✦ High Court of India · 02 Jan 2025

High Court · 2025

Case Details High Court of India · 02 Jan 2025
Court
High Court of India
Decided
02 Jan 2025
Bench
Not available
Length
1,340 words

Petition under Article 226 oI lhe 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 Writ of MANDAMUS to declare the impugned orders issued by the 3rd respondent in APGVB / Per & HRD/ 661 t 2024-25 dated 31/08i2024 wherein rejecting the claim of the petitioner for regularization in terms of the Andhra Pradesh Grameena Vikas Bank (APGVB) regularization of Casual/Daily wage workers scheme 2023 on'the ground that he was ineligible as lefUdisengaged from service of the bank is illegal, arbitrary and unconstitutional, apart from violative of Principles of Natural Justice and set aside the same to the extent of petitioner with a consequential direction to the respondents to consider the claim of the petitioner for regularization of his services as he was in service w.e.f 1110912003 to April 2022 in terms of the law laid down by this Hon'ble Court in Writ Appeal No.'l 126 ot 2024 dated 0311012024 in the existing available vacancies on par with others with all consequential benefits. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the claim of the petitioner for regularizittion as he was in service w.e.f 11 09.2003 to April 2022 in terms of the Arrdhra pradesh Grameena Vikas Elank'(APGVB) regularization of Casual/ Daily wage workers scheme 2023 by following the law laid down by this Hon'ble Court in Writ Appeal No.1126 of 2024 dated 03.10.2024inthe existing available vacanc.ies on par with others. Counsel for the Counsel for the SOLICITOR Counsel for the Counsel for the Petitioner: SRI NAYAKAWAOI RAMESH Respondent No.1: SRI GADI PRAVEEN KUMAR, Dy. Respondent Nos.2 & 3: M/s. V.UMA DEV|, SC FOR GVB Respondent No.4: SRI A.RAVI BABU, SC FOR SBI GEN. OF INDIA The Court made the following: ORDER L THE HON'BLE SRI JUSTTCE PULLA I(ARTHIK wRIT PETITION No.37O8a OF 2ol24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following reliel ". ..to i-ssue a writ, ord.er or direction r\ore pdrticularly one it tlv ndture of Writ of MANDAMUS to decl(lrc the inpugned orders issued blJ the 3'd respondent in APGVB/ PeI&IIRD/ 661/ 2024 25 dated 31/08/2024 wlBreift rejecting the claim of the pettioner Jor regularization in tenrLs oJ the Andhra Pradesh Grdmeena Vikas Bank (APGVB) regiaizotiotl of Casuctl/ Dail| wage utorkers scl@me 2023 on tle ground tlvt he uas ineligible ds lefi/ dis-engaged from seruice of tle bo.nk is iltegal, arbitrary ' dnd un onstitutional, aPdrt from uiolatiue oI Principles oJ Naturdl 'lustice dnd set aside th.e some to the ertent of petitioner witlt a corusequentictl direction to the respondents to cotlsider the cloint of llte Petitioner for reg l(lrization of his seruices os lE was in seruice w.e-f- 1l/09/2OO3 to Airil 2022 ift terms of the ldw laid. dolun by thb Hon'ble Cdurl in Wit Appeat No.1126 of 2024 dated 03/ 10/2024 ii te eisting available uiincies on pa, uith others with all cansequential betPlits dnd pass -" Heard Sri Nayakawadi Ramesh, learned counsel for 2 petitioner; Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondent No. 1; Ms.V. Uma Devi, learned Standing Counsel for Grameena Vikas Bank, for respondent Nos'2 and 3; and Sri A.Ravi Babu, learned Standing Counsel for State Bank of India, for respondnet No.4. With their consent, this Writ Petition is taken up for disposai at admilfn staSe.

3. Learned counsel for the petitioner submits that the Division Bench of this Court uide judgment, dated 03.10.2024 in W'A No'1126 of 2024 and W.P.No.25457 of 2024, ditected the respondents therein a 4 2 PK, J Wp 37088_2O24 to consider the cases of the appellalts/ petitioners therein for regularization of their services, duly taking into account t-re fact that the appellant s / petitioners have completed ten years of service as on original cut-ofl date i.e., 13. 12.2O17 irrespective of the f:rct whether they were in service or not by the extended cut-off date. Since the petitioner st:rnd on the same footing as that. of the appellants/ p€rt jtioners in W.A.No. 1126 ot 2024 arrd W.p.No.2 5457 of 2024, lean'necl counsel prays this Court to pass similar ordcr in the present Writ I,etition also.

4. Learnecl Standing Counsel for the respondents subm; ts that the petitioner has not approached the authorities with anV written request_

5. At this s;tage, learned counsel for the petitioner prays this Court to permit the pe.titioner to frle fresh application before the respondents seeking regularization of his services and the respondenr,s may be directed to p:rss appropriate orders in terms of the jurlgment of Division Benr:h of this Court in W.A.No. 1 126 of ,),,O24 and w.P.No.2S457 ot 2offi, dated. C,3.7o.2O24. 6 Learned Standing Counsel appearing for the respondents fairly submits that on receipt of application from the petitioner, the 3 PK, J wp37oa8 2024 w respondents will consider the same ald pass appropriate orders, in accordance with law

7. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of permitting the petitioner to make fresh application before the respondents seeking regularization of his services, along with all the requisite documents, within a period of one (O1) week from the date of receipt of a copy of this ordlr. On receipt of such application from the petitioner, the respondents are directed to consider the same and pass appropriate orders thereon, strictly in accordance with law and in terms of the judgment of Division Bench of this Court in W.A.No. 1126 ot 2024 and W.P.No.25457 of 2024, dated O3. 1O.2024, as expeditiously as possibte and communicate a copy thereof to the petitioner. There shall be no order as to costs. Miscellaneous applications, if any, pending in this Writ petition, shall stand closed. To q //TRUE COPYII SD/- P. PADMANABHA REDDY AS NT REGISTRA ECTION OFFICER

3. The Secretary_to the_Government, Union of lndia, Finance Dept Jeevandeep Building, 2nd Floor, Sansad Marg, Parliament Street, New Deihi. Chairman, National Bank of Agriculture and Rural Development, Office at 324, Bandrakurla Complex, Bhadra East, Mumbai-40005.1 . General Malager, Andhra Pradesh Grameena Vikas Bank, HR and lT, Head Office, Wafis?t. The Chairman. State of Bank of lr$ia, Vidhan Bhavan Marg, Nariman point, Mumbai t TOPUCI

5. One CC to SRI NAYAKAWADI RAMESH, Advo-cate IOPUCI 6. one CC to sFlt cADt piiAvL-ip iUrrrrnn, ov. SO1tCtrOR GEtl. Or tUO1R z bne-ct to Ml/s. V.UMA DEVI, sc FoR GVB{oPU-CI 8. o;; cc to sRt A.RAVI BABU, sc FoR sBl [oPUC] 9. Two CD CoPies, K'Yy' PS / HIGH COUR.T DATED:0210112025 \ \ ORDER WP.No.37088 of 2024 I \ a r HE 9r4 /4 j ( / I I L ( 0 4 flAE 2025 I o€s c4tcq"! * ^+ o o '(/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ .os"a k^n\r' D

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