Mallampati Chennareddy Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)

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FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 3363 & 39333 OF 2022

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WP N0.3363 OF 2022:

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Between:

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Mallampati Chennareddy, S/o Pullareddy, Hindu, aged about 61 years, Occ. Field Assistant, R/o D.No. 10-104-5A, Javahar Nagar Colony, Markapuram, Markapur, Prakasam District.

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Sd. Basha, S/o Rahamthulla, Muslim, aged about 61 years, Occ. Field Assistant, R/o Nellorepalem St Colony, Atmakur, Nellore,^P.S.RNellore district.

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Shaik Mastan vali, S/o Meera Saheb, Muslim, aged about 61 years, Occ. Filed Assistant, R/o D.No. 22-222, Kattakindapalem, Addanki Mandal, East side of sivalayam, Addanki (North) (U),^{Prakasamdistrict.}

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Padilam Veera Venkata Satyanarayamurthi, S/o Somannadora, aged about 61 years, Occ. Field Assistant, R/o D.No. 2-90/2, Venkanna Temple street, Rowthulapudi, Rowthulapudi Mandal, Routhalapuid,^East Godavari District.

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Kondepogu Samuel, S/o Jan,;Hindu, aged about 61 years, Occ. Field Assistant, R/o D.No. 9-222-6B, Ambedkar Colony, Bestavaripeta, Bestawaripeta, Prakasam district.

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G. Nanjappa, S/o late Gangappa, Hindu, aged about 61 years, Occ. Field Assistant, R/o D.No. 2-177, Rekulakunta, Madakasira Mandal, Anantapur district.

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Ravagondu Venkatramana, S/o Thirupalu, Hindu, aged about 62 years, Occ. Field Assistant, R/o D.No. 4-121, Krishnam Setty-palle,^Krishnam Setty Palle Mandal, Prakasam district.

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S. Sivulu Bai, W/o Sabavath Thirupal Naik, Hindu, aged about 62 years, Occ. Technical Assistant, R/o D.No. 2-116, Bagamthsalli, Kadiri, Aguvapalle, Ananthapur District.

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Kayta Velugonda Reddy, S/o Pichi reddy, Hindu, aged about 59 years, Occ. Field Assistant, R/o Gangampalli, Anumulapalle, Prakasam District.

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Thimmakka, W/o Golla Thippayya, Hindu, aged about 62 years, Occ. Field Assistant, R/o D.No. 17/13B, Golla Hatti, Madakasira, Ananthapur District.

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J. Rangappa, S/o Javarayappa, Hindu, aged about 58 years, Occ. Field Assistant, R/o D.No. 5/20, Agram palli, Kallumarri, Anantapur district.

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Palla Ravanamma, D/o Palla Thimmappa, Hindu, aged about⁵⁹ years, Occ. Technical Assistant, R/o D.Nq. 3/2-4, Krishnapuram, Thadigotia, Chintakommadinne Mandal, Cuddapah district.

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Kalluri Peeraiah, S/o Peda veerayya, Hindu, aged about 63 years, Occ.Field Assistant, R/o D.No. 5/225, Chinthakommadinne , Cuddapah district.

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Kareii Lingamma, W/o Kareti Nallayya, Hindu, aged about⁶² year, Occ. Field Assistant, R/o D.No. 51/151-1, Beside Sahi Hall, Kothapeta, Rayachoti, Cuddapah district.

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Settipalli Obulesu, S/o Peda Iragayya, Hindu, aged about 62 years, Occ. Field Assistant, R/o D.No. 51/10, Kothapeta, Rayachoti, Cuddapah district.

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, Represented by its Principle Secretary, Finance (HR-Ill) Department, Velagapudi at Amaravathi,^{GunturDistrict.}

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The State of Andhra Pradesh, Represented by its Principle Secretary Agriculture and Cooperation (Sericulture) Department, Velagapudi at Amaravathi, Guntur District.

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The Commissioner of Sericulture, Government of Andhra Pradesh, Vijayawada, Krishna District.

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The Joint Director of Sericulture, Ananthapur District, Ananthapuramu. 5. The Joint Director of Sericulture, Nellore District, Nellore.

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The Joint Director of Sericulture, Prakasam District, Prakasam.

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The Joint Director of Sericulture, East Godavari District, Eluru. 8. The Joint Director of Sericulture, Chittoor District, Chittoor.

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The Director of State Audit, Government of Andhra Pradesh,lbrahimpatnam,Gun/gur District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDMUS declaring the paragraph No. 11 of G.O.Ms.No. 11 Finance (HR.Ill) Department dated 20.01.2017 relating to placing Petitioners on probation from the date of sanction of the post as contrary to the letter and spirit of G.O.Ms.No. 212 Finance .86 Planning (FW.PC.III) Department dated 22.04.1994 illegal, irregular, arbitrary, unjustified, unconstitutional, and set aside the same and consequently hold that the petitioners are entitled to be regularized^{theirservicessoon} after

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their completion of 5 years of service with all consequential benefits pay fixation, old pension scheme, revised pay scales.

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lA NO: 1 OF 2022

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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 treat the Petitioners services as regularized with effect from date of completion of 5 years of service in G.O.Ms.No. 212 Finance & Planning (FW.PC.III) Department dated 22.04.1994 duly giving all the consequential benefits forthwith pending disposal of the above Writ Petition.

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Counsel for the Petitioner(s): SRI. A K KISHORE REDDY

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Counsel for the Respondent No.1: GP FOR FINANCE AND PLANNING

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Counsel for the Respondent Nos.2 to 9: GP FOR AGRICULTURE

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WRIT PETITION NO: 39333 OF 2022

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Between:

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Akula Ravi Kumar, S/o A Chenna Krishnaiah(Died), Hindu, Aged about 26 years, R/o D.no. 3/31F, Alugu Veedhi, Poleramma Temple daggara, Markapur, Prakasam District.

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K Thimmakka, W/o J Lakkappa(died), Hindu, aged about 46 years, R/o D.No. 5/3, Agarampalli, Kallumarri, Ananthapuram District.

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S Lalithamma, W /o M.S Thippeswamy(died), Hindu, aged about 62 years, R/o 1-165, Melavol, Melavol, Ananthapuram District.

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Allam Paadmavathi, W/o A Eswaraiah(died), Hindu, aged about 54 years, R/o D.No. 8-17-156/12, Sanjeeva Reddy Nagar, Giddalur, Prakasam district.

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Dema Subbalakkamma, W/o D Bala ramudu(died) Aged about 51 years, R/o D.No. 10-27-49-7, Modampalle, Giddaluru, Prakasam District.

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Vakicherla Surekha Madhuri, W/o V. V Siva Prasad, Hindu, aged about 50 years, R/o D.No. 1-160-9B, Islam peta main road, Bestawaripeta, Prakasam district.

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Tikkarapu Lakshumma, W/o T Jayaramaiah, Hindu, aged about 50 years, R/o D.no 13/54-1, Kothapalli, Mandaram, Rajampeta, Kadapa District.

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Nandyala Lakshmi Devi, W/o N Eswar Reddy, Hindu, aged about 61 years, R/o D.no 15/481, Cross roadf, Kamalapuram, Kadapa^District.

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Kudumula Malleswaramma, W/o K V Subba Reddy(died), Hindu, aged about 57 years, R/o D.no 4-8-248/2, Paul Reddy function hail backside, Pulivendula, Kadapa District.

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Anupuru Dastagiramma, W/o A Mahammed Basha, Aged about 54 years, R/o D.no 3/422, Indlur, harijanawada, Penagaluru, Kadapa District.

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Lakkireddypalli Sarada, D/ o S Jayamma, Aged about 47 years, R/o D.no 7/280, Mochampeta, Kadapa District.

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Barre Parimala Devi, W/o B Brahmam Reddy, Hindu, aged^about 50 years, R/o D.no 1-8-304, Raja Reddy Colony, Pulivendula, Kadapa District.

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Bariga Yogamma, W/o B Venkaiah(Died), Hindu, aged about⁵⁴ years, R/o Pothavaram(V), Podili Mandal, Khambalapadu,^Prakasam District.

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...PETITIONER

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AND

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The State Of Andhra Pradesh, Represented by its Principle Secretary, Finance (HR-Ill) Department, Velagapudi at Amaravathi,^{GunturDistrict.}

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The State of Andhra Pradesh, Represented by its Principle Secretary Agriculture and Cooperation (Sericulture) Department, Velagapudi at Amaravathi, Guntur District.

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The Commissioner of Sericulture, Government of Andhra Pradesh Vijayawada, Krishna District.

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The Joint Director of Sericulture, Ananthapur District, Ananthapuramu.

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The Joint Director of Sericulture, Prakasam District, Prakasam.

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The Joint Director of Sericulture, Kadapa District, Kadapa

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The Director of State Au(^, Government of Andhra Pradesh,

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Ibrahimpatnam, Guntur District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDMUS declaring the paragraph No.11 of G.O.Ms.No.11 Finance (HR.Ill) Department dated 20.01.2017 relating to placing the father of the petitioner No.1, husbands of the petitioner Nos. 2 to 10, 12 and 13 and mother of the Petitioner No.11 on probation from the date of sanction of the post as contrary to the letter and spirit of G.O.Ms.No. 212 Finance and Planning (FW.PC.III) Department dated 22.04.1994 illegal, irregular, arbitrary, unjustified, unconstitutional,^{andsetasidethesameand} consequently hold that they are entitled to be regularized^{theirservicessoon} after their completion of 5 years of service with all consequential benefits pay fixation, old pension scheme, revised pay scales.

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lA NO: 1 OF 2022

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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 treat the services^{ofthefatherofthe} petitioner No.1, husbands of the petitioner Nos. 2 to 10, 12 and 13 and mother of the Petitioner No.11 with effect from date of completion of 5 years of service in G.O.Ms.No. 212 Finance and Planning (FW.PC.III) Department dated 22.04.1994 duly giving all the consequential benefits forthwith pending disposal of the above Writ Petition.

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Counsel for the Petltioner(s); SRI. A K KISHORE REDDY

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Counsel for the Respondent Nos.1, 7: GP FOR FINANCE^&PLANNING

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Counsel for the Respondent Nos.2 to 6: GP FOR AGRICULTURE^AND COOPERATION

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The Court made the following: COMMON ORDER

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APHC010045322022

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3310]

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(Special Original Jurisdiction)

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FRIDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 3363/2022 & 39333/2022

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WP No.3363/2022 :

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Between:

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Mallampati Chennareddy and Others ...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitloner(S):

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1.AKKISHORE REDDY

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Counsel for the Respondent(S):

1.GP FOR SERVICES IV

2.GP FOR SERVICES I

3.GP FOR AGRICULTURE

The Court made the following:

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COMMON ORDER :

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When the matters are taken up for hearing, learned counsel appearing for the petitioners, submits that, these matters are squarely covered by a common order this Court dated 23.08.2024 passed in W.P.Nos.22180 of 2022 & batch. ! Therefore, learned counsel requests this Court to pass^{similarorderinthesewrit} petitions also.

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2, Learned Government Pleader for Services appearing for the respondents does not refute the said submission.

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This Court, vide common order, dated 23.08.2024 has disposed of WP Nos.22180/2022 & batch by a common order. The operative portion of the said common order, reads as under;

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"10. Therefore, keeping in view of the ratio iaid down by this Court in the decisions cited supra, directing the respondents to reguiarize the services of the petitioners with effect from the date of their compieting their five year continuous service, on or before 25.11.1993 retrospectiveiy for the purposes of their pension and pensionary benefits. They shaii however not be entitied to actuai monetary benefits for the said period, in the form of arrears of pay or ailowances. The same order shaii be appiied in other writ petitioners in this batch writ petitions aiso.

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With the above direction, the batch of writ petitions is disposed of by a Common Order, it is made dear that the directions contained in this order shaii be implemented within three (03) months from the dote of receipt of a copy of this order. There shaii be no order as to costs."

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So, in view of the submissions of both the learned counsels and by following the order of this Court dated 23.08.2024 passed in W.P.Nos.22180 of 2022 & batch, this Court is inclined to dispose of these writ petitions in terms of said order passed by this Court.

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Accordingly, both the Writ petitions are disposed^{ofintermsofthesaid} order dated 23.08.2024 passed in W.P.Nos.22180 of 2022 and batch.

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The Registry is directed to attach a copy of the^common order passed by this Court in W.P.No.22180 of 2022 & batch, dated 23.08.2024.

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As a sequel, interlocutory applications, if any pending, shall stand closed.

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Sd/-V.DIWAKAR //TRUE COPY// DEPUTY REGI^RAR SECTION OFFICER

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To,

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(HR-Ill) Department, Velagapudi at

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1. The Principle Secretary, Finance Amaravathi, Guntur District.

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2 The Principle Secretary, Agriculture and Coop^ti°n (Sericult^ ■ Department, Velagapudi at Amaravathi, Guntur District.

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The Commissioner of Sericulture, Government of Andhra Pradesh, Vijayawada, Krishna District.

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The Joint Director of Sericulture, Ananthapur District, Ananthapuramu.

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The Joint Director of Sericulture, Nellore District,^Nellore.

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The Joint Director of Sericulture, Prakasam District,^Prakasam.

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The Joint Director of Sericulture, East Godavari District, Eluru.

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The Joint Director of Sericulture, Chittoor District,^Chittoor.

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The Director of State Audit, Government of Andhra Pradesh, Ibrahimpatnam, Guntgur District

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One CC to Sri. A K Kishore Reddy, Advocate [OPUC]

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Two CCs to GP For Agriculture and Cooperation ,High^CourtOf Andhra Pradesh. [OUT]

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Two CCs to GP For Finance and Planning, High Court^{of Andhra} Pradesh [OUT].

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Three CD Copies [Along with the copy of the common order passed by^thisCourtin

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W.P.No.22180 of 2022 & batch, dated 23.08.2024].

HIGH COURT

DATED:03/01/2025

COMMON ORDER

WP.Nos.3363 & 39333 of 2022

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DISPOSING OF THE WPS WITHOUT COSTS

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1

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APHC010366622022

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3310]

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(Special Original Jurisdiction)

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FRIDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NOs: 22180, 21579, 21585, 21587, 21588. 21589, 21591, 21597. 21604, 21606. 21609, 21677, 21697, 21699, 22972 OF 2022, 28896 16862, 18832, 8768 and 13311 of 2021, 24419, 23863, 4976 of 2020

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WRIT PETITION NO: 22180 OF 2022

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Between:

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G. Anjaneyulu, and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.K SRINIVASA PRASAD

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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COMMON ORDER:-

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Since the facts and issue involved in all the Writ Petitions, I find it expedient to decide these matters by a Common Order. For the sake of convenience, W.P.No.22180 of 2022 is taken as leading^case.

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The case of the petitioners in W.P.No.22180 of 2022 in short is that they were appointed as NMRs in the year 1981 onwards in the 4"^ respondent

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2

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corporation and they were working without any break.^{Whilethematterstood} thus, the Government issued G.O.Ms.No.11 dated 20.01.2017 have sanctioned 726 posts in the category of Field Assistants in Sericulture Department on supernumerary basis for regularization of services full time contingent employees, who have fulfilled the conditions stipulated in Government orders vide G.O.Ms.No.212, dated 22.04.1994, G.O (P).No.112, dated 23.07.1997 and G.O.Ms.No.11, dated 20.01.2017. Accordingly the Commissioner of Sericulture, Guntur issued proceedings^{dated08.02.2017} has distributed 2970 posts to the Ananthapur District to regularize the fill time contingent employees in the District by giving temporary employment in the category of Field Assistants. In view of the said G.Os, the services of the petitioners were regularized by appointing them as Field Assistants in Ananthapur District prospectively from the date of issue of orders without granting retrospective regularization from the date of completion of five years for counting of daily wage service rendered prior to their regularization of services for the purpose of pension and pensionary benefits, without monetary benefits, as regularization orders were issued after more than 25 years service rendered by them on NMR basis. Further their probationary period was also declared vide proceedings dated 12.06.2019 and some of the petitioners were promoted as Technical Assistants from the category of Field Assistant vide proceedings dated 26.03.2021. Therefore, the petitioners are entitled retrospective regularization from the date of completion of five years, hence the present writ petitions came to be filed.

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3

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Heard Mr. K. Srinivasa Prasad, Mr. P. Raghavendra Reddy, learned counsel for the petitioners and learned Assistant Government Pleader, Services-I; learned Assistant Government Pleader, Services-ll for the respondents.

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During hearing learned counsel for the petitioners reiterated the contents urged in the writ petitions and placed on^{recordthedecisionofthe} Hon’ble Division Bench of the composite High Court at Hyderabad in itGovernment of A.P rep., by its Principal Secretary, PR and RD Department, Hyderabad and Others v. N. Venkaiah and Others’’^ wherein it was held as follows:-

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“53. On the above analysis, the writ petitions are disposed of directing the authorities concerned to extend the benefit of B. Srinivasulu (1 supra) to the employees in this batch of cases by reckoning their^{servicesfromthedateof} completion of five years in service, on or before 25.11.1993, for the purpose of their pension and pensionary benefits. They shall^{howevernotbeentitled} to actual monetary benefits for the said period, in the form of arrears of pay or allowances. ”

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So also, the Division Bench of this Court following^{thedecisionofN.} Venkaiah’s case (cited supra) in aA.P.Bevarages Corporation Limited, Vijayawada, Krishna District v. K. Kesava Narayana Reddy and Others”^, wherein it was held as follows:-

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“15. Following the Division Bench judgment in N. Venkataiah’s ^case (supra), we hold that the services of respondent Nos. 1 to 60/ writ petitioners would be deemed to have been regularized from the cut-off date,^{i.e25.11.1993,forthe}

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' 2018(4) ALT 6 (D.B) ^ 2021(5) ALD 422 (AP) (DB) ^ 2018(4) ALD 590 (DB)

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4

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purpose of fixation of pension and pensionary benefits. As held in the aforesaid judgment, respondent Nos.1 to 60/ writ petitioners^arenottobe given any monetary benefits in the form of arrears of pay or otherwise from that date. Respondent Nos. 1 to 60/ writ petitioners will be entitled to salary in terms of G.O.Ms.No.31, dated 28.02.2017.

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And also, the Division Bench of this Court also^{followedthedecision} of N. Venkataiah’s case cited supra in “The State of Andhra Pradesh rep., by its Principal Secretary, Agriculture & Corporation (Sericulture) Department v. T.S.Gopalaiah”^, wherein it was held^asfollows:-

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“12. We are of the considered opinion that ends of justice will be sub-served in the present case by moulding the relief by providing that though the writ petitioners would be deemed to have been regularized^{fromthecut-offdated} i.e 25.11.1993 for the purpose of fixation of pension and pensionary benefits, pension will be made available to them only from the date of filing of the writ petition i.e from 19.02.2020.

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Learned Assistant Government Pleaders for the respondents vehemently opposed to allow the writ petitions.

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Perused the record.

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No doubt, the issue involved in these writ petitions are squarely covered by an order of this Court as cited supra, where^underthis Court passed several orders by following the decision of Hon’ble Apex Court and also the Government issued G.Os by granting retrospective regularization for the purpose of pension and pensionary benefits for the service rendered prior to regularization of their services. It is further contended by the learned counsel for the petitioners that in similar circumstances the Government

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“ W.A.No.483, 2021, dated 05.08.2021

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5

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issued G.O.Rt.No.664, dated 10.07.2018 granting relief of retrospective regularization in the case of employees working in Tirupati Muncipal Corporation. The Government also issued another G.O.Ms.No.8, Water Resources Department, dated 10.02.2020 extending the^{similarbenefittothe} employees working in irrigation department and that the petitioners in this writ petition also seeking similar relief for the said benefit.

¶168

Therefore, keeping in view of the ratio laid down by this Court in the decisions cited supra, directing the respondents to regularize the services of the petitioners with effect from the date of their completing their five year continuous service, on or before 25.11.1993 retrospectively for the purposes of their pension and pensionary benefits. They shall^{howevernotbeentitledto} actual monetary benefits for the said period, in the form of arrears of pay or allowances. The same order shall be applied in other writ petitioners in this batch writ petitions also.

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With the above direction, all the writ petitions are disposed of by a Common Order. It is made clear that the directions contained in this order shall be implemented within three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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The miscellaneous applications pending, if any, shall^{alsostandclosed.}

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DR. JUSTICE K. MANMADHA RAO

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Date: 23.08.2024

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KK

Mallampati Chennareddy v. The State of Andhra Pradesh

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Mallampati Chennareddy v. The State of Andhra Pradesh

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