✦ High Court of India · 02 Jan 2025

Z SO/ v. KAVITHA 'pEPUly REGtsTRAR SECTION OFFICER ent, Secr

Case Details High Court of India · 02 Jan 2025
Court
High Court of India
Decided
02 Jan 2025
Bench
Not available
Length
1,212 words

declare the action of the respondents in not regularizing the petitioners services in terms of G.O.Ms.No.212 daled 22-04-1994 and the judgment rendered by the Hon'ble Supreme Court as illegal, arbitrary consequently direct the respondents to regularize the petitioners services in terms of G.O.Ms. No.212 dated 22-04-1994, duly granting all other consequential benefits. l l.A. NO: 10F2016 WPMP. NO: 49522 0F 2016) Petition uncj, Section 151 CpC praying that in the circumstances stated in the affidavit f rr:c , support of the petition, the High cou 1 mr,ry be preased to direct the resporc :'rts to consider the petitioney's case a ld pass orders of regularization in t3r - rs of G.o.Ms. No. 2i2 dated 22-04-i9g4 by considering his representation d: 1 r .,1 1-2014, pending disposar of the above rvri, petition. Counsel for the pe,t rioner: SRI K .VASUDEVA REDDY Counsel for the Respondents: Gp FOR SERVICES-I & GP FOR SOCIAL WELFARE The Court made the ,ollowing: ORDER F I F I HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA lIIRIT PETITION No. 40198 of2O16 ORDER: Petitioner claims that he was appointed as a daily wager by respondent No.S- District Tribal Welfare Officer ITDA, Utnoor, Adilbad District ald posted to work at Government Ashram High School , Kagaznagar, Adilabad District. It is his case that he has put in more than 3O years of service as a daily wager, ald therefore, eligible for regularization under G.O.Ms.No.212, dated 22'O4'1994' and, as his services were not regularized he approached the A.P.Administrative Tribunal, Hyderabad by hling O.A.No.341/98 and the Tribunal disposed of the O'A' by order dated 13.07.1998 directing the respondents to examine his case for regularization in terms of G.O.Ms.No.2 12, dated,22.O4'lgg4' It is his grievance that respondent No.3-Project Ofhcer ITDA, Utnuru rejected the petitioners case for regularization on the ground that there are no clear vacancies available at present, and the case of petitioner will be considered as and when a clear vacancy arises in future. Petitioner submitted representations dated 13.02.2006 and 11.17.2014 requesting to regularize his \r- ?. services. Il€ of Tribal \tr Nos.3 to l Pursuant tcr .1>ondent No.2-The Commissioner anl l)irector r lfare issued Circular directing rt:sl.rondent to submit proposals fo. regr. ar ization. r l-re Circular, respondent No.4 sr:n: prrtposals to responrl,:r r No.2 enclosing the list of eligible c,:l,lidates for regrrlar rz Seria] No. I 6 in spite (,f r r,ion, ar1d the petitioners nalrre is sh,lwn at It is the grievance of the petir ion,.)r that respondent No.4 proposing his case for regularizat i:,; respondent No.2 have not re,{u ariz:ed his services sc la

2. HearC l Governme;r - Governmerr'

3. Learrr<'c placed befc r r: Deputy Dir e <:

18.04.2018, r r,,rrned counsel for the petitioner anrl L:arned l:)ieader for Social Welfare, zinri 1.:arned )eader for Services-l. perused thr: rer;ord. (lovernment Pleader for Social Welfa.e has t ire Court the instructions received a; 1:er the (,r, TW, ITDA Utnuru vide procr:edings dated 'fLerein it is stated that the office ,tl t)eputy Director TV/ h submission ,: Birth Certilicz Commission,:r proposals E -1:)r . l; returned daily wager proposals due 1o non ' original Appointment Order and Di rte of lr:: is5q"6 by Panchayat Secretar,,i/ M ur icipal i MHO, and requested to resend the t with the said documents. I[ is firrther ./ StatedthatSenioritylistofdailywageworkershasbeen prepared based- on the Acquittances and certihcates issued by the concerned head of the institutions for 285 dailY 143 dailY wagers have comPleted 5 wagers, out of which on 25.1 1.1993 in terms of the years of service as G.O.Ms.No.212, dated 22'O4'lgg4' and among them' only 16 dailY wagers have submitted original APPointment Birth Certificates issued bY the Orders and Date of Panchayat Secretary which is mandatory for regularizing the services in the last grade services (LGS) as per G.O.Ms.No.2 12 d'ated 22'O4'1992' 4. Considering the respective submissions and perusing the record, more particularly the letter dated 18'04'2018 addressed by the Deputy Director Tribal Welfare ITDA Utnuru, it may be noted that the petitioners name is found among the list of persons in the Seniority List who have submitted the necessary documents' i' e ' ' original Appointment Orders and Date of Birth Certificate issued by the PanchaYat Secretary' In that view of the matter' this court does not see any 5. impediment for respondent authorities in regulari ziog tlre services of the petitioner' even according to the proposals ./ 'l letter dated I g.O4.2OIB as oor t.L I ed in RC.No. D I /t ">O l2016. 6. Accor-r r-rgly, this writ petition is allou,r:ci i.lraxting relief a s Frr it :ed for. No costs. Oor sre . rrently, miscellaneous applicattorLs pending, if any, in th r.. Writ petition, shall stald closed. That lrlule Nisi has made Absolute as above witness The Hon'ble rSR, ALOK ARADHE, The Chief Justice on this; Thursday, the Second )ay of January, Two Thousand and TwentLy !:ive. //TRUE COPY// To, The Princi'r rl iecretary, Tribal Welfare Depa Hyderabad. S r te of Telang ana - S0O O2Z SO/. V. KAVITHA 'pEPUly REGtsTRAR SECTION OFFICER ent, Secr€)tariat Buildings, l\ 1il ,.\c 2 The Comrris;s:rner and Director of Trlbq! Welfare, State, of -elangana, Bhavan [/;ar;a: Tank, Hyderabad - S00 028. DSS

3. The Project C Telangana, tJt 4 The Deputy l)i 5. The District --r 6. One CC to SR 7. Two CCs kr G Hyderabad [{)l

8. Two CCs rc Telangana al I 9. Two CD Coc e 1 ,:er, lntegrated Tribal Development Author itv flTDA) State of ' rru, Adilabad District - 504 346 ector (TW), Utnuru, Adilabad District - SO4 i4e . :al Welfare Officer, ITDA, Utnoor, Adilahrad listrict. ( VASUDEVA REDDY, Advocate [OpLlC] r.FOR SERVICES-I, High Court for the Sta:e :rf Telangana at l ,IT FOR SOCIAL vderabad [OUT] WELFARE, High Court fr:r the State of BSR SS frrq- F r i. r r I r $ H *--?.r.i !r.'--.R;irE#l HIGH COI.' R T DATED:0210112025 ORDER WP.No.4019tr of 2016 ,===:= ilrre';l 4I--:. .i. 'JA i? I ilAY 2025 (. t' a t rC I r.;- t \s: I .rr'-! t h. F rJ. F L ALLOWING T IE WRIT PETITION, WITHOUT CIf STS ,As\x

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