Allahabad in the case of Smt. Krishna Bembi vs Petitioners herein and pass such order or orders in

of Mandamus to declare the action of the respondents in issuing impugned Letter Rc.No. 125367/CPR & RElC2l2O21 , dl. 17-01-2022, rejecting the claim of the petitioners to count the past temporary service rendered by the Petitioners in the contingent establishment from the date of their 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 on, the ground that. the petitioners were not appointed as full time contingent employees, ignoring 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 dt. 02-09-2019, and the same was reported in (2020) 1 SCC(L and S) 1 and (2019) 10 SCC 516, and in the case of Habib Khan Verses State of Uttarakhand and others. in Civil r\ppeal No.'10806 of 2017 and batch dt 23- 08-2017. which was reported in (2020) 1 SCC (L arld S) 28, (2O1g) 10 SCC 542, and in Review Petition ( C ) No. I of 20'18, 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 and S) 31 (1),(2019) 10 SCC 545 and basing on the Division Bench Judgements of this Honble Court in W.P. No. 8201 oI 2016, ,Jt.'1 7-03-2016, and the Division Bench orders of the Honble A.P. High Court in WP No. 1425 of 2019, dt. 15-10-2019, and the orders of this Honble Court in the case of the counter part of the petitioners in WP No.17700 of 2016, dl.2O-O6-2O17, as highly illegal, arbitrary, unjust, u nconstitutional against the principles of natural justice , equity and fair play and prays to set aside the impugrred letter Rc.No. 125367|CPR and RElC2l2O21 , dL. 17-O1-2022, wilh a direction to count the pre- absorption service of Petitioners 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 suspend the operation of the impugned letter Rc.No 125367|CPR & RElC2l2O21 , dt. 17-01-2022, with a direction to count the pre-absorption service of the Petitioners on temporary capacity for commencement of qualifying service to sanction pension and other benefits as per Division Bench Orders of this Honble Court in WP No 177OO ot 2016 dt. 20-06-2017, pending order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI GURRAM SRINIVAS Counsel forthe Respondent No.1 to 5: AGP FOR SERVICES-I Counsel for the Respondent No.6: SRI K.PRADEEP REDDY, SC FOR ZP The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.20647 OF 2022 ORDER: Heard Sri Gurram Srinivas, learned counsel . appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos.1 to 5 and Sri K.Pradeep Reddy, learned Standing Counsel for Zilla Parishad, appearing on behalf of respondent No.5.

2. The oetitioners aoD ched the Court seekinq Drayer as under: "...to issue an order or direction more particularly one in the nature of Writ of Mar,damus to declare the action of the respondents in issuing impugned Letter Rc.No.125367/CPR&RE/C2/202|, d1.77 -01-2022, rejecting the claim oF the petitioners to count the past temporary service rendered by the Petitioners in the contingent establishment from the date of their 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 on the ground that, the petitioners were not appointed as full time contingent employees, ignoring the judgment of 2 XsN,l wp 20547 ZO22 the Hon'ble Supreme Court in the case of prem Singh Vs. State of Uttar Pradesh and others in Civil Appeal No. 6798 of 2019 and batch dt. 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 dt. 23-08-2017, which was reported in (2020) 1 SCC (L&S) 28, (2019) 10 SCC 542, and in Review Petition (C) No. 9 of 2018, dt. 16-01-2018, in Civit 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 Judgments of this Hon'ble Court in W.P.No.B201 of 2016, dt.17-03-2016, and the Division Bench orders of the Hon'ble A.p. High Court in WP No.1425 of 2019, dt. 15-10-2019, and the orders of this Hon'ble Court in the case of the counter part of the petitioners in Wp No.17700 of 20t6, dt.2O-O6-2077, as highly ittegat, arbitrary, unjust, u nconstitu tiona I against the principles of natural justice, equity and fair play and prays to set aside the impugned letter Rc. No. 125367ICPR&RE/C2/202I, dt. 17-01-2022, with a direction to count the pre-absorption service of Petitioners 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 Hon'ble High Court of Allahabad in the case of Smt. Krishna Bembi Vs. Appellate authority dt. 25-05-2015, to the Petitioners herein and pass such order or orders in the interest of justice." 3 S N,J wp_20647 _2022

3. The case of the petitioners, in brief, is that the petitioners were initially appointed as sweepers on temporary basis in the year 1982 and regularized after 20- 30 years of service. As per G.O.Ms.No.156, Finance and Planning, dated 29.04.1983, the petitioners are fully eligible and entitled for counting their past service i.e. pre-absorption service as contingent sweepers in the contingent category in temporary capacity for the purpose of commencement of qualifying service for sanction of pension and also gratuity, but however, the sitme had not been considered by the respondents. Aggrievecl by the said action of the respondents, the petitioners apt)roached the Court by filing the present writ petition.

4. It is represented by learned counset 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 petation could be allowed an terms of the order of this Court dated 26.03.2025 passed in W.p.No.786 of

2022. 4 SN,J wp_20641_202)

5. Learned Assistant Government pteader for Services-I appearing on behalf of the respondent Nos.1 to 5 and learned Standing Counsel appearing on behalf of respondent No.5 do not dispute the said. submission made by the learned counsel appearing on behalf of the petitioner. 6 Taki nq into conside ataon:- a) The facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioners, and learned Assistant Government Pleader for Services-I appearang on behalf of the respondent Nos.1 to 5 and learned Standing Counsel appearing on behalf of respondent No.6 c) The judgment dated 26.03.2025 passed by this Court in W.P.No.786 of 2022. d) The judgment dated 24.11,2O22 passed by this Court in W.P.No.7343 of 2019. The writ petition is allowed, the respondents are directed to consider the request of the petitioners in 5 SN,J wP_20647 _2022 counting the past services rendered by the petitioners in contingent establishment from the date of petitioners' initial appointment to til! the date of regularization for commencement of qualifying service as per G.O.Ms.No.156 Finance and Planning (FW.PEN.1) Department, dated 29.04.1993 for the purpose of sanction of pensaon gratuity and other retirement benefits by duly taking into consideration the fact as borne on record that similar relief had been extended to petitioners in W.p.No.7g6 of 2022 and also petitioners an W.p.No.7343 of 2019 vide its order dated 24.LL.ZO2Z which had even been complied with vide Memo No.2O46lct2OZg, dated L7.tO.2O24, 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 receapt of a copy of the order and take a decision on the subject issue and duly communicate the decision to the petitioners. However, there shail be no order as to costs. I 6 S N,J wp_20547 _2022 As a sequel, the miscellaneous petitions, if any, \ pending in the Writ petition shall also stand closed. To, //TRUE COPY// SD/. P.CH.NAGABHUSHAMBA EPUTY REGISTRAR SECTION OFFICER ,| The Principal Sec_retary, Education Department, Hyderabad, State of Telahgan. Telangana Secretariat, ' 2. !.he. Principal secretary, panchayathraj Department, Terangana secretariat, Hyderabad.

3. The Principal Secretary, Finance and planning Department, Telangana Secretariat, Hyderabad.

4. The Commissioner of School Education, Govt. of Telangana, Hyderabad. 5. The Commissioner of panchayathraj, Govt. of Telangana, Himayathnagar, Hyderabad.

6. The zilla Praja Parishad, Warangar, Rep. by its chief Executive officer. 7. One CC to SRt GURRAM SR|N|VAS, Advocate tOpUCl 8. One CC to SRt K.PRADEEP REDDY, SC FOR Zp [OPUC] 9. Two ccs to GP FoR SERVTCES-|, High court for the state of rerangana at Hyderabad [OUT]

10.Two CD Copies (Along with the copy of order dated 26.03.2025, in W.p.No.786 of 2O22) BSR HIGH COURT DATED:0310412025 CC TODAY ORDER WP.No.20647 of 2022 e -) Ct o ), , \ 1HF- sT4,. =-=\_ \.. .'\. 52 rPF 2025 ,: .- ALLOWING THE WRIT PETITION, WITHOUT COSTS \7 HON'BLE MRS. JUSTICE SUREPALLI NANDA ETITI t20 o DER: . Heard Sri Ch. Ganesh, learned counsel appearing ori behalf of petitioners, learned Assistant Government ' Pteader for Services-Il, appearang on behalf of respondent .Nos. 1, 2, 4' 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. {v1s. 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 2017 and batch dated 23-08-2017 2 sN, I wP 186 2A2 which was repofted in (2020) 1 SCC (L&S) 28, (2019) 10 SCC 542 and in Review Petition (C) No'9 of 201U dt 16-01- 2018 in Civil Appeal No. 10806 of 2Ol!, in the case of State of Uttarakhand and others Vs Habib Khan and others and the same was reported in (2020) l SCC (L&S) 31 (1)' (2019) 10 SCC 545 and basing on the Division Bench Judgments of this Honble Court in W. P' No'8201 of 2016, dt 17-03-2016 and the Division Bench orders of the Honble A.P. Hiqh Court in WP No. 1425 of 2019 dt 15-10-2019 and the orders of this Hon'ble Court in WP No' 17700 of 2016 dt 20-06-2071 as highly illegal, arbitrary, unjust, unconstitutional aqainst 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 c;rtegory for the purpose of commencement of qualifying :;ervice for sanction of pension and other benefits and alsc' gratuity as per the orders of the Honble High Court of Allah;rbad in the case of Smt Krishna Bembi Vs Appellate ar-rthority dt 25.05.2015 to the Petitioners herein end pass" "'

3. The case of the petitioners, in brief, is that the petitioners were initially appointed during the year 1984 to 1988 on daily wage basis as Field Workers under the control of 4tr' respondent' As per G.O.Ms.No.2l2, dated 22.04.1994, as the petitioners have completed 5 years of service with required qualifications, they are entitled for regularization. However, the petitioners service was not regularized and aggrieved by the same, the 3 sli, J _2022 WP 67E petitioners filed W.P. No. 13461 of 2019 and W.P. No: 14242 of 2OL9 for regularization of their services and the respondents regularized the services of the petftioners 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.l2.2O2O 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 4 sli. 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.LL.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 rendered by the petitioners as daily wages from the date of their initial appointment to till the date for commencement of qualifying service as per G.O. tlls. No.156, Finance and Planning (FW.PEN.1) Department, dated 29.O4.19A3, for the purpose to sanction of pension based on the judgment of the High Court in W.P.No.8201 of 2Ot6, dated 17.03.2016 and not passing orders on the proposals of the 4th respondent sent to the 3'd respondent !'ide letter Rc.No.SPl/NVBDCP, Dated 29.11.2OL8 as highly illegal, against the principles of natural justice and clirect 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 serrvice for sanction of pension and other monetary benefits to the petitioners". 5 SN,'J wP 786 2022 5. The relevant para No.15 of the said order dated

24.1L.2O22 passed in W.P. No.7343 of 2O19 is extracted hereunder: "15. This Court onines that e oetition er can not be deorived of his constitutional riqht for pension exceot bv authority of law since pension is not a bountv. but nr6narfv wirhan the ryreariina nf Artiela ?OO-A .rf fha Constitutio 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 Sriyastava and another reported in 2O13 (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 al! the judgments referred to and extracted above, the Writ Petition is altowed ind the Respondents are directed to forthwith process the pensaon proposals of the petationer returned vide Lr.D.A.O.S.A.No.523/ A1l2015-16. dated 13.01.2016 of the 1$ Respondent, and issue the pension payment order sanctioning the pension and pensionary benefits duly computing the service from the date of apoointment of the petitioner 4.e., 22.06.1994 for the purpose of sanction of pension, within a period of 3 weeks from the date of receipt of the order. There shall be no order as to cost. 6 \ SN, J vrP 786 2022

6. A bare perusal of the record also indicates that in pursuance to the orders dated 24.11.2022 passed in W.P. No. 7343 of 2019, the said orders had been implemented and proceedings dated 17.10.2024 in Memo No.2O46lG/2023 of the Secretary to Government, Health, Medical & Family Welfare (G) Department had been issued for computing of service rendered by the petitioners 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 17 .10.2024 is extracted hereunder: "In the circumstances reported by the Director of Public Health & Family Welfare, Hyderabad in the reference 4th cited, Government after considering the matter, the Director of Publlc Health & Family Welfare tq_difCgled_tq implement the orders of Hon'ble Hioh _C!u-G__dt. 24.tL.2O22 in W.P. No. 7343 ot 2OL9, for comoutinq af canriaa th ltat field wbrkers from their d te of aDDointment, for the ouroose of sanction of oension as a soecial case, narc rc r{rilrr ran/ e i

2. This order issues with the concurrence c,f Finance (HRM.V) Department vide their U.O. No.27287 471152/ AL/ HRM.V / 2024, dated : 23.O9.2024". 7 SN. J wP '186 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'6spondents 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 consaderation : (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 24.11.2022 passed in W.P. No. 7343 ot 2O19 (referred to and extracted above), (d) The contents of the Memo No. 2046lG12023, dated 17.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 I I 8 SN, J wP 786 2022 identical relief which the petitioners in the present W.p. No. 786 of 2O2J- are seeking before this Court, The writ petition is ailowed. 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 tifi the date of regurarization for commencement of qualifying service as per G.O. Ms. No.156 Finance and planning (FW. pEN.l) Department dated 29-O4-1993 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 2019 vide its order datert Z4.LL.ZO22 which had even been complied with vide Memo No. 2f.46/ G/2O23, dated L7.LO.2O24. 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 decision on the subject issue and duly communicate the decision to the petitioner. However, there shall be no order as to costs. 7 9 S\J wP 186 2022 As a sequel, the miscellaneous petitions, any pending, in the Writ Petition shall also stand closed. Date: 26.O3.2O25 MRS. JUSTICE SUREPALLI NANDA