Between:-
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23359 OF 2014 S.Rambabu. And …Petitioner The Government of AP rep.by its Principal Secretary (Housing), Secretariat, Hyderabad and another.
…Respondents.
O R D E R:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23359 OF 2014 Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Housing and Sri T.Sudhakar Reddy, Standing Counsel for A.P. State Housing Corporation Limited.
This Writ petition is filed seeking a Writ of Mandamus to direct the respondents to regularize the services of the petitioner as Work Inspector (Technical) with effect from 13.11.1991 with all consequential benefits, such as promotion etc., by condoning the break in service.
Petitioner was appointed as Technical Work Inspector in APSHCL Ltd., East Godavari District on NMR basis on 03.12.1986. He worked till 30-6-1987 and his services were disengaged on 1-7-1987. He was again taken to duty from 1-2- 1990 and since then he has been working in the Corporation and his services were regularized in the year 2006 as per proceedings dt.09.08.2006 under the provisions of G.O.Ms.No.138, dt.08.05.2006. It is further submitted by the petitioner that the Government issued G.O.Ms.No.182, Housing (RH) Department, dt.13.11.1991 to regularize the services of Work Inspectors and Assistant Engineers who were in service as on the said date. Therefore, the petitioner claims that his services are entitled to be regularized as per the aforesaid G.O. by taking the length of service from the date of his initial appointment and treating the period of break in service as continuous service but his case was not considered for regularization.
The learned counsel for the petitioner mentioned several instances wherein the services of several employees, similarly situated, have been regularized. Thus, the petitioner questioned the selective approach of the respondents in the matter of regularization of the services of some Work Inspectors, leaving some Work Inspectors who are similarly situated like the petitioner herein.
In Writ Petition Nos.4978 of 2010 and 1040 of 2012, learned Single Judge of this Court dealing with identical issue directed the State Government to immediately take up the issue and reconsider the claims and cases of the petitioners in the said writ petitions and also other similarly placed Work Inspectors either Technical or Non-Technical, who suffered a similar or identical break in service and pass orders of regularization of their services duly condoning the break period as was done by them earlier through G.O.Rt.No.9, dt.18.01.2010 and G.O.Rt.No.114, dt.04.05.2010. The learned Single Judge further held that the monetary relief is conferred with prospective effect in those cases.
After the aforesaid judgment, the Government of Andhra Pradesh passed G.O.Rt.No.260, Housing (U & IAY) Department, dt.25.11.2013 regularizing the services of the petitioners in the said writ petitions and some other employees who were similarly placed. In view of the aforesaid judgment and in view of the G.O.Rt.No.260, dt.25.11.2013, the petitioner is entitled for regularization as claimed by him in the writ petition.
Therefore, the respondents are directed to regularize the services of the petitioner as Work Inspector (Technical) with effect from 13.11.1991 duly condoning the break in service, with all consequential benefits.
Accordingly, the Writ Petition is allowed. There shall be no order as to costs.
Consequently, miscellaneous petitions pending if any shall stand closed.
R.KANTHA RAO, J Date: 14-08-2014.
Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.23359 OF 2014 Date: 14-08-2014 Shr.