✦ High Court of India · 05 Feb 2025

High Court · 2025

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,158 words

its Sedretary, Telugu Samkshema Bhavan, Masab Tank, Hyderabad.- 3. The Principll, Telangana Social welfare Residential School Bhongir, Yadadri Bhongir District ...RE''.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of 2nd Respondent in not sanctioning and releasing the Pensionary Benefits though she retired on 31-10-2024 duly regularizing her services w.e.f . 22-4-1994 uhder G.O.Ms' No. 2't 2 Dated 22.4.1994 along with revised pay scale arrears 2010,2015 and 2020 and though the petitioner covered under G.o.Ms. No. 212, Dated 22.4.1994 for regularization of the services, her services were not regularized along with other similar situated 4th Class Employees working in the same society' Accordingly her pensionary benefits not reiedsed though she retired on 30.1o.2024. The action of the 1st and 2nd Respondent in not regularizing the services of the petitioner and not paying pensionary benefits along with Revised pay scales 2o1o ,2015 and 2O20 is illegal, arbitrary and violation of Principles of Natural Justice and also violation of fundamental rights and also violation of Articles '14,1 6 and 21 o1 the constitution of lndia consequently direct the respondents to sanction and release pensionary *l+*..et;tlr- benefits duly regularizing her services w.e.f. 22-4-1994 covered under G.O.Ms. No. 212 along with Revised Pay Scales 2010, 2015 and 2O20 arrerars with bank rate of interest lA NO: 1 OF 2025 Petition under lSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be plc'ased to direct the respondents to consider and pass appropriate order on the representation daled 212 2024 submitted to the 2nd Respondent for pensionar5r benefits and Revised Pay Scales 2010,2015 and 2020 arrears Counsel for the Petitioner: SRI M. KRUPAKAR Counsel for Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER - THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHUIAR RAO WRI T PETITION No.321O of 2O25 ORDER: Heard learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents and perused the record.

2. Learned counsel for the petitioner submits that the then Government of Andhra Pradesh has constituted respondent i Nos.1 and 2 institutions for rendering Education as a measure of Social Welfare in the form of Residential System. Respondent No.2 appointed the petitioner as a daily wage worker on

20.02.1986 uide proceedings Rc.No'B/678 l06/Du, dated

12.05.1986. The Principal, Social Welfare Residential School, Bhongir, Nalgonda District issued service certificate for the year 1986 to 1990 uide proceedings No.All116190, dated

21.12.1990 and the petitioner has continued her services in the same organization without any break, as such, APSWRS School (G), Suryapeta issued service certificate from January 1999 onwards uide proceedings No.A/Class-IV/Estt/2OOI, dated 2a.O7 .2OOI. Thereafter, service certifrcate was issued by the 2 APSWR (RRR.P) School (G), Dindi, Nalgonda vide p,r66sgdlng5 dated 24.01.2012

3. Learned counsel for the petitioner further submits that the District Collector, Chairman, DSWREI Societrr and the Convener PrincipaJ, APSWRS/JC, Suryapet hzrs issued proceedings u,ide Rc.No.A /599 /2006 seeking permission from the Government for regularization of services of the daily wage employees as the daily wage employees are cove red under G.O.Ms No.i2 12 and fulfrlled all the conditions, wherein the petitioner's rrame is placed at Sl.No.l, which shows the caste of the petitioner as B.C., qualilications as VII class, Date of Birth as 01.10.I96:i and the requisite service of 5 years is completed for regularizzrtion.

4. Learne,i counsel for the petitioher further sutrmits that the petitioner approached this Court in W.P No.47489 of 2OI8 and this Court on 31.12.2018, directed the respondr:nts to fix the remuneration of the petitioner as per revised pa1. scales of 2010 and 2015 within six weeks and communicate saLme to the petitioner. D,espite the order passed by this Court, respondents have not paid the revised pay scales till the retirement of the petitioner i.e., on 31.LO.2024.

5. Learned counsel for the petitioner further submits that respondent No.2 issued the circular for regularization of Daily proceedings uide Wage Employees vide Rc.No.G1/P/1389 l2006, dated 08.06.2006 and the proposals were sent to the Government in accordance with the G.O.Ms No.21,2, dated.22.04.1994. Though the petitioner is entitled for regularization of service w.e.f 22'O4.1994, h,er services were not regularized in accordance with law' The respondent No'2 has issued proceedings Lr.Rc.No.G/TSlL248f2}fi, dated 1O.O8.2022 addressed to the Principal Secretary, S'C'D Department, Hyderabad, wherein it is clearly mentioned to implement P.R.C.2O1O, 2Ol5 and 2O2O.

6. Learned counsel for the petitioner further submits that the petitioner retired from services on 31.1O.2024 from TGSWRS/JC, Bhongir, Yadadri-Bhongir District. Though she has retired from services, her services were not regularized in \ accordance to G.O.Ms No.212, dated 22.04.1994 arld Revised Pay Scales 2OlO, 2Ol5 and 2O2O were not being paid despite I I 4 the order passed by this Court in W.P.No.47489 of 2t118, dated 3I.12.2018. Therefore, the petitioner made a representation to the respondr:nt No.2 on 02.12.2024 requesting to regrrlarize her service w.e.f . 22.04.7994 and to sarrction and rr:lease her revised pav scales 2O1O, 2Ol5 and 2O2O along with grensionaqz benefits. Hence, the present writ petition

7. Having considered the submissions made by learned counsel for the Petitioner and without going into merits, the respondent l{,:.2 is directed to consider the representation of the petitioner dated 02.L2.2O24 and pass appropriate orders in accordance u,ith law, within a period of six (08) weeks from the date of receipt of a copy of this order.

8. With th.e above direction, the Writ Petition is disposed of. No order as to costs. As a serpel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD.K.SREERAMA MURTHY REGISTRAR A CTION OFFICER 2 1 The Secretai'v. Telanoana Social welfare Residential Educational lnstitutions sijii"tv, iitr6i, samlishema Bhavan, Masab Tank, l-lYderaba'J' ir'" Ffii-riipJlietanganisJcGi*"ttio Residential Sthool Bhongir' Yadadri Bhongir District. one dc to Sri M Krupakar Advocate [OPUC] iil aa;i"-ci ror Sociit wetiar" ,tiigt court for the state of Telangana' Two C o-- D Copies 3 4 5 To, MB LS I t HIGH C URT DATED: 0510212025 1 \\g stA 16 2 i tt,, ?Lii ) ( ? c -l ORDER WP.No.3210 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS o?y- W --lrttr=----------:--

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