This single-judge order in a writ petition grants regular service, pension, and pecuniary benefits to petitioners upon their condition of waiving seniority rights.
Regularization of services from 06.12.1996; pension calculated from that date; pecuniary benefits from 09.12.1997.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.8755 of 2020
ORDER :
This writ petition is filed under Article 226 of the
Constitution of India for the following relief:-
“ to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in not allowing the petitioners regular service from 06.12.1997 and financial benefit w e f 09.12.1997 while extending such benefits to all other contract labour absorbed under the scheme of absorption vide B. P. Ms.No 272 dated 13.12.1997 and B.P.Ms.No. 326 dated 14.03.1998 and thereby denying the petitioners equal treatment is highly illegal arbitrary and violative of Article 14 and 16 of the Constitution of India consequently direct the respondents to allow the service benefits from 06.12.1996 without claim for notional seniority and financial benefits from 09.12.1997 as per B.P.Ms.No 326 dt 14.03.1998 including arrears and pay fixation as allowed to the other similarly situated persons vide Memo No CEE/OandM/Dr NTTPS/Adm/C 3/F 8/D No. 2813/11, dated 14. 12.2011 as per the orders of this Honble Court in W. P. No.2179/2006, dated 19.11.2010 as per Judgment in W.P .No.12747/2012 dated 16.07.2018 and W.P.No.17643/2012 dated 16.07.2018 as confirmed in W. A. No.1745/2018 and W. A. No.1737/2018 respectively dated 06.06.2019 and to grant such other or further orders……. ”
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However, learned Standing Counsel raises the question of laches on the part of the petitioners in answer which, learned counsel for the petitioners relied on a Division Bench Judgment of this Court dated 06.06.2019 in Writ Appeal No.1737 and 1745 of 2018 wherein it was held that when the rights of third parties are not affected, the aspect of laches shall not come in the way of the Court in granting the said relief.
As a sequel, all the pending miscellaneous applications shall stand closed.
DR. K. MANMADHA RAO, J.
Date : 12-07-2022 Gvl
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HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.8755 of 2020
Date : 12.07.2022
Gvl
2 issues framed by the court
Whether to grant regular service status, pension benefits, and pecuniary benefits to contract labourers.
Whether the court must address the plea of laches given the existence of similar orders in related proceedings.
K. Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
