The High Court · 2025

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 WRIT OF MANDAMUS declaring the action of the respondents in not regularizing the petitioner services retrospectively on completion - of five years of service in terms of G.O.Ms.No.212 Finance and planning FW PC lll Department dated 22-4-1994 is illegal, arbitrary and u nconstitutiona I apart from violation of principles of Natural Justice and consequently direct the respondents to consider the claim of the petitioner for regularization of his services retrospectively on completion of five years of continuous service in the department w.e.f. 1-3- 1988 for the purpose of pension and pensionery benefits by following the law laid down by the Hon'ble Apex Court in case of B Srinivasulu Vs. Nellore Municipal Corporation in Civil Appeal No. 6318 of 2015 dated 17-8-2015 and the Judgment of this Hon'ble Court in WP No. 33936 of 2011 and batch dated 2/5/2018 with all consequential benefits. 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 to direct the respondents to consider the claim of the petitioner for regularization of his services retrospectively on completion of five years of continuous service in the department w.e.f. 1- 3-1988 for the purpose of pension and pensionery benefits by following the law laid down by the Hon'ble Apex Court in case of B Srinivasulu Vs. Nellore Municipal Corporation in Civil Appeal No. 6318 of 2015 dated 17-8-20 15 and the Judgment of this Hon'ble Court in WP No. 33936 of 2011 and batch dated 2-5-2018 with all consequential benefits pending disposal of lhe main writ petition. Counsel for the Petitioner: SRI A. MALAHAR RAO Counsel for the Respondents: GP FOR SERVICES lll The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'bLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.38392 OF 2025 Dated 22'd DECEMBER, 2025 Between: Vemula Ganapathi AND ...Petitioner The State of Telangala, Rep. by its Principal Secretary, Schedule Caste Development Department, T.S. Secretariat Buildings, Hyderabad and 4 others. ORDER: Respondents With the consent of both parties, this Writ Petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the iollowing reiief: "...to issue a u.tit order or direction more particularlg one in the nature of WRIT OF MANDAMUS declaing the action of the respondents in not regularizing the petitioner seruices retrospectiuelg on completion of Jiue gears of seruice in terms of G.O.Ms.No.212 Finance and planning FW PC Iil Department dated 22-4-1994 is ittegal, arbitrary and unconstitutional apart from uiolation of pinciples of Natural Justtce and. consequentlg direct the respondents to consider the claim of the petitioner for regulaization of his seruices retrospectiuelg on completion of fiue years of corttinuous seruice in the department ut.eJ- 1-3- 1988 for the purpose of pension and pensionery benefits bg following the latu laid dou.tn bg the Hon'bte Apex Court in case 2 of B.Siniuasulu Vs. Nellore Municipol Corporation in Ciuil Appeal No.6318 of 2{)15 dated 17-8-2015 and the Judgment of this Hon'ble Court rn WP No.33936 of 201 1 and batch dated 2-5 2018 tuith all consequential benefits and poss..."

3. I{eard Sri A.Malhar Rao, learned counsel lor the pet.itilner and learned Government Pleader for Services-lll appearing lor the respondents.

4. Learned counsel for the petitioner submits that the petitioner \\'as initiallv appointed as a dailv \\fage \\'orker on O 1.03. l9B3 and his services rvere subsequently regularized uirle' proceedings dated 20.Ol.2OLO as a Class-lV employee in the last grade service in the post of Cook. Consequently, after rer-rdering 42 -years of service, the petitioner retired from sen'ice on 30.06.2025 upon attaining the age of sLlperannuation. It is further submitted that in similar circumstances, the erstwhile High Court of Judicature at Hvderabad, uide order dated 02.05.2018 in W.P.Nos.33936 of 2O 1 1 and batch, has directed the authorities concemed to extend the benefit of the judgment in B. Sriniucsulu & I others u. The Nellore Municipal Corporation represented bg its Commissioner, Nellore District, Andhra Pradesh and Others (delivered in Civil Appeal No. 6318 of 2015, dated

17.O8.2015) to the petitioners therein by reckoning their services from the date ol completion of live years, on or before

25. 1 1.1993 for the purDoses ol their pension and pensionary benefits. Hou,ever, in the prcs.en I case, the services of the petitioner were not regularized. As such, learned counsel prays this Court to permit the petitioner to submit a representation to the respondents for redressa-l of his grievarce and to direct the respondents to consider the same and pass appropriate orders ir.r the light of the judgment of the Honble Supreme Court in B. Sriniuasulu (supral and the order dated 02.05.2018 in W.P.Nos.33936 of 2011 and batch, within a time-frame to be stipulated by this Court.

5. Learned Government Pleader appearing on beha1f of the respondents submits that on receipt of representation from the petitioner, the respondents n'ill consider the same and pass appropriate orders, in accordance with laq,.

6. Having regard to the submissions made by learned counsel for the respective parties, this Writ Petition is disposed of, permitting the petitioner to submit a representation for redressal of his grievance within a period of 4 one (l | ',r,eek from the date of re:eipt of a copy of this order. Upon receipt of such a representation, the respondents are directcd to consider the same, in the light of the judgment of tlrr' {,,r1'b16 Supreme Court in B. Srinioasulu (supra] and ti-re order dated 02.05.2018 in W.P.Nos.33936 oi 2011 and batch, anrl pass appropriate orders, strictly in accordance uith la',r,, as expeditiouslr' as possible, prelerably within a period of si,x (6) u'eeks thereafter and communicate a copy of the decision to the petitioner. Miscellaneous petitions, if any', pending shall stand ciosed. There shall be no order as to costs. a\-' SD/. A.H.S. GOWRI SHANKAR SISTANT REGISTRAR //TRUE COPY// I SECTION OFFICER To,

1. The Principal Secretary, Schedule Caste Develop Secretariat Buildings, Hyderabad nt Department T.S 2 3 4 5 6 7 The Principal Secretary Finance and Planning Department TS Secretariat, Hyderabad The Commissioner And Director Schedule Caste Development Department, Telangana Sankshama Bhavanam Masab Tank, Hyderabad. The District Collector, (SCDD) Karimnagar district at Karimnagar The Deputy Director, (SCDD) District Schedule Caste Development Department Officer, Karimnagar, Karimnagar district. One CC to SRI A MALAHAR RAO, Advocate [OPUC] Two CCs to GP FOR SERVICES lll, High Court for the State of Telangana at Hyderabad . [OUT] Two CD Copies 8 PMK I-S 4y I I I HIGH COURT DATED:2211212025 ORDER WP.No.38392 of 2025 r HF. SIA (\ 2 4 JAN 2026 .z t '.iJ\ / k. t\- DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ,4, ,'^ '). '