Zllla Praja Parishad v. D.Shantbmma

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of wRlT OF CERTIORARI calling for the records relating to and connected with the orderino.A.No.'15590f 20'1 '1 .dated 21tl2t2o120nthefileof theHonbleAndhra Pradesh Administrative Tribunal, Hyderabad by holding as it is erroneous and contrary to law and quash the same as the '1st Respondent rs not entitled for regularization in ternrs of G.O Ms No l12' F and P (FW Pc-lll) Dept' dated 2310711997 l.A. NO: 1 oF 2015 WPMP. N o:2'1264 oF 2015 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 permit the Petitioner/Petitioner to amend /modify the title of the respondent No 2 in the cause title as The State of Telangana' Rep by its Principal Secretary' Panchayat Rai Department, Secretarial' Hyderabad - 5OO 022' instead of 'The Government of Telangana rep by its Principal Secretary' Panehayat Raj Department, secretariat, Hyderabad - 5OO O22', pending disposal of the writ Petition IANO:1O F 2022 Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to permit the Proposecl Respondents No 6 to I to come on record as LRs of the deceased Respondent No 'l (D Shanthamma) in W P. No 16855 of 2015 as well as in lAs, in the interest of justice' l.A. NO: 2 oF 2015 WPMP. NO'.21879 oF 2015 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 Order in O A.No '1559 of 2O11 dated 21-12-2012 on thefileoftheAndhraPradeshAdministrativeTribunal'Hyderabadincludingall further proceedings relating thereto' pending disposal of the main writ petition- Counsel for the Petitioner : SRI G'NARENDER REDDY Counsel for the Respondent No'1 : KOWTURU PAVAN KUMAR Counsel for the Respondent No'2to5 : -- '-- Fk r Er W.P.No.4362 OF 2020 Between: D. Shantamma, Wo. Late Venkata Narasiah, Age 84 years, Occ Retd. Part-Time Sweeper, MPP School, Pallegudem, Khammam Rural ana Mandal, Khammam District. ...PETITIONER AND 1 The State of Telangana, Rep.by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, At Hyderabad. 2 3 4 The Zilla Praja Parishad, Rep. by its Chief Executive Officer. Khammam - 50700'1 The Mandal Parishad Development Officer, Mandal Praja Parishad, Khammam Rural and Mandal, Khammam District - 507001. The Head Master MPPS Pallegudem, Khammam Rural and Mandal, Khammam District - 50700'l ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction preferably Writ of Mandamus, declaring the inaction of the Respondent No. 2 in implementing the orders passed in O.A. No. 1559 of 2011 dated 2111212012 passed by the Honble Andhra Pradesh Administrative Tribunal, Hyderabad, as illegal, arbitrary and violative of principles of natural justice and consequently direct the Respondent No.2 to forthwith take steps for implementing the orders and grant all consequential benefits. IA NO: 1 OF 2020 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 Respondent No.2 to implement the orders passed in 0.A. No. 1559 of 2011 dated 21-12-2012 by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad within reasonable time, pending disposal of the writ petition in the interest of justice. a-' 4 lA NO: 1 OF 2025 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 pleased to permit the Petitioners No. 2 to 5 to come on record as LRs of the deceased Petitioner No. 1 (D Shanthamma) in W.P. No. 4362 of 2020 as well as in [As' in the interest of justice and pass such other or further orders. Counsel for the Petitioner : SRI SURYA BALU MAHENDRA Counsel forthe Respondents No.1 : GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2to4 : SRI G.NARENDER REDDY, SC FOR GP The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA WRIT PETITION Nos.16855 OF 2015 AND 4362 0F 2020 COMMON ORDER: (Per Hon'bte Sri Justice Ablrinand Kumar Shavili) Since the issue involved in both these Writ Petitions is one and the same, both these Writ Petitions are being heard and disposed of by way of this common order.

2. Aggrieved by the order, dated 2'I'12'201L Passed O.A.No.1559 of 2011 by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short,'the Tribunal'), respondent No'2 in the said O.A. filed W.P.No'16855 of 2015, whereas applicant in the said O.A. filed W.P.No.4362 of 2020, seeking implementation of the said order, dated 21.12.2012.

3. Since respondent No.1 in W.P.No.16855 of 2075, who is the etitioner in W.P.No.4362 of 2020, had expired, her legal p representatives were brought on record as respondent Nos'6 to 9 in W.P.No.16855 of 2015 and petitioner Nos.2 to 5 in W'P'No'4362 of

4. Heard Sri K. Pradeep Reddy, leamed Standing Counsel '.t 2 AKS,J & ETD,J w.I'.No.16855 of 20 15 & batch appearing for the petitioner in W.P.No.16855 of 2075 and respondent No.2 in W.P.No.4362 of 2020 and Sri K. Ujwal Babu, learned counsel representing Sri Surya Balu Mahendra, learned counsel appearing for the petitioners in W.P.No.4362 of 2020 and Sri Kowturu Pavan Kumar, learned counsel appearing for respondent Nos.6 to 9 in W.P.No.16855 of 2015. W.P.No.16855 of 2015:

5. It is the case of the petitioner that respondent No.1 was appointed as a part-time Sweeper in respondent No.4-School and she has retired from service. After retirement, respondent No.1 has approached the Tribunal by filing the subject O.A.No.1559 of 2011 contending that her services should have been regularized in terms of G.O.(P).No.112, dated 23.07.1997, and the Tribunal z;irle impugned order, dated 21 .72.2012, was pleased to allow the subject O.A. and directed the petitioner to consider the case of respondent No.1 for regularization of her services without insisting for educational qualifications rn,ithin a period of two months from the date of receipt 3 AKS,J & ETD,J w.P.No.16855 of 20 15 & batch of a copy of the order, without appreciating any of the contentions raised by the petitioner.

6. Learned Standing Counsel appearing for the petitioner had contended that respondent No.1 has approached the Tribunal after retirement and therefore, the question of regularizing the services of respondent No.1 after retirement would not arise. Therefore, appropriate orders be passed in the Writ Petition by setting aside the impugned order, dated21,.12.2012, and allow the Writ Petition'

7. On the other hand, learned counsel for respondent Nos'6 to 9, who are the legal representatives of deceased respondent No.1, had contended that respondent No.1 was appointed as a part-time Sweeper on 01.11.1973 and she has completed 10 years of service by

30.10.1983. As per G.O.(P).No.112, datecl 23.07.7997, the persons who have completed 10 years of service as on 19.08.1998, are entitled for regularization of their services. Since the petitioner has not considered the case of respondent No.1 for regtilatization of her servlces/ the Tribunal has rightly directed the petitioner to consider the case of respondent No.1 in terms of G.O.(P).No.112, dated v-! 4 AKS,J & ETD,J W.P No.16855 of2015 & batch

23.07.1997. The Tribunal has merely directed the petitioner to consider the case of respondent No.1 and there is no positive Mandamus givcn by the Tribunal to regularize the services of respondent No.l. Therefore, the Tribunal was justified in allowing the subject O.A. in favour of respondent No.1. Therefore, there are no merits in thc' Writ Petition and the same is liable to be dismissed.

8. This Court, having considered the rival submissions made by the learned counsel for the parties, is of the considered view that the Tribunal was justified in aliowing the subject O.A. in favour of respondent No.'I, as the Tribunal has merely directecl the petitioner to considcr the case of respondent No.1 for regriarization of her services in ternrs of G.O.(P).No.112, dated 23.07.1997. As per the said G.O.(P)., the persons, who have completed 10 years of service as on 19.08.1998, are entitled for regularization of their services. Therefore, the l-ribunal has rightly entertained the subject O.A. filed by respor.rderrt No..l. Therefore, this Court is not inclined to entertain W.P.No.l6855 of 2015.

9. Accordingly, W.P.No.l6855 of 2015 is dismissed --7 WP.No.4362 of 2020: -5 AKS.J & ETD,J w P. No. l a,85s of 20I 5 & balch

10. In view of dismissal of W.P.No.16855 of 2015, W.P.No.4362 of 2020 is disposed of directing respondent No.2 to take steps to implement the order, dated 27.'1.2.2012, passed in O.A.No.1559 of 2011 by the Andhra Pradesh Administrative Tribunal, Hyderabad, within a period of two (2) months from the date of receipt of a copy of this order. Miscellaneous Applications, if any, pending in these Writ Petitions shall stand closed. There shall be no order as to costs. //TRUE GOPY// SD/-P. PONNA KRISHNA ASSISTANT E ISTRAR SECTI FFICER ! To, State of Telangana, At Hyderabad' 1 The Principal Secretary, Panchayat Raj Department' Secretariat Buildings' z ih! c"n:i"i"ri"Zuiiui otriiet. Zrtti praja Paris-had, Khammam - 507001' 5 iil;'N,l;;;;i-Firisnao""ij.i"r',p'5"t Qn':St' .Mandal Praia Parishad' " K;;r;;* Rural and Mandal, Khimmam District - 507001 ' 4 The Head rrlaster uiijb*'iiir"g'Gt, kham'a' Rural and Mandal' 5 ij;; i61;Snr'sunvn aALu trrnHqNo.RA,-l*99"f" IoPUCI 6 Two CCs to Gp FOR p"fNTFiAiAT'irAJ nunAl DEV (TG),Hish court for z iii."cUto sCr c"runnei,torR Reoov 9c-F9B GP [oP^u-c]^. 8 6;; d6 i; siii KowruRaFAvAN KUMAR, Advocate loPUCl 9. Two CD CoPies. the State of Telangana. IOUTI Khammam District - 507001. BSK BS I HIGH COURT DATED:1 910312025 1tir.:j :\--,..te.=..\r. OlAUE M .r: COMMON ORDER WP.Nos.16855 o12015 & 4362 ot 2020 DISMISSING THE W.P.No.16855 OF 2015 & DISPOSING OF THE W.P.No.4362 OF 2020 WITHOUT COSTS