The High Court · 2025

THE HONOURABLE SRI JUSTIC NAGESH BHEEMAPAKA l.A.NO.1 0 2025 IN/AN WRIT PETITION NO: 8546 0F 2019 Between: Vuppala lvlallikarjun, Station, Vemulapally, State S/o. Narsaiah, Vemulapally ged 36 yrs, Occ- Sweeper, Police Nalgonda District, Telangana andal, ...PETITIONER AND 'I . Th e Gove rnment D pa rtm en Te a fo Te a nsa n a re nga na S cre a na H erabad p bv t Principal Secretary, Home 2 The Director General of Police, Telang na State, Lakdikapool, Hyderabad 1 Th GoVE rn m ent of Te a n a na re e s en Te a nsa na Sec P a n n n m s 4. The Superintendent of Police, Nalgond De p Principal, Secretary, Finance and ariat, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Co circumstances stated in the affidavit filed pleased to issue an order or direction more p Mandamus to declare the action of the resp services of the petitioner, based on the Supreme Court in Umadevi's case reported orders to regularize services of petiti harm and financial loss to the petitioner unconstitutional and prays this Hon'ble Cou regularize services of the petitioner by appl Hon'ble Supreme Court in the Umadevi's c regularize the services of the petitioner titution of lndia praying that in the therewith, the High Court may be rticularly one in the nature of Writ of ndents herein in not regularizing the rinciple laid down by the Hon'ble in 2006 4 SCC (1) and not passing oner, st ce nearly 10 years causing severe s highly illegal, unjust, unfair, and to direct the respondents herein to ing the principle -laid down by the se reported in 2006 SCC 4 (1) to lA NO: 1 OF 2019 Petition under Section 151 CPC prayin the affidavit filed in support of the petition, the that in the circumstances stated in High Court may be pleased to direct -7 the respondents herein to regularize the services of the petitioners forthwith in the Iast grade posts, based on the judgment of the Hon'ble Supreme Court in the case of State of Karnataka Vs. Umadevi, in Civil Appeal No. 3595-361 2 of 1999, dt. 10-04-2006, reported in 2006 (4) SCC (1) and foilowed by this Hon,ble Court in W.P.No.20726 of 2010, dt.29-1.2-2016, by considering his representation d1.29-01-2018, pending order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case i lA NO: 1 OF 2025 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 ln the said circumstances filing this petition is filed for an amendment of main prayer in WP.No.8546 of 2019: Main Praver in WP.No. 8546 of 2019 : Under these circumstances, it is prayed that this Hon,ble 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 herein in not regularizing the services of the petitioner, based" on the principle laid down by the Hon'ble Supreme Court in Umadevi's case reported in 2006 4 SCC (1) and not passing orders to regularize services of petitioner, since nearly '10 years causing severe harm and financial toss to the petitioner as highly illegai, unjust, uniair, and unconstitutio nal and prays this Hon'ble court to direct the respondents herein to regularize services of the petitioner by applying the principle laid down by the Hon'ble Supreme Court in the Umadevi's case reported in 2006 SCC 4 (i ) to regularize the services of the petitioner and pass such other order or orders as the Hon'ble court may deem fit and proper in the interest of justice. Amend as: Under these circumstance, it is prayed that this Hon,ble 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 herein in not regularizing the services of the petitioner based on the principle laid down by the Honble supieme court in umadevi's case reported in 2006 4 scc( j ) and not passing orders to regularize services of petitioner, since nearly 1o years causing severe harm and financial loss to the petitioner as highly illegal, unjust, unfair, and u nconstitutional and prays this Hon'ble Court set aside impugned Memo. No.l279lse.111lA'112023, Dated.30.09.2024 issued by the 4th respondent with direction to the respondents herein to regularize seryices of the petitioner by applying the principle laid down by the Hon'ble supreme court in tre Umadevi,s case reported in 2006 scc ( I ) as one time measure with all consequential benefits and seniority from the date of eligibility of petitioner lA NO: 2 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ftre Hign court may be pleased to direct the 4th respondent for payment of the work p month of Nov-2024 lo Feb-2025 riod salary to the petitioner for the Counsel for the Petitioner: SRl. CH GANESH Counsel for the Respondent Nos.1,2&4: Gove (Home) ment Pleader for Services Counsel for the Respondent NO.3: GP FOR Fl ANCE AND PLANNING The Court made the following: ORDER 'l THE HON'BLE SRI JUSTICE NAG ESH BHEEMAPAKA I.A. No.l of2025 In/And WRIT PETITTON No.8546 of2019 ORDER: Heard Mr. Ch. Ganesh, leamed counsel for the petitioner; and learned Government Pleader for Home. Perused the record'

2. A perusal of the record would disclose that the petitioner herein is apa(ry to the proceedings in W.P.No.9902 of 2019 (anayed as petitioner No.22) which is also for the very same relief of regularization of seruices as Sweepers/Scavengers etc., and inlerestingly both the writ petitions were filed simultaneously in the year 2019. W.P.No.9902 of 2019 was disposed of by a co-ordinate Bench of this Couft on 01.05'2019, dilecting the Govemment to consider the case of tl.re petitioners and pass I appropriate order.s- The Government considered the case of the petitioners and passed orders vide Memo No.l279lSer.tlIl A,112023 dated 30.09.2024,, rejecting the case of the petitioners. I \

3. The petitioner now filed this amendment petition, namely I'A'No' 1 of 2025 seeking to amend the main prayer in this writ petition, so as to challenge the Memo dated 30.09.2024. This Court is not inclined to consider the writ petition itself in the first place, let alone amendment application; for it would virtually tantamount to condoning the act of pursuing parallel proceedings since 201 9 for the same relief. Furthermore, proceeding to adj udicate the matter again in this writ petition is not only redundant but also hit by re.s jttdicata, as the matter was already considered in W.P.No.9902 of 2019, dated 01.05.2019, whereafter the Govemment also passed orders vide is, in fact, inclined to levy costs on th a warning to be diligent in future. 4. At this juncture, learned coun petitioner may be permitted to withdra writ petition to challenge the Memo

5. Considering the prayer of the I writ petition is dismissed as withdrawn emo dated 30.09.2024. This Court petitioner, however, refrains with l for the petitioner prays that the the writ petition and file a fresh ed 30.09.2024. ed counsel for the petitioner, the by granting liberty as sought for. No cosl.s. Miscellaneous petitions pend ng, ifany, shall stand closed. SD/-K. SREE RAMA MURTHY UTY REGISTRAR D //TRUE C PYII CTION OFFICER To, 1 2 3 4 KKS BS One CC to SRl. CH GANESH Advoca Two CCs to _Gp for Home, High Court Hyderabad. [OUT] Two CCs to Gp for FTNANCE AND pL I etangana at Hyderabad. [OUT] Two CD Copies toPUCl r the State of Telangana at NNING, High Court for the State of // .: r.,,.:.&:a,. 1 HIGH COURT DATED:2710312025 \ \ \ e U 13 AUB zffi i: (t -L o[spa r 1^ L ' l_-o ORDER I.A.NO.l 0F 2025 IN/AND WP.No.8546 of 2019 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS @ 1K