A.Yadaiah v. riat Buildings, Hyderabad - 500 023

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to forth with direct the respondents to reinstate the petitioner in to service by suspending the operation of the tmpugned rermination order issued in Proc.No.A/M.BrN.M.Rr2024, DT-11-03-2024 0f the 3rd respondent, pending finar disposar of the main w.p, as otherwise the petitioner wi, be put heavy and irreparable loss. lA NO: 2 OF 2024 Between: 1 2 3

4. AND The State of Telanoana Rep. by.its principal Secretary. panchayat Rai and Rurat Deveropment-1wrs.iry o'epi'se.ieir;ii Hyderabad - 500 023 - in- Chief, Mission Bhagiratha Circte Natgonda, Natgonda 'rlilil;'., Ilr:r,5ln'"""r f,leSunerintending Engineer, Mission Bhagiratha Circle. Nalgonda, Natgonda ilTr""r3*" TffiE*n ,T:,,V,,:fer, tvtission Bhasiratha rntra sub Division, A.Yadaiah, S/o Ramulu, Age. Executive Engineer, Miss]on Nalgonda District. 50 Years, Occ. NMR pump lVlechanic. O/o Dv. Bhagrratha lntra Sub Division, Munugode, ...PETITIONERS ...RESPONDENT I I I I I l I i -J Petition under Section 151 CPC Pra in the affidavit filed in support of the petitio vacate the lnterim Order dated 28-06-2024 ing that in the circumstances stated , the High Court may be pleased to assed in W.P.No.16036 of 2024 Counsel for the Petitioner: SRI ARVIND KU AR KATA Counsel for the Respondents: GP FOR SE vtcES-il CONTEMPT CASE NO: 1787 OF 2024 Petition under Sections 10 to 12 of ntempt of Courts Act 1971 praying that the High Court may be pleased to puni their willful disobedience of the Orders dat h the Respond ents/Co ntem no rs for d 28.06.2024 in W.P. No. 16036 of 2024 Between: A.Yadaiah, S/o Ramulu, Age 50 Years Executive Engineer, IVlissibn Bhagira Nalgonda District Occ NMR Pump Mechanic, O/o Dy. ha lntra Sub Division, Munugode, AND 1 Sri Lokesh Kumar D.S., IAS, Princi Panchayat Raj and Rural Developmen Hyderabad - 500 023.

2. Sri G. Krupakar Reddy, Engineer -i Nalgonda, Nalgonda District

3. Sri K. Suresh, Superintending Engineer, Nalgonda District

4. Sri Mujib, Dy. Executive Engineer, Mi M unugode, Nalgonda District ...PETITIONER al Secretary, State of Telangana, (MB.ll) Dept., Secretariat Buildings, -Chief, Mission Bhagiratha Circle, Mission Bhagiratha Circle, Nalgonda, sion Bhagiratha lntra Sub Division, ...CONTEMNORS Counsel for the Petitioner: SRI ARVTND KU AR KATA Counsel for the Respondents: GP FOR SER cES-il The Court made the following: COMM N ORDER -. THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION t{o. 16 o36 of 2o24 CONTEMPT CASE No.l787 of 2o24 COMMON ORDER: Since thc /ls in both the maLters is inter se related with each other, they arc taken up together and being disposed of by this common order 2l W.P. No. 16036 of 2024 is filcd seeking the following relief: I.r "... declaring the action of thc respondents more particularly action of the 3',r respondent in issuing the Impugned proc.NoA/M.B/N.M.R./ 2024, DT:ll-03-2O24, .rhcretn terminating the service ol the l)etitioner from the post of NMR l)ump Mechanrc from the olfict. of the 4rr respondent, under instructlons of resltondent vide Govt.Memo.No.539 lMB.ttl2O2l, D'l': I I 0l-2024 and CircLrlar Memo No.WCD.MB/ 2050 l2O2l,D1.:O2-O2,2O24 of the 2nd respond(:nt, and set aside the same, by declaring the sarne as rllegal, trrbitrary, unconstitutional being violative of all principles of Natural .jLlstice sincc no notice or opportunity was given the petitioner and consequenth, direct the respondents to relnstate 'the petitioner into service and consider the case of thc petitioner b], regularizing his services by excluding the [3oy Servicc as u,as done in case of sin.rlarly placed persons, with all consequcntial benefits, as otherwise the 1)ctitioner will be put to heavy and irreparable loss." 3) On 28.06.2024, this Court has granted interim orders in favour of the pctitioner suspending the impugned tcrmination order dated I).O3.2024 iind directing to reinstate thc petitioner into service fort hrvi tl-t ') PK, J wp 16036.-2024 & CC t7B7 2024 4) Alleging willfui disobedience f the said interim order. the petitioner has hled C.C. No. lZgT ot 024 5) Heard Sri Aravind Kumar petitioner, and learned Govern appearing for the respondents. ta, learned counsel for the nt Pleader for Services_ll 6) Learned counsel for the petitio was engaged as NMR employee w.e petitioner and others have filed W. regularization of their seruices and this Court on 04 .72 .2O2O permittin fresh representation seeking their servlces rn view of the law laid down nt State of Karnataka a, uma Deui petitioner has submitted his represe er submits that the petitioner f.O1.06.1989. While so, the No.26683 of 2O2O seeking e same was disposed of by the petitioners to submit a claim for regularization of the Hon'ble Supreme Court Pursuant to the same, the tation. As the respondents have not implemented the orders of is Court, the petitioner has liled C.C. No.17O of 2021. While so, impugned termination order dated 1 regularization of services of the petitio notice, which is illegal, arbitrary and natural justice. Learned counsel petitioner never suppressed or misrep spondents have issued the O3.2O24 only to deny the er without issuing any prior in violation of principles of further submits that the esented about his age and I 2006 (4) SCC 1 - -J PK, J !vp_r6o36 2024 & CC l7A7 2024 in view of requirement, the respondents have taken the petitioner into service without undertaking any selection process and u'ithout asking any age proof from the petitioner and now after rendering 35 years of service, the respondents have terminated the services of the petitioner without giving reasonable opportunity of hearing and mainly on the ground that his services were engaged at minor age and the same is in clear violation of principles of natural justice and also amounts to unfair labour practice. Learned counsel further submits that the impugned termination order is passed without conducting any enquiry as required under the law and the same is contrary to the law laid down by the Hon'blc Supreme Court in V.P. Ahuja u. State of htnjaffi and Jasutanth Singh Pratap Singh Jadeja u. Rajkot Municipal Corporation3. Therefore, the learned counsel prays this Court to pass appropriate orders by setting aside the impugned order dated 11.O3.2024. 7l Per contra, the learned Government Pleader appearing for the respondents contends that as per the available records, earlier, the petitioner was engaged only as a casual labour along with other NMRs in certain project works such as NEP Project work in the then PR Engineering Department and their services were utilized based upon the nature of work and requirement. Learned , AIR 2000 sc 1080 3 2OO8 (1) SCC L&S 49 4 PK, J wp 16036 -2024 &CC 17a7.2024 l l \l \ Government Pleader further submits that no records are available in Mission Bhagiratha Department s regards initial appointment of the petitioner in the then parent d partment i.e. PR Engineering Department for the period from O1.O 1989 to 06.08.1994 and the petitioner u,as again reinstated into ervice on 06.08.1994 as per the orders issued by the Labour Co t, Hydcrabad, in I.D. No.41O of 1993, dated 25.10.1993 and ince then the petitioner 1S continuing in service in PR Engineeri g Department till 31.03.2OO8 and from 01.O4.2OO8 in Mission Bh atha Department i.e. since its formation. Further, the petition along with four others filed W.P.No.22683 of 2O2O for regularizat on of their services as per the orders of the Hon'ble Apex Court i llma Deui's case (referred supra). He further submits that th petitioner has not completed five years of continuous service as

25.11.1993 as required for regularization of his services in term of G.O.Ms.No.212, Finance & Planning (FW & PC.III) Department dated 22.04.7994. As such, the Government vide its Memo No. 74lMB-trl2o2 1-2, PR & RD (MB.ll) Department dated 24.O2.2O2 has rejected the proposals for regularization of services of the etitioner on the ground that the petitioner was engaged at mino age i.e. he u,as engaged on O1.06.1989 while his date of birth i

09.03.1972, as evident from Transfer Certificate No.073487 issu d by the District Education Officer, Nalgonda, and Aadhar of e petitioner. Therefore, he - -5 PK, J wp-t6036 2o',24 &,CC l7A7 2024 contcnds that there are no merits in the writ petition and prays to dismiss the samc 8) This Court has taken note o[ rhe submrssions made bv respectrve parties and perused the material on record. 9) As can be seen from the record, admittedly, the petitioner was cngaged or-r 0 I .06. l9U9 and after rendering 35 years of service, respondent No.3 has issued the impugned termination order, dated I1.O3.2024, on the ground that petitioner,s initial appointment i\Ias at minor age. Further, as evident from the impugned ordcr itself, the same was issued merely at the instance o[ respondent No. 1, u,ithout conducting any enquiry or issuing an1, prior notice to the petitioner or affording any opportunity of hearing to the petitioncr. whir:h is in gross violation of principles of natural justice. l0) This Court as well as the Hon,ble Supreme Conrt in catena of cases have helcl that the principles of natural justice arc inviolablc and fundamental to the rights of the parties to be hcard before any orders are passed and the Courts under Article 226 ol the Constitution of India can exercise judicial power to review the decisions made by the subordin ates f quasi judicial authorities to see whether the principles of natural justice are violatccl or not and -6 PK. J rvp 16O36 2024 & CC-1787 2024 whenever warranted the Court will step-in to correct the same The power of judicial review has een held to form the basic structure of the Constitution and the said power cannot be controlled or excluded by any provis on of Statute or Rules made thereunder. 11) Further, in Stcte Bank of Ind vs. M.S. Basi & Ors.a, the Hon'ble Supreme Court has held as der:

4. It is not disputed and as is clear m the subsequent order dated 3-2-2OO4 passed by the High Court that the impugned order dated 30-1- 2004 was passed without affording the party adversely affected i.e. the appellant before us, an opportunity of h aring- For this short reason, the impugned order deserves to be set aside 121 Insofar as the second limb o prayer of the petitioner for issuing suitable directions to the spondents to regularize the services of the petitioner ls concerne , this Court is of the view that the present writ petition ollerates S res judicata in this regard since the said issue was already rais d by the petitioner and dealt with by this Court in W.P. No.2268 of 2O2O. Therefore, no such direction can be issued by this Court in the present writ Petition 13) For the afore mentioned reaso s and in view of the law laid down by the Hon'lcle SuPreme Co t in the judgments referred 4 (2004) l1 SCC 347 -7 PK, J wp 16036 2024 &. CC 1787 2024 supra, the present impugned order cannot be sustained, liable to be set aside and is accordingly set aside. 14) [nsofar as the Contempt Case is concerned, learned Government Pleader submits that seeking to vacate interim order datcd 28.06.2024 passed by this Court, the respondents have hled vacate stay application in the main writ petition and therefore the interim order of this Court was not complied with and the petitioner could not be reinstated into service but not wantonly. Having regard to the above made submission, this Court does not hnd any willful disobedience on the part of the respondents. 15) ln the result, the Writ Petition is allowed and lhe Contempl Case is closed. The respondents are directed to forthwith reinstate the petitioner into service Miscellaneous petitions pending, if any, shall stand closed. No cosLs. //TRUE COPY// To,

1. The Principal Secretary, Panchayat Raj and Ru Secretariat Buildings, Hyderabad - 500 023. Sd/. A. PRATHIMA REGISTRAR \ ON OFFICER (tv B ll) Dept.,

2. The Engineer - in- Chief, Mission Bhagiratha Circle Nalgonda, Nalgonda District.

3. The Superintending Engineer, [Vlission Bhagiratha Circle Nalgonda, Nalgonda District.

4. The Dy. Executive Engineer, [\/ission Bhagiratha lntra Sub Division Munugode, Nalgonda District.

5. Sri Lokesh Kumar D.S., lAS, Principal Secretary, State of Telang Panchayat Raj and Rural Development (tt/B.ll) Dept., Secretariat Build Hyderabad - 500 023. ana, ings,

6. Sri G. Krupakar Reddy, Engineer -in -Chief, [Vlission Bhagiratha Circle, Nalgonda, Nalgonda District -

7. Sri K. Suresh, Superintending Engineer, Nalgonda District B. Sri Mujib, Dy. Executive Engineer, Mi Munugode,Nalgonda District

9. One CC to SRI ARVIND KUMAR KATA,

10.Two CCs to GP FOR SERVICES-II, Hi Hyderabad [OUT]

11.Two CD Copies lt/ission Bhagiratha Circle, Nalgonda, sion Bhagiratha lntra Sub Division, Advocate [OPUC] h Court for the State of Telangana at BSR PVL 6 HIGH COURT DATED: 2310712025 COMMON ORDER WP.No.16036 of 2024 & C.C.No.1787 of 2024 I (t Ir-14 S14 o 21 A mEU -1 .''.' T : t s, I + J t. !) \.1\. \ ALLOWING THE WRIT PETITION & CLOSING THE C.C., WITHOUT COSTS @w'9 \\\ct",