High Court · 2025

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 issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the actlon of the 1st respondent in issuing Proceedings No.C1t72/2019 daled 21101120'1 9, rejecting the claim of the petitioner for regularization of his services as per G.O.Ms.No.212 dated 22104/1994 as void, illegal, arbitrary and contrary to the material on record and set aside the same and consequently direct the respondents to regularize the services of the petitioner as per G.O.Ms.No.212 daled 22104t1994 with effect from the date of completion of 5 years of NMR service with all consequential benefits by implementing the orders passed by the Honourable A P.A.T , in O A.No.496612010 daled 0310112013 lA NO: 'l OF 2019 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 impugned Proceedings No.C1l72/2O19 dated 21t0112019 of the 1st respondent and c,lnsequently direct the respondents to regularize the services of the petitioner as per G.O Ms No.212 dated 2210411994 by impiementing the orders passed by the []onourable A.P.A.T. in O.A.No.4966i20'10 dated O3lO1l2O13 pending disposal of the above writ petition Counsel for the Petitioner: SRl. S JAGADISH Counsel for the Respondent No.1: SRt T CHANDRASEKHAR RAO (SERV|CE MATTERS OF ALL MUNCIPALTILIES TELANGANA) Counsel for the Respondent Nos.2&3: Gp FOR MA AND UD Counsel for the Respondent No.4: GP FOR FINANCE AND PLANNtNG The Court made the following: ORDER I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.269O2 of 2Ol9 ORDER: This Writ Petition is filed seeking the Court to issue writ, order or direction more particularly one in the nature of Wit of lvlandamus declaring the action of l"t respondent in issuing Proceedings No.C1 l72l2Ol9 dated 2l.Ol.2Ol9, relecting the claim of the petitioner for regularization of his services as per G.O.Ms.No.212, dated 22.O4.7994, as illegal and arbitrary and consequently direct the respondents to regularize the services of the petitioner as per the above G.O. u,.e.f. the date of completion of 5 years of NMR service with all consequential benefits by implementing the orders passed by the erstwhile A.P.A.T. in O.A.No.4966 of 2O 1O, dated

03.0 r .20 13. The brief facts of the case are that the petitioner was

2. appointed as NMR Bore Mechanic on 10.04.1988 in the erstwhile Devarakonda Gram Panchayat which later got upgraded as Nagarpanchayat on 15.05.20 12 and further upgraded to Grade 3 municipality in the year 2017. Since the date of appointment, the petitioner was working as NMR and was given Time Scale of Pay w.e.f. 25.08.1994. As per G.O-Ms.No.2 12 dated 22.O4.1994, the petitioner is eligible and qualified for regularization of his services as he has - completed more than 5 years of service as on the cutoff date prescribed in the said G.O' The petitioner's claim for regularizatior-r r.vas rejected on the ground that the resolution book of Gram Panchayat was not available. Aggrieved by the same, the petitioner approached the erstwhile A'P'A'T' in O.A.No.4966 of 2O l0 questioning the said orders and also seeking a clirection for regularization of his services' Vide order dated 03.O1.2013, the Hor,'ble A.P.A.T. disposed of the said O.A. setting aside tl-re rejection order and directed the respondents to consider his case for regularization as per G.O.Ms.No.212. Subsequently, a Division Bench of this Court, uide its order dated O2.O5-2O18 in a batch of writ petitions 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- benefits arld in similar circumstances, a batch of writ petitions rvere also disposed in the same lines' In view of the above judgment, petitioner along with 2 others has filed W.P.No.45552 of 2Ol8 seeking regularization of their services as per G.O.Ms.No.212. This Court was pleased to dispose of L- 3 - the said u.rit petition on 15.72.2018 directing the respondents to consider the case of the petitioners therein for regularization of their services as per the said G.O. taking into consideration the judgment of the Hontrle Supreme Court in Civil Appeal No.63 18 of 2015, dated 17.08.2015.

3. Based on the directions given by this Court, the I "t respondent, passed an impugned order dated 2 1 .O I .2O Lg rejecting the claim of the petitioner for regularization of services on the ground that the petitioner had not satisfied the conditions laid down in the said G.O.Ms.No.212. Aggrieved by the same, the petitioner liled the present Writ Petition.

4. Learned counsel for the petitioner contended that the l"t respondent is not the competent authority to reject the claim of the petitioner and therefore, the impugned order is liable to be set aside. He further submitted that the l.t respondent had relied upon the speaking order passed by the then District Panchayat Officer, Nalgonda uide Memo dated

07.O7.2O1O which was challenged by the petitioner before the Tribunal uide O.A.No.4966 of 20 10 and the learned Tribunal *had set-aside the said memo uide judgment dated 03.01.2013 I 4 directing the respondents to regularize the services of the petitioner as per the said G.O. The said judgment of the Tribunal became final as no Appeal or writ petition is filed against the same. The petitioner also obtained his a.ppointmenl order as w'ell as other documents under the RTI Act. Hence, the l"t respondent cannot say that the applicant has not completed 5 years of service as on the cutoff date prescribed in G.O.Ms.No.212. Therefore, the respondents may be directed to consider the case of the petitioner for regularization of services by implementing the order jrassed by the erstwhile Hon'ble A.P.A.T. in O.S.No.4966 of 2OlO dated O3.O 1 2013.

5. Per contra, learned counsel for respondent No. 1 filed his counter contending that on verification of the records of the Gram Panchayat, the name of the petitioner \vas found in the acquaintance register lrom January I993 onwards. As such, the petitioner tvas engaged by the erstwhile Grampanch avat on temporary basis from January 1993 as per the mc,nthl,y wages distribution records. As such, the petitioner is not eligible to be considered for regrtlarization ol his services 5

6. A bare perusal of the proceedings issued by Gram Panchayat, Devarakonda uide Proc.No. 140/GPDVK/88, dated

12.10.1988, clearly discloses the name of the petitioner at Serial No.13 who was appointed as a turn cock on 10'04' 1988 on temporary basis and he has completed 5 years of service as prescribed in G.O.Ms.No.212, dated 22.04'1994 and as such, he is entitled for regularization of his services as turn t I I cock. Further, as per the orders passed by the erstwhile Hon'ble A. P.A.T., the petitioner is also entitled for regularization of his services. Though the respondent No' 1 filed a Memo enclosing Batwada register of Gram Panchayat, Devarakonda, but the said register pertains from the year O1.01.1993 to 31.03.1993 and the date of appointment of the petitioner do not reflect in the said register. Hence, the contention of the respondent No.l that the petitioner was appointed as turn cock in the year 1993 is untenable and the impugned order dated 2l .Ol-2019, rejecting the claim of the petitioner for regolarization is liable to be set aside' Accordingly, the impugned order dated 21'01'2019 is 7. set aside and the Writ Petition is allowed directing the respondent authorities to consider the case of the petitioner .- \- 1 \, for regularization of his services with all consequential benefits as per the norms prescribed in G.O.Ms.N o.212, dated, 22.04.1994 and pass appropriate orders in accordance with law within a period of eight (g) weeks from the date of receipt of a copy of this order. Miscellaneous petitions, if any, shall stand accordingly closed. . / //TRUE COPY// SD/-A. JAYASREE I ffi' TANT REGISTRAR U' SECTION O FFICER The Municipal Commissioner, Devarakonda Municipality, Devarakonda, Nalgonda I)istrict TheComnrissronerandDirectorofMunicipalAdministration'stateof i"irng;"r A c Guards, HYderabad The Principal Secretary, Municipal Adminrstration aid Urban Development ou"purtr"it- S""retari;t Hyderabad The Principal Secretary' Finance and Planning Department' Secretariat' Hyderabad One CC to SRl. S JAGADISH Advocate [OPUCI One CC to SRI T CHANDRASEKHAR RAO (SERVICE MATTERS OF ALL T\/TuNCipnLTTLIESTELANGANA)[oPucl ^ Two CCs to GP for rin"""I''"J dr'nninj HUn Court for the State of Telangana at HYderabad [OUTI Two CCs to GP for tut'n't'['int'inistration ?nIYIP,'" Court for the State of Telangana at Hyderaoao' 1uu t1 Two CD CoPies Development' High To, 1 3 4 6 Lt 7 B o KKS ry. I I HIGH COUR DATED:23 t0,412025 ORDER WP.No.26902 of 2019 Ot< " T '2i ( a -.! i 2l JUtl &5 'to \ Dr rr^TC a ALLOWING THE WRIT PETITION WITHOUT COSTS 1 o'q l/ ./ t,