✦ High Court of India · 30 Jan 2025

OlO. The services of Sri v. Srinivas u,ho r,r.as alsc.r appoirrted in

Case Details High Court of India · 30 Jan 2025
Court
High Court of India
Decided
30 Jan 2025
Bench
Not available
Length
1,797 words

Petitron .under Article 226 of the Constitutron of lndia prayin'1 that in the circumstances staLted rn 1ie-affidavit filed therewith' the High ()ourt may be pleased to issue a wrtt' order or direction more particularly one ir the nature of p'o""tdinns in Piocs No A1/1 1912019 writ of mandamus dec "'';;;;""'";;;on dated istlOtz0ie issued ;'r'l;"":;i'i";$""g""t rJiectins the representation of thePetitionerSforreEllarizalionoftheirservicesasillegal,arbitrary.contraryto the weil settted p,rincpr"'ifiri'rir p"rsons similarly situated shor.rld be treated uiot'ti'" of the principles anc law laid down similarly under service f "itpt'*Oln"L' by the Honble suprerne Ci'it in Uma Devis case. ieoorted in (21106) 4 SCC 1 in (zoool 2-scc 74i' violattv': t:rf principles of and in c Lalithas ",,t' 'Jp'JttLi 14' 15' 1g and 21 ot thr: (.)onstitution of natural justice ano violativ[ "inttitf" lndia and consequently to ao""t the Respondents to regulariz': the.services of and attendant benefits; while setting the Petitioners a ong *'ti in respect of all the Pe'titioners dated "ont"q'"ntial aside the impugned "o"on-p*Ledings 1811012019. lA NO: 1 oF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit titeO rr supiort'Jttfre p.iition,.in" Hioh Cr.,urt nral be pleased to Suspend the conrmor' pt;5;ltg; it'P'ocs No A.li11gt2o1g dated 18/10/2019 issued by the 3rcl R"tp";;;;';iile directing the 3rd Responclerrt to reconsider the reg u la rizatio rrs of tne servic"s of the Pelitloners on par with other similarly in the year '1 997 and .1€r99 and whose situated persons wno were appointed ."iui.". were reglularized from time to time' Counsel for the l)etitioners: SRI' T SURYA SATISH Counsel for the llespondents: GP FOR SERVICES lll The Court made the'following: ORDER . o HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA trrRIT PETITION No. 249a9 OF 2019 ORDER: Heard Sri T. Surya Satish, learned counsel for petitioners as well as Sri Syed Ishaq, learned counsel representing Sri Syed Ibraheem Anwar, learned Standing Counsel for respondents.

2. Alt the petitioners :rre daily wagc employees/NMRs working in the 4th Respondent - Agency and they were duly selected and sponsored by the Employment Exchange, Eturunagaram, the then Warangal District, nou, Mulugu District. The ITDA, Eturunagaram uide rrremo dated 10.1 1.1999 decided to organize various training programmes in ITDA, Eturunagaram to attracl thc unemployed youth and also generate employment and gain confidence among the tribal to improve proficiency and the proceedings clear$ show tl-rert all the petitioners were registcrcd with sub-employment exchange and had undergone training and they were appointed as Section Assistants. t \ 2 \ 3 Pct ilitners 1, 3 and 4 $rere aPPoir'tc'l rcguizrrizcd ancl thcY

10.1 I .1999 as Section Assislants rvhile Petitior-r':r No 2 s'as approir-rteci as dr veI on 10 11 1999' AII the 'Petitior-rcrs bellng to Schedulecl Trilr" 'Lambada'' Petitioner No 2 corr plcled intermedial,:. P( tilloner No' 3 completed B A' and Peti[ioner No' 4 post gr:rci rate 'lcgree in M A A11 of them completed rtore lhan but however, their services 1^ e1-e not 1C r-ears t>1 s:rvrce, were continued on daily 'rrage s Lhough were made bY them, in sPite c I r:lear man-\' rePr(lsentrtions vacilncie s e xist rlg in the 4ft Respondent The note file prll tce d as Ex.P15 irorn palie 50 more particularly at Page 5(r shorss cletzrils ol t.he employe'li, $rho were appointed on daily r'''agc s;pt nsored bv s,-rb ctit:tiov rtcnl exchange and the names of l)etitiotrc rs $.ere su trsc:ir:ctrtlY also shol't-t rt itlr other employe es' who regnlarizt:i. R' r sPondents though aPPointed M:; Bai bclonging to 'Lambada' tribe as trarne': Charn -1rakala tv pris on a \vc r€ cclrrsolidat:d.anlountofRs.2,o00/-permonthinlggTit.;elfwas regi-rlarizc rl arLri appointed as Junior Assistan:-r:urn T"'pist in the existing va(:ancy of PETC, Eturunagaraln in t'lrms of 32, dated 20.02-1986 and a regular scale uas gtven G.O.Ms. No \ J to her. They also appointed Sri. A. Thirupathi who belongs to ST-Lambada and who was also sponsored by the employment exchange on 16.08. l99Z as Computer Operator and Typist in the 4th respondent on daily wages, was regularized in the existing post of Junior Assistant cum_gpist ujde proceedings dated 27.7O.2010. Subsequently, Sri T. Somani, ST_Lambada, who was also sponsored by employment exchange on 07,05.1998 as Scction Assistant on daily wages \r.as rcgulartzcd as Junior Assistant and posted as such uide proccedings dated 27.lO.2OlO. The services of Sri V. Srinivas u,ho r,r.as alsc.r appoirrted in 1999 on daily wages and ,r,ho is zr non t,bal was regularised and he was appointed as Junior Assistant and even was promoted as Senior Assistant. Respondents had also regularized the services of Sri Bala Swam-1. u,ho was also appointed in 1999 on daily wages and who is a r-ron_tribal and appointed him as a Junior Assistant. presenthr, he resigned and -service. Likewise, Respondents appointed. Mr. Mallikarjun in 1999 as Worker who is a r-ron_tribal and his services were regularized as Attender and he is u,orking as such even today. I \ I 4 As Ll'e scn/lces of petitioners were nc t regr-Lla rizcd I were cons ide rc':l and n'hile similarh-';iruated persons one Mr. B. Murzrli u'e re reqrLlilnze r'1, peiitroncrs along rt'ith 4577 of 20 13 u'hic} r u'as consrraincd to | 1'' Writ Petition No <lispc-,scd ol ot' 2't 02 2019 directing respondents t() colrsid'jr the cases of per tiore rs lor regularization of their sen ices in [e rms of tirc jrrdrinrctr of the Hon'ble Apex Court h State of Karnataka o- Llmadeuil, within six weeks frorn thc d ate of Unfortunately, the said Murali t:xpirecl in rcce iil I cl tlrc o-rler 20 l8 pencllng h :; i:equest for regularization Sincr: Rcsllorrdents tailc,cl to co'rsicl :r and pass appropriate orders irl tcrn'rs ol thc rlir-r:ct.ions cf th.s court, petitioners 8ot issued c''ntcml)t notictr clat..cl 28.1rl 2C 19 zrnd in reply' the 2"d respondcnt b\ lctter rliirccl 0ll I I 2( !l had informed that they passecl rtr'ler ot-r i8.i0.2O1()'inpugnedinthisWritPetition'rejet:tirrgLhe requcst of peti ioners' Qucstioning the said pro':eeclirlgl' d'rtcd 18. I0.201! - rh s' Writ Petition is ftled' Irr Ihc counter filed by Responde nts' lh lJ' had ,i. clcarl-v acltnittt ti selection of petitioners and re:gular izi: tio n of ' (20u6) 4 slLlc - ] t *tqrr. IF .ltt .a ) services of B. Chandrakala Bai, A. Thirupathi, T. Somani, B Srinvias, D. Balaji Swamy, Mallikarjun and Shvalinger Prasad, but they did not extend the same benefit to petitior-rers though they are admitted to be in continuous service since 1O.1 i. 1999 till date except petitioner No.2 who was removed in 2005 and reappointed rn 2OO7 . Similarly-situated persons have Lo be treated similarly as laid down by the Hon'ble Supreme Court in Stdte of Karnataka a. C. Lalithc2. In vien' ol the s:rmc, respondents ought to have regularized the sen,ices o[ petitioners as well on par with others which fact v,,as clearlv admrttt'cl iri their counter-afhdavit.

6. Further, the Hon'ble Supreme Cour[ in Urna Deui's ccrse (supra) distinguishes between appoinLmcnts th.lt are illegat and those that are irregular, the latter being eligible for regularisation if they meet certain conditions. It [ras been further held that one time exercise of rdgularizzrtion lo be done for personnel employed on temporary basis / dail-r. u ages, etcetera, who have rendered continuous service for morc than 10 years. Learned counsel for petitioners also relied on the ' (2006) 2 scc 747 6 jurlgmetrt ol tlr,r Hon'ble Supreme Court in Shrtpat a. Nagar Nigam, Ghazt abads wherein also the workmen continuously rerrdererl thci;- seivices ovcr several years, sometime s sllanning morc tharr a ril cade. The Supreme Court conside ring the judgmcr.ri:.. renlered by it earlier in Utnadeui's case, J'aggo a. Union of Inat.ia (2024 SCC Online SC 382(,) dirccred the empl()-\'e r to iriiiatc a fair and transparen t proc,)ss for rr:gri[;l-i -"in r] I h r rgorkmen lvithin six months fr,trn 11'," datr: of reir)sLatcnr.rirt, cii.rl1. considering the fact that t.r.c.,, have pcrfo:-mcrl pcrr rrni:rl municipal duties akin to permancn - dosts. 7. lrt r ics, of the scttled larv on the subject, thirj Court is iri the o1-init: i t l-rat petitioners are e ntitled for t]-rc relrel soughL lol-.

8. Tir,- \Vrit Petition is accordingly, allou:ed, seLting arsicit liLr: i;r,.l,,--cdings dated 18.1O.2019 issur:d g1r 116 Jrrr resl--\ondont. Rt:spi>ndents are directed to regularise the :,crvices of petitionr-,rs fr r thu,ith. No costs. l0:i \t-(,- irnlirc S( l.ll \ I 7 9 . Consequen tly, miscellaneous Applications, if any shall stand closed. To, //TRUE COPYII SD/.P ASSIS . PONNA KRISHNA TANT REGISTRAR SECTION OFFICER Telangana, Secretariai. Hy,j"rrOaO.' 'l . The Principal Secretary,,Department of Tribal Welfare/Social Welfare, State ot 2 The Commissioner. Te.lang3na Tribal Welfare Department. D.S.S. Bhavan 3 The Proiect officer rrDA Eturnagaram, Erstwhire warangar District waranoar - Erurnagaram Rd, AkutavariGhrH;;:iril*.Mutrg District _ 506.16s 4 The lntegrated Tribal D "iif,jdJ:ili,?;fl opp- Chacha Nehru park,"M";"b i;;i,: ;iy;!,IFlo_sz #3p,ff :f tpi'i:,.ifl ',ffi?l];B,,sr?t:*yJff I',., ,.8[rjH.r* Rd, Akutaviri Cnr*Jriilr]'r.r"*'r,irrrg Dislrict Waransat Urban 5 The District Tribal Developme.nt Officer, Erstwhile Warangal (U) District 6 One CC to SRt. T SURYA SATISH Advocate [OPUC] 7. rwo ccs to GP FoR .ERVT.ES ,r ,High court for the state of rerangana at Hyderabad. [OUT] B. Two CD Copies 9. One spare copy GK BS CHC HIGH COUR.T DATED:3 010112025 ..,..-'..- iE 6- ,1i t- o ^' .1 /::'^ \\ //ii , !:) tt N Mi{t ',1, \--)' r' j. ;:"- '-:: : ---. *.'. '' *- '''^ .y' -- ORDER WP.No.24989 of 2019 ri) ALLOWING OF THE WRIT PETITION WITHOUT'COSTS

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