential benefits as per the order dated 27.06.2011 passed by the Tribunal in O.A.No.5239 of 2011, as confirmed by the Hon’ble High Court and also the Apex Court in its order dated 17.01.2013. The said O.A. was rejected by the Administrative Tribunal at S.R stage with the following order as extracted herein: “M.A.No.876/2018 in O.A.S.R.No.4307/2018 The Original Application is hopelessly barred by time since the applicants’ services were regularized by G.O.Ms.No.333, dated 23.09.2011. No Miscellaneous Application is filed to condone the delay in spite of pointing out the said defect to the applicants’ counsel. 4 2. Hence, this Miscellaneous Application as well as OASR are rejected.” 3. Heard learned counsel for the petitioners and the learned Government Pleader for the Services-I and perused the material available on record. 4. It is an admitted fact that the petitionerNo.1 appointed as Junior Assistant-cum-Bill Collector through proceedings in Rc.No.2/88, dated 01.04.1988 in the office of the respondent No.5. The petitioner No.2 appointed as Pump Operator-cum-Watchman vide proceedings No.5/87, dated 01.05.1988. Since then they are working in the same office. Subsequently, their services were regularized vide G.O.Ms.No.333, dated 23.09.2011 along with other 23 persons, who are working in the office of the respondent No.5 in terms of G.O.Ms.No.212, Fin (PC.III) Department, dated 22.04.1994. Though the services of the petitioners were regularized as per G.O.Ms.No.333, dated 23.09.2011, their grievance is that the regularization of services of the petitioners in terms of G.O.Ms.No.212 is granted prospectively instead of granting regularization retrospectively. The Administrative Tribunal taking note of the delay in approaching against that G.O.Ms.No.333 rejected to entertain the original application. Admittedly, the Tribunal did not consider the matter on merits. 5. During the course of hearing of this case, learned counsel for the petitioners has drawn the attention of this Court to the order dated 08.09.2022 passed by this Court in W.P.No.22489 of 2020 and would submit that the case of the petitioners is squarely covered by the said order. 5 6. On perusal of the order in W.P.No.22489 of 2020, it appears that two (02) persons whose names are also included in G.O.Ms.No.333, Panchayat Raj and Rural Development (Estt.IV) Department, dated 23.09.2011 and who worked as Office Subordinate and Bill Collector in the office of the respondent No.5 has filed the said writ petition, challenging the action of the respondents therein in regularizing their services prospectively instead of retrospectively from the date of completion of five (05) years of their services as on the cut-off date mentioned in G.O.Ms.No.212. 7. The learned Single Judge of this Court disposed the said writ petition and directed as extracted herein under: “9. On enunciation of the law and on considering the catena of decisions filed by the learned counsel for the petitioners, it indicates that the services of the incumbent was reckoned from the date of completion of five (5) years in service, for the purposes of their pension and pensionary benefits. Moreover, the decisions relied upon by the learned Assistant Government Pleader are not applicable to the present facts and circumstances of the case as it was held that the continuance in service for long period on part-time or temporary basis confers no right to seek regularization of service retrospectively and it does not relate to the issue raised in the present Writ Petition. 10. Hence, considering the submissions made by both the learned counsel, this Court is inclined to dispose of the Writ Petition by directing the respondents to regularize the service of the petitioners’ retrospectively i.e., on completion of five years from the date of appointment, for the purpose of claiming their pension and pensionary benefits. It is however made clear that the petitioners are not entitled to actual monetary benefits for the said period in the form of arrears of pay.” 8. As seen from the above order, it is clear that the said writ petition was disposed of directing the respondents therein to regularize the service of the 6 petitioners retrospectively i.e., on completion of five(05) years from the date of appointment, for the purpose of allowing pension and pensionary benefits. The said order had attained finality and it was implemented by respondents. 9. Having considered the facts and circumstances of the case, in the light of the order dated 08.09.2022 passed in W.P.No.22489 of 2020, wherein the similarly situated persons granted benefit of regularization retrospectively from the date on which they have completed five (05) years of service in terms of G.O.Ms.No.212, in our considered view, the petitioners are also entitled for the same benefit on par with the petitioners therein, who are similarly situated persons like the petitioners. The respondents have to regularize the services of the petitioners with effect from the date where they have completed five (05) years of service as on cut-off date mentioned in G.O.Ms.No.212. But while issuing G.O.Ms.No.333, dated 23.09.2011, their services are regularized from the date of issue of the said order, which is contrary to the terms and conditions mentioned by the Government in G.O.Ms.No.212 to regularize the services of the petitioners. Accordingly, it has to be held that the petitioners are entitled for the regularization with effect from date on which they have completed five (05) years’ service in terms of G.O.Ms.No.212. 10. Accordingly, this Writ Petition is allowed, with a direction to the respondents to extend the benefit of regularization of the services of the petitioners retrospectively with effect from the date of completion of five (05) years of service in terms of G.O.Ms.No.212 and pass all other consequential benefits. 7 11. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:23.02.2026 SA 8 158 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No.44915 of 2018 Dt.23.02.2026 SA