High Court · 2025

Counsel for the Respondent No.1: GP FOR SERVICES I ' Counsel for the Respondent Nos.2&3: M/s. R. MADHAVI LATHA SC FOR MC The Court made the following; ORDER ITP TITION NO: '159256F 20 5 Between:

1. A.Narender, S/o. Saidaiah, Occ Technical Pump Operator H No.6-3-176, Bank Colony, Khammarrl

2. P.Stalin, S/o. Nagaiah. Occ Technical Pump Operator. Rto. 2-1-2311A, Tekulapally, Khanaptrram Haveli, Khammam District. .,.FETTTIONERS AND 1 2 3 The State of Telangqna, Rep by rts Principal Secretary Municipal Adminislration Department Telangana Secretariat. Hy<ierabad' The Municip_al Corporation of Khammam, rep. by its Commissipner, Khammam Districl. The District Collector/Spqcial Officer, Khammam Municipal Corporation, Khammam Districi ...RESPOI'IDENTS Petitiqn under Article 2?6 of the Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High'Court may be pleased to issue writ order or direction preferably Writ of Mandamrls declaring tfre action pf respondents No 2 and 3 in trying (o displace the petitioners by appointir,rg new cqndidatgp iglgring their long ttanding gervicq as Technicat Fupp Operqtgls put up by thp petitioners without issuing notice and without' frilloWing due procedgre as illegal, arbitrary. didcriminatory, viplative of principles ol nalural justice and yielative- of Art 14 and 16 of constitution of lndia and gpnspquenfly, direct the re$pondents No.2 and 3 to continue their serviceq as ]gchnical pgnip Operators l.A. NO: I OF 2015 P P NO 207 oF 2015 Petition under Seption 151 CPC praying that in the circumstances Stated in the affidavit filed in quppo( of the petition, [neiign Court may be pieased io direct the respondents not to displace the petitioners who are working as Techr;rical Pump Operq[qJs ahd conlinue their services as usual pending disp_losal of the Writ Petition '/ Counsel for the Petitioners: SRl. KOWTURU PAVAN KUMAR Counsel for the Respondents: GP FOR SERVICES I The Court made the follqwing: COMMON ORDER ) THE HON'BLE SMT.JUSTICE P.SREE SUDHA VTRIT PETITION ITRI No.6483 of2Ol7 & WRIT PETITION No.15925 of2015 COMMON ORDER: Writ Petition (TR) No.6483 of 2OI7 i9 hled to declare the inaction of respondent Nos.2 and 3 in regularizing the services of the applicant as Work Inspector arrd also issuance of e- procurement notification dated 23.07.2O13 in so far as the post of Work Inspector is concerned, as illegal and arbitrary.

2. Writ Petition No.15925 of 2015 is filed declaring the action of respondent Nos.2 and 3 in trying to displace the peti[ioners by appointing new candidates ignoring their long stalding service as Technical Pump Operators put up by the petitioners without issuing notice and without following due procedure, as illegal and arbitrary. 3. Heard learned counsel appearing on both sides in both the writ petitions.

4. Petitioner in W.P (TR) No.6a83 of 2ofi submitted that he was appointed as Technical Agent in the year 1977 in Rural Water Supply & Sanitation, Khammam Sub-Division. Thereafter, in the year 2OO2, on the basis of the request of the then Gram Panchayat, Khanapuram Haveli, the applicant was posted as Work Inspector to maintain water supply scheme in the sais Gram Panchayat area. It is submitted that since the 2 petitioner/applicant is an Engineering Graduate and possessing all other necessary qualifications as required to hold the said post arrd even drawing salary as per Engineering SSR Rates. Since then he has been working there as Work Inspector without any break. It is submitted that-on 01.08.2012, the . Superintending Engineer, Rural Water Supply & Sanitation Circle, Khammam had addressed a letter to the Engineer-in- Chief, Rural Water Supply & Sanitation Circle, Khammam in Rc.No.A.1/ 1388/ Site Engineers/2oO6, in which he has specilically stated all these facts and referred the experience and eligibility of the applicant and requested for allotment of the applicant to Rural Water Supply & Sanitation Circle, Khammam. It is submitted that no orders have been passed on the said proceedings by the Engineer-In-Chief. It is submitted that in the meanwhile, Khanapuram Gram Panchayat, in which the applicant was working has been merged into Khammam Municipal into a Corporation utde G.O.Ms.No.339, Municipal Administration & Urban Development (Elec. II) Department dated 19.lO.2OI2 likely pertains to matters concerning municipal administration and urban development, particularly relating to electricitSr or related aspects within the department. Without further context, it's difhcult to pinpoint the exact details of the order. However, based on the department involved, it could relate to electricity regulations, infrastructure, or other 3 relevant aspects within urban areas. It is submitted that later petitioner gave another representation oo 06.02.20|3 to the respondent No.3 for pay protection etc., It is submitted that instead of regularizing the services of the applicant, the Corporation has issued e-procurement- notification dated

23.O7.20t3.

5. In a counter filed by respondent Nos.2 and 3 in W.p (TR) No.6483 of 2013, respondents admitted regarding the employment of the petitioner and merger of the Gram panchayat into Khammam Corporation and his continuance of service. It is stated that previously wages of the petitioner were paid through Mahatma Gandhi Town Level Federation and now being paid through Self Help Groups and it is also stated that they have withdrawn E-Procurement notice and petitioner is still continuing in the service on outsourcing basis. 6. Iearned counsel for the petitioner relied upon a judgment of the division Bench passed in Writ Appeal No.24 of 2014, dated 19.11.2022, in which it was observed that the issue as to whether one is entitled for regularization on completion of hve years beyond 25.11.1993 was considered by the Apex Court in ol)lstrlct Collector/Chairtnan o. M.L.Singh dnd. othersol wherein it was held that at the moment an employee completed five years of service, it would be sufficient for regularization of ' teee 1z; arr s 4 his services. It is also contended that in W.A.No.24 of 2Ol4 it was observed that admittedly, the respondents are working as General Mazdoors for more than three decades and has been continued. Thus, that the iearned Single Judge has merely directed the authorities to regularize their services on par with one Ch. Sadanandam. The learned counsel for the petitioner also relied upon the judgment of the contemporary Bench in Writ Petition No.22808 of 2O2O daLed 22.04.2O24 in which respondents are directed to forward the representations of the petitioners along with their services to the State of Telangana represented by its Principal Secretary within a period of one month from the date of receipt of a copy of this order and thereafter, the Government shall take a decision about the regularization of the services of the petitioners, within a period of three months and also permitted the petitioners to make a fresh representation to the Government and the Government shall take the same also into consideration while considering the issue of regularization of the services of the petitioners therein.

7. Admittedly, petitioners in W.P (TR) No.6a83 of 2017 was working .from 2OO2 and his services were continued even after merger on outsourcing basis only. Therefore, he is also permitted to give representation to the Government for regularization of the services. The learned counsel for the ,.1,; 5 petitioner also relied upon a citation in nShripal & Anr. V. Nagar Ifrga . Ghaziabada wherein it was held as follows: "They were engaged in essential, perennial duties, these workers cannot be relegated to perpetual uncertainity. While concerns of municipal budget ald compliance witJ. recruitment rules merit consideration, such concerns do not absolve the Employer of statutory obligations or negate equitable entitlements. Indeed, bureaucratic limitations cannot trump t]"e legitimate rights of workmen who have served continuously in de facto regolar roles for an extended period." 8 Writ Petition No.15925 of 2015 is filed by technical pump operators on the ground that respondents are trying to displace the petitioners by appointing new candidate ignoring the long standing services of the petitioners without issuing notice and without following due procedure. It is contended that both the petitioners are working as technical pump operators and it is stated that petitioner No. 1 was appointed in the year 1994 and petitioner No.2 was appointed in the year 1997 and they previously worked in Khanapuram Gram Panchayat and later it was merged into respondent No.2 Corporation and they are continued on outsourcing basis and their salaries are paid through Mahatma Gandhi Town Level Federation and also stated that respondent No.2 has prepared statement showing their names as Technical workers and also placed the proposals 2 Civil Appeal No.8l57 of 2024 6 for release of salaries from November 2Ol4 to March 2015 and accordingly arnount was released. They further stated that respondent No.2 corporation ignoring their long standing service instead of regularizing their services is trying to recruit fresh candidates, to deprive their employment and their rights. It is submitted that though they were working since 1994 arrd,7gg7, still their services were not yet regr.rlarized and the matter is being delayed in one or other reason. lt was further submitted that some other employees have hled W.P.No.3589O of 2014 and on 25.11.2014 this Court has granted interim order.

9. Respondent Nos.2 and 3 filed separate counters in which they admitted the services of the petitioners and further stated that they have not engaged any fresh candidates and peLitioners are continued till today on outsourcing basis.

10. On perusal of the material available on record and in view of the submissions made by both the learned counsel in both the petitions, and also in view of the citations placed in the above matters, this Court is inclined to permit the petitioners in both the -",,a." to make representation to the Government for regularizaLion of their services in respondent No.2 Corporation and on such representations, the Government is directed to consider the representations of the petitioners within a period of three months from the date of receipt of a copy of this order. ?

11. With the above said direction, both the Writ petition (TR) No.6483 of 2077 and Writ petition No. 15925 of 2Ot5 are allowed. There shall be no order as to costs As a sequel, miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER ? To,

1. The Principal secretary to Government MunicipalAdministration and urban Developmbnt Departm-ent A. P.secretariat'Hyderabad-500 022,

2. The District collector & special officer, Khammam Municipal oorporation at Khammam 507001 .

3. The Commissioner, Khammam Municipal Corporation at Khammam 507001 4. One CC to SRI KOWTURU PAVAN KUMAR Advocate IOPUC] . One CC to M/s R. MADHAVI LATHA SC FOR MQ [OPUQ] . Two CCs to GP FOR SERVICES I ,High Couft for the State of Telangana 5 A . Two QD Copies 7 KKS BS HIGH COURT DATED:0510312025 $,E s T/i f 1 G. o + 0 5 I'1AY il6 7: ( '.i. COMMON ORDER WP(TR).No.6483 of 2017 AND WP.NO.I5925 0F 2015 ALLOWING THE WRIT PETITION WITHOUT COSTS 0\