THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21978 OF 2014 Between:-
Bezawada Sreeramulu.
…Petitioner And The Commissioner/Ex-Officio Secretary to Government of A.P., Consumer Affairs, Food and Civil Supplies, (CS-1) Department, Government of A.P., Secretariat, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21978 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies (TG), appearing for the respondents.
This writ petition is filed seeking to issue a writ of mandamus, declaring the action of the respondents in not regularizing the services of the petitioner in his cadre, where he is working since more than 24 years in the 2nd respondent Corporation, as illegal, arbitrary, unreasonable, violative of principles of natural justice and Article 14 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioner in second respondent Corporation in his cadre where he is working against the sanctioned posts.
The petitioner is working as Grade-III in second respondent Corporation on daily wage basis. According to him, initially he was appointed on 1-5-1991 and since then he has been working in the respondent corporation without any break. He rendered more than 24 years service and his case was not considered for regularization on par with others as on 25-11-1993 as per G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated 22-4-1994 on the ground that the petitioner has not put up five years service without any break. The version of the petitioner is that he rendered service for more than 24 years without any break and therefore, he is entitled for regularization.
This Court in W.P.No.25591 of 2010 directed the respondents therein to regularize the services of the petitioner without taking into consideration the artificial break imposed on the petitioner for every 89 days. The learned Single Judge of this Court rendered the decision basing on some other judgments rendered with regard to the workmen who are similarly placed. The issue involved in the present writ petition is squarely covered by the judgment in W.P.No.25591 of 2010.
Therefore, the respondents are directed to consider the case of the petitioner for regularization on par with others as on 25-11-1993 as per G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department dated 22-4-1994, within a period of six weeks from the date of receipt of a copy of this order.
Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 06-08-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21978 OF 2014 Date: 06-08-2014 Shr.