T.Narayana v. 1. The State of Telangana

Counsel for the Petitioner : SRI C.RAJA SEKHAR REDDY Counsel forthe Respondent Nos.1 & 5 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 6 : SRI K.PRADEEP REDDY Counsel for the Respondent No.3 : G.P FOR REVENUE Counsel forthe Respondent No.4 : SRI KISHORE RAO PUSKURL, The Court made the following ORDER a-r HON'BLE MRS. JUSTICE SUREPALLT NANDA WRIT PETITION 0,27254 0F 2022 ORDER: Heard Sri C. Raja Shekar Reddy, learned counse! appearing on behalf of the petitioner, learned Assistant Government Pleader for panchayat Raj and Rurat Development, appearing on behatf of respondent No.1, Sri K. Pradeep Reddy, tearned Standing Counse! for Zilla Praja Parishad, appearing on behalf of respondent Nos.2 and 6 and Sri Kishore Rao puskuru, Iearned counsel appearing on behalf of respondent No.4.

2. The etitioner filed the writ oetition seekin q the foll owlno relief : "... to issue an appropriate Writ, Order or direction preferably one in the nature of W rit of Mandamus and to declare the action of the respondents for not regularlzing the services of the petitioner as Office Subordinate though he was completed service more than 32 years since his appointment i.e from 13-07-1989 and also not issuing regular Annual Grade Increments from the date of hls promotion as Full Time Sweeper i.e. from 25-10-1993 to till date the said action of the respondents is highly illegal, arbitrpry, unreasonable discriminatory and also in violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of 2 v' z:zso India ; rd declare the same as bad in latv and conseqreltly dlrect the respondents to regularize the serr,,i::e: l he petitioner as Office Subordinate front 25 10- 1993 ar c sanction regular Annual Grade Increment:, for whiclr t it petitioner is entitled and with all conseouertial and attr rdant benefits and to pass...".

3. The cas3 of the petitioner in brief, is that tTe petitioner was given al Fointment as Part Time Sweeper on 21.Ct7.1989 as there was n ) vacancy oF Attender and later the p,ltil:ioner was promoted as ir Full Time Sweeper on 25.10.1993 ard new scale was grante( to the petitioner by the 4th respordent vide proceedinqs lated 10.11.1993 and in the me;ln''vhile, the petitioner has passed Intermediate on 19.07.2002, The services of the petitir:ner were not regularized but where;ts one A. Narsimulu, ! eme Part Time Sweeper services wer,: regularlzed vide procee,lings dated 13.06.2013 by the very same CEO, Medak Distr c t. The 2nd respondent issued pror:et:dings No. B4l2844,tgB,,lated 15.08.2004 sending proposals tral: Full Time Sweeper,,vil De converted as a Last Grade Employee's and also to issue RPS 999 in the Last Grade Service and sent particulars to the 1't respondent but it was not acted upon. 3 SN, J wP 27254 2022 3 (i). The petitioner's further case is that though the petitioner is working since 1989 and promoted from pTS to Full Time Sweeper in the year 1993 and even after completion of 32 years of service, the services of the petitioner were not regulized though there are several vacancies due to the retirements. The petitioner has been making representations from 20t2, 20L4, 2076, 2077, 2018, 2OL9 before the 2nd respondent for regularization of his services and also for the regular Annual Grade Increments from the date of his promotion as Full Time Sweeper. The petitioner submitted representations dated 25.07.2027 before the 3d respondent, on 15.03.2021 to the 5th respondent and the same was forward to District Educational Officer, Medak on 16.03.2021 who in turn issued a letter dated L7.04.2021 to the 2nd respondent requesting for taking necessary action but the 2nd respondent kept the proceedings abeyance and not taking any action. Aggrieved thereby the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE REC RD. 4 SN, J \t P 2t'254 2022 (A) The Lr.No. 1103/ALl202t , dated L7.04.20 1of the District - Edu ationa I officer (FAC), Med District thr: respondent No.2 is extracted hergundCl: GOVERNMENT OF TELANGANA EDUCATION DEPARTMENT Fro m A. Ramesh Kurrrr, M.A., B.Ed., District Educat cnal Officer (FAC) Medak Distr ict To The Chief Executive Officer, Ztlla Praja Parishad, Medak District. Lr_.N S . 1103 I Att2()zr. Date

17.()4.20 2L Sir, Sub: School Education - Sri T. Narayana Office Subordin rte, MPPS, Kodapaka (V), Papannapet (M', t4edak District. Fr.equest for release of Annual Grade Incre m'lnts - Proposals' forwarded - Reg. Lr.No. OW.No.9O|2O2L, dated 16.03'20i 1 rf the Ref: Head M r:rter & Complex HM, ZPHS, Kodapaka (V), Papan.laI et (M), Medak District. &&& I am t,er :rvith forwarding the proposals to sanctio'r Ar nual Grade increments in -espect of Sri T.Narayana, Office suborrlinate, MPPS, Kodapaka(V), Iapannapet(M), Medak District received fronr the Head Master &.'Corrrlex HM, ZPHS, Kodapaka(V), Papannapetl M), Medak District vlde rt f:rence cited for taking necessary action in tl-e matter' The origirral Service book of the individual may tre pleased be acknowledgec, Encl: (As Abo 'r') Yours fa ithfullY (Sd/-) A. Rame:;h Kumar District Educational Officer (FAC), Medalt Ctistrict. Copy to the ir dividual concerned. Copy to the HV, ZPHS, KodaPaka (V), Papannapet ( 4 ), f.4edak District. 5 SN, J wP 27254 2022 (B) h N 2 1 61 da 24 9.2 1 h o cer to the Chief Exec utive offi Sanqareddv is extracted h lleun e M a d r, Zalla Prata Pa rishad, I OFFICE OF THE ZILLA PRAIA PARISHAD MEDAK From Sri M.V. Sailesh, MBA, Chief Executive Officer, . Zilla Praja Parishad, Medak. To The Chief Executive Officer, Zilla Praja Parishad, Sangareddy. r.N 2 1 2 D

9.2 Sir, Sub- Estt-Zpp Medak - Last grade services _ proposals for sanction of AGI of Sri. T. Narayana S/o. Durgaiah working as Office Subordinate, Mpp School at (odapaka(V)- of Papannapet (M) of Medak District Sanction of Annuai grade Increments from 25.10.1993-Forwarded _ Reg. Ref:- Lr.No.1103/At/2027, dated. t7.04.2021 of the District Ed ucational Officer, Medak. &&& With reference to the Subject cited, the District Educational Officer, Medak has forwarded the proposals for sanction of Annual grade Increments in respect of Sri. T. Narayana S/o Durgalah working as Office Subordinate, Mpp School at Kodapaka (V) of papannapet (M) of Meda k District. on verification of the proposars of the Individuar, it is found that, Sri.T.Narayana, Office Subordinate, annual grade increments are due from 25. 10.1993 to till date. As such the p.roposals for sanction of Annual grade Increments from 25.10.1993 in respect of Sri.T.Narayana S/o. Durgaiah working as Office Subordinate, Mpp School at Kodapaka(V) of papannapet (M) 6 SN, J \'!P 27254 2022 of Medak DiStI (t are hereby forwarded for taking necess;ar/ action in this matter. Encl : 1. DEO L 3tte r.

2. Origir,rl Service Register of the individual Yc u r,; fa ithfu lly, Chief Exer:ut ve Officer, Zilla Prala Parislrad, Medak (c) The int m ord w.P No. 2'7254 of 2O2 extra ed hr:lc-ul1dct:

6.202 in favour of the oetit ioner is " -earned Assistant Government Pleader for lletvices- II has; (ontended that the request of the pett on:r for granting interim order on the basis of proposals slbrnitted by DEO, vledak District. to the Chief Executive Officr:r rCEO), Zilla Pr 3ta Parishad, Medak District, unce- letter No,1103, l112}2] dated 17.04.2021, cannot be cr'nsidered unless tl'e DEO, Medak District, is made a party res[)or dent' I he petitioner is directed to implead DEO, Nle(:ak, as respondc rt, by the next date of hearing. I l-ere shall be interim direction to respondr:nt Nos 2 to 6 to Iess orders on the proposals received by tren vide letter N ) 1l}3lAU2O21 dated 17.04.2027 addrr:ssed by DEO, M':rjak District, and letter No.B2/1267120 11 dated 24.09 2( 21 addressed by the CEO, Zilla Praja Pa'ishad' Medak, rt the CEO, Zilla Praja Parishad, Sanga Redtly, within a period of four weeks from todaY. I c st on 1O Oa.2O22". 7 SN, J wP 27254 2022 DI cus IO NANDC ON CLUSIO N:- 5. The learned counsel appearing on behalf of the petitioner submits that though this Court passed interim order dated 29.06.2022, as on date no orders have been as per the directions of this court. Therefore the writ petition needs to be allowed, as prayed for. .passed

6. The learned Assistant Government pleader for panchayat Raj and Rural Development, appearing on behalf of respondent No.1 submits that the interim order granted by this Court on 29.06.2022 may be made absolute and the present Writ petition disposed of in similar lines.

7. A bare perusal of the material on record clearly indicates that proposals had been sent by the District Educational officer (FAC), Medak District vide letter No.LtO3/AU2O2L, dated 17.04.2021 to the 2,d respondent for taking necessary action pertaining to sanction of Annual Grade increments to the petitioner herein, who is working as Office Suboridnate, MppS, Kodapaka Village, papannapet (Mandal), Medak District and also the proposals have been forwarded vide Lr,B2/L26L/202I, dated 24.09.202L by the Chief Executive Officer, Zilla praja parishad, 8 SN, J \\tP 21254 2022 Medak Distric: to the Chief Executive Officer, Zilla Pr;rja Parishad, Sangareddv irr taking necessary action in the natter duly stating that t t,: Annual Grade Increments of the petiliorer herein are due with l''fect from 25.10.i993.

8. Takingjntoconsideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learne<i counsel appearing ,nnr behalf of the petitioner and the learned Assistant GDvernment Pleader for Panchyat Rai and Rural Development, appearing on behalf of respondent No.1, (c) The contents of proceeding:s vide Lr.No,11O3,'AL/2021, dated 17.O4.2O2L ol the District Educational Officer (FAC), Medak District issuerd to the respondent No.2 (referred to and extracted above), (d) The contents of proceedings vide Lr.No.B2l11251, dated 24.09.2O2t of the Chief Executive Officer, Zilla Praja Parishad, Medak issued to the Chief Executive Officer, Zilla Praja Parishad, $angareddy, (referred tc and extracted above), 9 SN, J wP 27254 2022 (e) The interim order granted by this Court on

29.06.2022 (referred and extracted above), The Writ Petition is altowed as prayed for. The respondent Nos.2 to 6 are directed to pass appropriate orders in accordance to law as per the instructions issued vide Lr. No. 1 LOg / At / 2021, dated L7.O4.ZO2L addressed by District Educational Officer (FAC), Medak District to the Chief Executive Officer, Zilla praja parishad, Medak District, and vide Letter No.B/L26L, dated 24.09.2021 of the Chief Executive Officer, Zilla praja parishad, Medak issued to the Chief Executive Officer, Zilla praja parishad, Sangareddy within a period of two (2) weeks from the date of receipt of a copy of this order, However, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand closed. //TRUE COPY// SD/- P. PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER To W SA Telangana at Hyderabad 'l . The Principal Secretary, Panchayat Raj Departm , Secretariat, State of z. rhe C"rrieieiecirtive office r,Zilla Prala Parishad, Medak District. 3. The District Collector, Medak District. 4. The Mandal Parishad Development Officer, Papannapet, Medak District. 5. The Head Master (FAC) and Complex H.M.,' ZPHS Kodapaka Vilalge, Papannapet Mandal, Medak District.

6. Td Chiei Executive Officer, Zilla Praja Parishad, Sanga Reddy District 7. Two CCs to GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUTI

8. One CC to SRI C.RAJA SEKHAR REDDY, Advocate [OPUC] 9. One CC to SRI KISHORE RAO PUSKURU, Advocate (OPUC) 10.One CC to SRI K.PRADEEP REDDY, Advocate (OPUC) 11.Two CD Copies , C.C. TODAY --a s T.A Ie' a a o L- I t .'.1 ?t25 C -,i HIGH COURT" DATED:23104.12025 ORDER WP.No.2725a 6 2022 ALLOWING ''I'il-IE W.P WITHOUT COSTS. 1,fl b b b\- l I i I I I i I I l I ; t I I I t I I I t I t I i ! t I I