V. Mallappa, S/o Late v. Nagappa,Hindu, Aged about

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 declare the action of the Respondents in not regularizing the services of the Petitioner is illegal contrary to law and against to Aricle 14 and 16 of the Consittuton of lndia in consequence therroe to direct the Respondents to consider the case of the Petitioner for regularization of services as PUMP OPERATOR in terms of G.O. Ms. 212, dated 22-04-1994 or any other G.O. as applicable in the case of the Petitioner on such regularization to direct the Respondents to pay arrears of the salary to the Petitioner as the Petitioner is going to be retired within a span of one year by issuing Writ of Mandamus or any other Writ or Order or orders or directions as this Honble Court may deem fit and proper in the circumstances of the case. l.A. NO: 1 OF 2016(WPMP. NO: 48810 OF 2016 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 to consider the case of the Petitioner for regularization of service by disposing of the representation of the Petitioner dated 14-12-2015 and payment of regular pay scales attached to the post of 'PUII/P OPERATOR'to the Petitioner pending disposal of the above writ petition. Counsel for the Petitioner : SRI V.V.NARASIMHA RAO Counsel for the Respondent No.1to7:GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent No.8 : -- The Court made the following: ORDER // ,,/ R i i i THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA 1VRIT PETITION No.39611 of 2016 ORDER: The case of petitioner is that he was appointed as Pump Operator on 23.O9.1983 on a meager salary, which was subsequently enhanced to Rs.7,OOO/- per month' The seivices of petitioner are blemishless, and no adverse remarks have ever been communicated to petitioner. It is submitted that petitioner and others were not paid minimum wages until the DiStrict Panchayat Officer, Ranga Reddy District, uide procebdings No.Al/3755/2001, dated 20.ll.2OOl, passed an order frxing the pay of petitioner in accordance with the minimum wages prescribed by the Government of Andhra Pradesh and raised the salary of petitioner with effect from 25.12.2001 . The Government of Andhra Pradesh has issued G.O.Ms.No.212, dated 22.04.1994, G.O.Ms.No.112, dated 23.07.1997 and G.O.Ms.No.39O, dated 27.O8.2013, and according to these G.Os., employees working on the cut-off date are entitled to regr.rlarization of their services. Since, the petitioner was appointed in 1983, he is eligible for regularization of his services as Pump Operator. The petitioner has been serving in Panchayat, Ravirala for the last 3O years, but his services have not been regularized so far by the Respondents, thereby 2 depriving the pension and other pensionary benefits of the petitioner

2. The Government of Andhra pradesh issued G.O.Ms. No. 2 1 2, dated 22.04.199 4 fot regttlarization absorption of Daily Wage/NMR and Consolidate pay employees as per the said G.O. as on the cut-off date 25. 11.1993, one should complete 5 Years of service as full time employee as on 25.11.1993. The Petitioner who appointed as pump operator on

23.09.1983 completed more than 1O years of services as on

25.11.1993,

3. It is respectfully submitted that the Respondents in Warangal District regularized the services of Sweepers and Watohmen under G.O.Ms.No.212, dated, 22.04.1994, through G. O. Ms. No.3 i 5, dated 03.O7 .2O 13. Similarly, in Mahabubnagar District, 122 Night Watchmen-cum-Sweepers were regularized in the same department uide G.O.Ms.No.39O, dated 2Z.Og.2Ol3. The petitioner is similarly situated, working in the same . ',, ' Department of Panchayat Raj & Rural Development, and has comileted more than five years of service as on the cut-off date, .'-.ii as required by G.O.Ms.No.272. Therefore, he is entitled to regularization of his services. The petitioner has been l performing the same duties as regular employees in the Water 3 Works Department, yet is not receiving equal pay., The Government of Telangana has adopted G.O.Ms.No.212 and G.O.Ms.No. 112 for regul arizatiort of employees. Furthermore, under Section 78 of the A.P. Reorganization Act, 2Ol4' the service conditions of employees shall not be altered to their disadvantage. The petitioner is due to retire within one year, and failure to regttlarize his services will result in denial of pension and other retirement benehts to which he is lawfully entitled.

4. Learned counsel for the petitioner relied upon the judgment passed by the Hon'ble Division Bench of this Court, uid.e its order dated O2.O5.2O18 in W.P.No.33936 of 2011 & batch, directed the respondents therein to regularize the services of the petitioner therein from the date of completion of 5 years for the purpose of pensionary benefrts and in similar circumstances, a batch of writ petitions were also disposed in the same lines.

5. Having considered the respective submissions, it may be noted that the petitioner has completed more than 5 years of services as on cut-off date as per G.O.Ms.No.212 and is entitled for regttlarization of services. Furthermore, it may be noted that the petitioner is going to be retired within a span of one year t t 4 .,r.,, only, if the seruices of tf deprived of his pension and other benehts, _ ,-re petitioner is not regularized, he will be

6. In the light of the judgment of the Hon,bie Division Bench of this Court in W.p.No.3393 6 of 2017, this Writ petition is disposed of directing the respondent authorities to consider the case of the petitioner for regularLation of his services from the date of completion of five years from his appointment as per the norms prescribed in G.O.Ms.No.212, dated 22.O4.1gg4 for the purpose of pension and pensionary benelits and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date ofreceipt ofa copy of this order. Miscellaneous petitions, if any, shall stand accordingly c Iosed. //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR SECTI hk.,".* ( I To, '1. The District Collector, (Panchayat Raj Wing) Ranga Reddy District 2. The District Panchiyat Officer,' Ranga Reddy District, Lakdi ka 3 The Panchayat Officer, Ranga Reddy District, Nampally Station 4. The Corirmissioner, Panchayat Raj and Rural Employment' Telangana State Pool,Hyderabad. 'DMisional Road, Hyderabad. Secretariat, Hyderabad

5. The Principal Secretary, Panchayat Raj and Rural Development, Secretariat, State ofTelangana, Hyderabad - 500 004.

6. The Panchayit Secr6tary, Raviral Gram Panchayat fi/laheswaram Mandal, R. R. District

7. The Extension Officer, Panchayat Raj and Rural Development (PRandRD)' lt/aheswaram Mandal Parishad, R.R. District

8. The Principal Secretary, Finance and Planning Dept., Secretariat, State of Telangana Hyderabad.

9. One CC to SRI V.V.NARASIMHA RAO, Advocate. [OPUC] 10.Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV (TG) ,High Court for the State of I elangana. [OUT] 1'1 .Two CCs to GP Fon FtunNce & PLANNING, High Court for the State of Telangana at Hyderabad. [OUT]

12. Two CD CoPies BSK BS \,* t e t r lt: t\ .r,.i /-) (J ,) 23 tlJE 206 t . Sr,. r ,/ HIGH COURT DATED:2310412025 ORDER WP.No.39611 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS :I t; I o IN