High Court · 2025

18.Adla Narsi Fleddy, S/o. Padma Reddy, aged 48 years, Occ- Field Worker, 0/o' Senior Entamal5gist, Urban Malarii SCheme, Nalgonda, T elangana .State' Rep. by he,r widiow /wife Smt.Adla Renuka. Rio H.No.1-47, Buddaram, Nalgonda Mandal and District. ,..PETITIONERS AND 1 The State of Telangana, rep. by its Principal Secretary, Heralth lvledical and Family Welfare (F'1 ) Department, Telangana Secretariat, Hyderrabad The Director of Public Health and Family Welfare, Government of Telangana, Koti, Hyderabad The State o1'Telangana, rep. by its Principal Secretary, Finance and Planning Department Telangana Secretariat, Hyderabad. The District l\,4edical and Health Officer, Nalgonda, Telangana State. The District lr/edical and Health Officer, Suryapet, Telangana Stale. 2 3 4 6 The District Medical and Health Officer, Yadadri Bhongiri, Tel,angana State. ,..RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly r:ne in tl-re nature of Writ of [t4andamus to rjeclare the action of the respondents in not crrunting the past temporary servict: rendered by the Petitioner in the contingent establishment from the date of his inltial appointment to till the date of rr:gularization for commencement ,:f qualifying service as per G.O.lVs.No.15(ri, Finance and Planning (FW.PEt{.1) Department, dated 29-04-1983, for the purpose to sanction of pension based on the judgment of the Honble Supreme Court in the case of Prem Singh Vs. Sltate of Uttar Pradesh and others in Civil Appeal No. 6798 of 20'19 and batch dl. 02-09-2019, and the same was reported in (2020) I SCC (L & S) 1 and (2019) 10 SCC 516, and in the case of Habib Khan Verses State of Uttarakhand and others in Civil Appeal No.'10806 ot 2017 and batch dt.23-08- 2017, which was reported in (2020) 1 SCC (L & S) 28, (2019) 10 SCC 542, and in Review Petition ( C ) No. I of 2018, dt. 16-01-2018, in Civil Appeal No. 10806 of 2017, in the case of State of Uttarakhand and others Vs. Habib Khan and others and the same was reported in (2020) 1 SCC (L & S) 31 (1), (2019) 10 SCC 545 and basing on the Division Bench Judgements of this Honble Court in W.P. No. 8201 of 2016, d1.17-O3-2016, and the Division Bench orders of the Honble A.P. High Court in WP No. 1425 of 2019, dt. '15-10-20'19, and the orders of this Honble Court in WP No.'l 7700 of 2016, dt.20-06-2017, as highly illegal, arbitrary, unjust, unco nstitutio n a I against the principles of natural justice , equity and fair play and prays to direct the respondents herein to count the pre- absorption service of Petitioner herein in temporary capacity in the contingent category for the purpose of commencement of qualifying service for sanction of pension and other benefits and also gratuity as per the orders of the Honble High Court of Allahabad in the case of Smt. Krishna Bembi Vs. Appellate authority dt. 25-05-2015, to the Petitioners herein. lA 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 direct the respondents herein to consider the case of the Petitioner, to count the pre-absorption service of the Petitioner on temporary capacity for commencement of qualifying service to sanction pension and other benefits as per G.O.Ms.No.'l 56, Finance and Planning (FW.PEN.1) Department, dated 29-04-1983, by considering the proposals Rc. No. 2300/ NVBDCPI 2021' dt- 02-11-2021, pending order or orders as this Honble C;ourt may deern fit and proper in the circu rstances of the case. lA NO: 2 OF 2024 Petition uncer Section 151 CPC praying that in the circunrstances stated in the affidavit file,C in support of the petition, the High Court ma,7 be pleased to receive the Judgements of the Hon'ble Supreme Court, Hon'ble lligh Courts and correspondence as additional material paper and treat it as part and parcel of WP.No. 786 of 20212. Counsel for the Petitioners: SRI CH.GANESH Counsel for the Respondent No.1, 2, 4,5 & 6: GP FOR SERVICES-Il Counsel for the Respondent No.3: AGP FOR FINANCE The Court made the following: ORDER :i ORDER: HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.786 ot 2022 Heard Sri Ch. Ganesh, Iearned counsel appearing on behalf of petitioners, learned Assistant Government Pleader for Services-Il, appearing on behalf of respondent Nos. 1, 2, 4t 5 and 6 and learned Assistant Government Pleader for Finance, appearing on behalf of respondent No.3.

2. The petitioners approached the Court seeking prayer as under: "...to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not counting the past temporary service rendered by the petitioner in the contingent establishment from the date of his initial appointment to till the date of regularization for commencement of qualifying service as per G.O. Ms. No.156 Finance and Planning (FW. PEN.1) Department dated 29-04-1983 for the purpose to sanction of pension based on the judgment of the Honble Supreme Court in the case of Prem Singh Vs State of Uttar Pradesh and others in Civil Appeal No.6798 of 2019 and batch dated 02-09-2019 and the same was reported in (2020) 1 SCC (L&S) 1 & (2019) 10 SCC 516, and in the case of Habib Khan Verses State of Uttarakhand and others in Civil Appeal No.10806 of 2Ol7 and batch dated 23-08-2017 7, 2 1n;l SN, J wP 7a6 2022 which \/as reported in (2020) l SCC (L&S) 28, (2019) 10 SCC 54,2 and in Review petition (C) No.9 of 2018 dt 16_01_ 2018 in Civil Appeal No. 10806 of 2017, in the r:ase of State of'Uttarakhand and others Vs Habib Khan and others and the same was reported in (2020) l SiC (L&S) 31 (1), (2019) 10 SCC 545 and basing on the Division Bench ludgmelts of this Honble Court in W. p. No.8201 ot 2016, dt 17-03-2016 and the Division Bench orders of the donble A.P. High Court in WP No. 7425 of 21tg dt 15-10-2019 and the orders of this Hon'ble Court in Wp No.17700 of 2(116 dt 20-06-2017 as highly illegal, arbitrary, rjnjust, unconstitutional against the principles of natural .]ustice equity and fair play and prays to direct the respondents herein to count the pre-absorption service of petitioner herein irr temporary capacity in the contingent category for the purpose of commencement of qualifying servir:e for sanction of pension and other benefits and also gratuity as per the orders of the Honble High Court of Allahabad in the case of Smt Krishna Bembi Vs Appellate authority dt 25.05.2C15 to the Petitioners herein and pass...,,.

3. The case of the petitioners, in brief, is that the pc,titioners were initially appointed during the year 1984 to 19Bg on daily wage basis as Field Workers under the control of 4th respondent. As per G,O.lt4s.No.212, dated 22.04.1994, as the petitioners have complet'3d 5 years of service with required quarifications, they are entitled for regularization. However, the petitioners service was not regularized and aggrieved by the same, the 3 SN, J wP 786 2021 petitioners rired w.p. r,ro.i:+'6r ortffi??iii'w.P. No. t4242 of 2019 for regularization of their services and the respondents regularized the services of the petitioners herein vide G.O.Rt.No.494, Health, Medical & Family Welfare (F1) Department, dated 19.11.2020, accordingly the 2nd respondent issued proceedings dated lO.t2.2O2O regularizing the services of the petitioners. The petitioners submitted representation to the 4th respondent on 12.10.2021 and on 16.08.2021 to treat the daily wage petitioners as regular employees from their initial date of appointment to till the date of regularization of their services for all purposes relating to pension, gratuity and other retirement benefits and also sanction of periodical increments. As per G.O.Ms.No. 156, Finance and Planning, dated 29.04.1983 the petitioners are fully eligible and entitled to count their past service as contingent sweepers working on full time basis for the purpose of pensionary benefits. The petitioners are also similarly situated to petitioners in W.P.No.8201 of 2016 and are seeking the same relief to consider the past temporary service rendered by them in the contingent establishment for the purpose of pension and other retirement benefits. However, the same had not been considered by the respondents. Aggrieved by the said I 4 SN, J wP 786 2022 action of the respondents, the petitioners approached the Court by filing the present writ petition.

4. This Court on an earlier occasion dealing with an identical situation under similar set of circumstances allowed the writ petition vide order dated 24.L1-.2O22 passed in W.P. No.7343 of 2019 seeking prayer as under: "This writ petition is filed to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not counting the past service rerndered by the petitioners as daily wages fronr the date of their initial appointment to till the date for commencement of qualifying service as per G.O.14s.No,156, Finance and Planning (FW.PEN.1) Department, dated 29.O4.1983, for the purpose to sanction of pension based on the judgrnent of the High Court in W.p.No.8201 of 2016, dated 17.03.2016 and not passing orders on the proposals of the 4th rr:spondent sent to the 3'd respondent vide letter Rc.No.SPl/NVBDCP, Dated 29.11.2018 as highly illegal. against the principles of natural justice and direct the respondents to count the pre-absorption service of the petitioner in temporary capacity as daily wage employee'for the purpose of commencement of qualifying service for sanction of pension and other monetary benefits to the petitioner:;". ,-\ 5 SN, J wP 786 2022

5. The retevana o.l'-n".ttT il said order dated 24.1L.2O22 passed in W.P. No.7343 of 2019 is extracted hereunder: "15. Th is Court oDines that he nefitioner cannot be deorived of his constitutional rioht for oension exceot bv authoriw of law since oension is not a bounw. but "rrai nrn ofAr+i.la ?nn-A ,rf +}ra nr.atriarfv r ri+ irr ilra Constitution of India- Taking into consideration the aforesaid facts and circumstances and Rule 13 and 14 of the Andhra Pradesh Revised Pension Rules, 198O which deal with the qualifying service of a temporary employee for the purpose of payment of pension and the law laid down by the Apex Court in the matter of State of Jharkhand and others v. Jitendra Kumar srivastava and another reported in 2013 (12) SCC 21o and the law laid down by the Division Bench judgment of the High Court in WP No.82O1 of 2016 in State of Andhra Pradesh, Rep. by its Secretary, Finance & Planning and the view taken in all the judgments referred to and extracted above, the Writ Petition is allowed and the Resoondents are directed to forthwith process the oension orooosals of the oetitioner e Lr.D.A.O.S.A.No.523/ A Ll2fJt5-L6, returned Aalo.l pension payment order sanctionino the oension and pensionarv benefits dulv computing the servace from 1?n 1.2016 of iha 'l st D6c6/rrrdarr+ nA , +t-- u, ia aoo^ within a oeriod of 3 weeks from the date of receiot of the order. There shall be no order as to cost. Frr,^^-^ nancinn ^ t i+:^n r 6 ( SN, J wP 786 2022

6. A barr: perusal of the record also indicates that in pursuance tcr the orders dated 24.11.2022 passed in W.p. No. 7343 of 2019, the said orders had been implemented and proceedings ,Jated 17.10.2024 in Memo No. Z646/G12023 of the Secretary to Government, Health, Medical & Family Welfare (G) Department tad been issued for computing of service rendered by the petiti(tners thereunder as daily wage field workers from their date of initial appointment, for the purpose of sanction of pension as a special case. The contents of the said Memo dated

77.1O.2024 is extracted hereunder: "1n the circumstances reported by the Directrrr of Public Health & Family Welfare, Hyderabad in the reference 4th citecl, Government after considering the matter, the Director of Public Health & Family Welfare is directed to imole ment the orders Hon'ble Hioh Court dt. 24.tt.20 22 in W.P, No. 7 of 2O19, for moutinq a r.66rf a?ad dail w riat t fie d workers tro m thcir .late .!f purpoge of sanction of nnar ment- f(rr the a nsion as a soecial case.

2. This order lssues with the concurrence of Finance (HRM.V) Department vide their U.O.No.2728747 /152/ At/ HRM.V/:1024, dated: 23.O9.2024". 7 SN, J \\P 786 2022 7. The petitioners in the present writ petition also seek similar relief. Learned Assistant Government Pleader appearing on behalf of respondents submits that the respondents may be directed to consider the request of the petitioners for computation of services rendered by the petitioners from the date of their initial appointment for the purpose of sanction of pension could be considered by the respondents in accordance to law, within a reasonable period. 8 Takino into consider ation (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Assistant Government Pleader, appearing on behalf of respondents, (c) The order of this Court 24.11.2O22 passed in W.P. No. 7343 of 2019 (referred to and extracted above), (d) The contents of the Memo No. 2O46lGl2O23, dated 1-7.LO.2O24 through which relief had been extended in favour of the petitioners in W.P. No.7343 of 2O19 filed by one Yata Sattireddy and others and the l I I 1 . I :r { l I , 8 SN, J wP 786 2022 identical relief which the petitioners in the present W.p. No, 786 of 2021 are seeking before this Court, The writ petition is allowed. The respondents are directed to consider the request of the petitioners in counting the past services rendered by the petitioners in contingent establishment from the date of petitioners initial appointment to till the date of regularization for commencement of qualifying service as per G.O, Ms. No.156 Finance and Plannins (FW. pEN.l) Department dated 29-04-1983 for the purpose of sanction of pension by duly taking into consideration the fact as borne on record that similar relief had been extended to petitioners in W.P. No. 7343 of 2O19 vide its order dated 24.1.t.2O22 which had even been complied with vide Memo No" 20,46/ G/2O23, dated L7.1O.2O24, issued in favour of the petitioners thereunder in W.P. No. 7343 of 2OL9, in accordance to law, within a peraod of four (4) weeks from the date of receipt of a copy of the order and take a decision on the subject issue and duly communicate the decision to the petitioner. However, there shall be no order as to costs. t* 9 -,:rtrsi r '-.....:^*- As a sequel, the miscellaneous petitions, SN, J w '786 2022 any pending, in the Writ petition shall also stand closed. SD/- P. PADMANABH ASSISTANT RE EDDY ISTRAR //TRUE COPY// SECTION OFFICER To, 1 2 3 The Principal Secretary, Health Medical and Family Welfare (Fl) Department, Telangana Secretariat, Hyderabad, State of Telangana. The Director of Public Health and Family Welfare, Government of Telangana, Koti, Hyderabad The Principal Secretary, Finance and Planning Department, Telangana Secretariat, Hyderabad, State of Telangana.

4. The District [Vedical and Health Officer, Nalgonda, Telangana State. The District Medical and Health Officer, Suryapet, Telangana State. The District [Vedical and Health Officer, Yadadri Bhongiri, Telangana State. One CC to SRI CH.GANESH, Advocate [OPUC] Two CCs to GP FOR SERVICES-II, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP FOR FINANCE, High Court for the State of Telangana at Hyderabad [OUT] E 6

7. o- o '10 Two CD Copies z:rq e CC TODAY HIGH COURT DATED:2610312025 ,4 't) F o 0 L4E1t .s =\- \ \ J g9t$ * v * o A1) ORDER WP.No.786 af 2022 ALLOWING THE WRIT PETITION, WITHOUT COSTS q0