'1 . B.Bhadraiah v. 1. The State of Telangana

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 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 respective date of initial appointment of petitioners in 1980s, till the date of regularization on 12-09-2013, to reckon contingent service rendered by the petitioner for computation of qualifying service to sanction pension, gratuity and other retirement benefits on par with their regular counter parts in last grade posts 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 and Gratuity on eve of retirement of petitioner by applying principle laid by Hon'ble Supreme Court in SLA (c) No. 1109 of 2022, dt. 1B-02-2022, in the case of State of Gujarat and others Vs. Talsibhai Dhanjibhai Patel, and other cases of Prem Singh Vs. State of Uttar Pradesh and others in Civil Appeal No. 6798 of 2019 and batch dt.02-09-2019, (2019) 10 SCC 516), and in the case of Habib Khan Verses State of Uttarakhand and others in Civil Appeal No.10806 of 2017 and batch dt.23-08-2017, (2019) 10 SCC 542), along with orders in Review Petition ( C ) No. 9 of 2018, dt. 16-01- 2018, in (2019 10 SCC 545) followed by Division Bench of this Hon'ble Court in W.P. No. 8201 of 2016, dt.17-03-2016, and in WP No.17700 of 20.16, dt.20-06- 2017, as highly illegal, arbitrary, unjust, unfair u nconstitutional against the principles of natural justice , equity and fair play and amounts to violation of article 14,16,21 ,39(d) and 43 and 300 (a) of our constitution in subjecting the petitioners to exploitive enslavement for nearly 3 decades by not implementing provisions minimum wages Act 1948 and equal remuneration Act 1976, inspite of abolition of bonded labour as per Act 1976 and prays to direct the respondents herein to count the pre-absorption service of Petitioner herein in temporary capacity in the contingent establishment for the purpose of computation of qualifying service for sanction of pension and Gratuity, other retirement benefits and by applying the principle laid by Apex court and Hon'ble High court of to the petitioners herein under Article 141 of our Constitution by this Hon'ble High Court. lA 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 For the reasons stated in the accompanying affidavit, the petitioner herein prays that, to direct the respondents herein to consider the case of the Petitioners, to count the pre-absorption service rendered by the Petitioners in temporary capacity from respective date of their initial appointment in '1980's to till the date of their regularization for computation of qualifying service to sanction pension, Gratuity and others retirement benefits on par with their regular counter parts in last grade posts as per G.O.Ms.No.156, Finance and Planning (FW.PEN.1) Department, dated 29-04-'l 983 forthwith. lA NO: 1 OF 2024 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Replace the Vakalath of Sri CH.GANESH, Advocate (2102) as the Counsel for the Petitioners herein in the above Writ Petition by permitting the Petitioners herein to engage the present Counsel Sri Gurram Srinivas, Advocate (7614) before this Hon'ble Court. Counsel for the Petitioners: SRI CH. GANESH Counsel for the Respondents: AGP FOR SERVICES-I The Court made the foilowing: ORDER va*#;ry / r*. ., / /' HON'BLE MRS ]USTICE SUREPALLI NANDA WRIT PETITION No.3236 ot 2O23 ORDER: Heard Sri Ch.Ganesh, learned counsel appearing on behalf of petitioners and learned Assistant Government Pleader for Services-I representing all the learned counsel appearing on behalf of the respondents on record.

2. The oetition ers a DDroached the Court seekinq the praver as follows: "......to issue an order or rcirection 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 respective date of initial appointment of petitioners in 1980s, till the date of regularization on 12-09-2013, to reckon contingent service rendered by the petitioner for computation of qualifying service to sanction pension, gratuity and other retirement benefits on par with their regular counter parts in last grade posts 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 and Gratuity on eve of retirement of petitioner by applying principle laid by Honble Supreme Court in SLA (c) No. 1109 of 2022, dt. tB-02-2022, in the case of State of Gujarat and others Vs. TalsibhaiDhanjibhai Patel, and other cases of Prem Singh Vs. State of Uttar Pradesh and others in Civil Appeal No. 6798 of 2 2019 and batch dr. 02-09-2019, (2019) 10 SCC 516), and in the case of Habib Khan Veises State of Uttarakhand and others in Civil Appeal No.10806 of 2017 and batch dt. 23-OB-20t7, (2019) 10 SCC 542), atong with orders in Review Petition ( C ) No. 9 of 2018, dr. 16-01-2018, in (2019 10 SCC 545) foilowed by Division Bench of this Honble Court in W.p. No. 8201 of 2076, dt.l7_ 03-2016, and in Wp No.17700 of 20t6, dt.20-06_ 2017, as highly illegal, arbitrary, unjust, unfair unconstitutional against the principles of natural justice , equity and fair play and amounts to violation of article 14,16,21,39(d) and 43 and 300 (a) of our constitution in subjecting the petitioners to exploitive enslavement for nearly 3 decades by not implementing provisions minimum wages Act 1948 and equal remuneration Act 1976, inipite of abolition of bonded labour as per Act L976 and prays to direct the respondents herein to count the pre-absorption service of petitioner herein in temporary capacity in the continqent establishment for the purposd of computation of qualifying service for sanction of pension and Gratuity , other retirement benefits and by applying the principle laid by Apex Court and Honble High Court of to the petitioners herein under Article 141 of our Constitution by this Honble High Court and pass..." ft is represented by learned counsel appearing on behalf of the petitioners that the subject issue in the present Writ petition is squarely covered by the order of this Court dated 26.03.2025 passed in W.p.No.786 of 2022 and hence, the present writ petition could be allowed in ierms of the order of this Court dated 26.03.2025 passed in W.p.No.786 of 2O22.

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4. Learned Assistant Government Pleader for Services-I appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader appearing on behalf of the respondents and for the reasons alike in the above referred order dated 26.03.2025 passed by this Courf in W.P.No.786 of 2022, 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 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 Planning (FW.PEN.1) Department, dated 29.O4.1983 for the purpose of sanction of pension gratuity and other retirement benefits by duly taking into consideration \ I J 4 the fact as borne on record that similar relief hact been extended to petitioners in W.p,No .7343 ot 2019 vide its order dated 24.11.2022 which had even been comptied with vide Memo No.2Oa6/G/2023, dated t7.7O.ZOZ4, issued in favour of the petitioners thereunder in W.P.No.7343 of 2O19, in accordance to law, within a period of four (4) weeks from the date of receipt of a copy of the order and take a decisaon on the subject issue and duly communicate the decision to the petitioners. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. SD/- K.SR EERAMA MURTHY PUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Telangana Secretariat, Hyderabad

1. The PrinciPal Secretary, The State of Telangana, Pan chayathraj De ngana, Finance and Plan 2. The PrinciPal Secretary The State of Tela rabad. Department , Telangana Secretariat, HYde 3. The Commissioner of Panchayathaj and Rural Employment' Himay partment, athnagar, Hyderabad

4.TheChiefExecutiveofficerTheZtllaPralaParishad,Mulugu. 5.TheChiefExecutiveofficer,TheZillaPrajaParishad,Warangal. 6.TheChiefExecutiveofficerTheZillaPrajaParishad,Siddipet T.TheChiefExecutiveofficer,TheZillaPrajaParishad'Mahabubabad. 8. One CC to Sri CH. Ganesh, Advocate IOPUC] 9. TwoCCsto GP for Services-|, High Courtforthe State of Telangana' at 10.Two CD CoPies Hyderabad [OUT] M TJ PSK.s I o

7. 1/ l rl F- S14 14: k-.Ck,( ll o[ AUE 2$t5 '.\, \ -t ^ i ./7 HIGH COURT DATED:0810412025 ORDER WP.No.3236 of 2023 ! I \ ALLOWING THE WRIT PETITION WITHOUT COSTS \J.. v \q