Dismissed

The Commissioner, v. K. Krishna

Telangana HC19 Nov 2012WP/35347/2012

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by petitioner(s) challenging the order of the A.P. Administrative Tribunal, Hyderabad, which allowed the applicant's OA and directed regularization of services with effect from 25.11.1993. The Court found no illegality as the applicant completed five years of service by the cut-off date.

What did the court decide?

Prayer for setting aside the Tribunal's order to regularize services with effect from 25.11.1993 dismissed.

The Commissioner, Vs K. Krishna — Service and Employment | Telangana HC (2012)

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HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON'BLE SRI JUSTICE K.S.APPA RAO

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W.P.No.35347 of 2012

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ORDER:

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(Per. Hon’ble Sri Justice Ashutosh Mohunta)

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This Writ Petition is filed seeking to set aside the order dated 25.07.2012 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.5936 of 2012, vide which the said O.A. filed by the 1^st respondent-applicant was allowed and the petitioners herein were directed to regularize the services of the applicant with effect from 25.11.1993, as per G.O.Ms.No.212, Finance and Planning Department, dated 22.04.1994. It was further clarified that the applicant is not entitled for arrears of pay, but he is eligible only for notional fixation of pay.

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The 1^st respondent-applicant filed O.A.No.5936 of 2012 before the Tribunal contending that though he has completed five years of service as on 25.11.1993 and though similarly placed persons were extended the benefit of retrospective regularization from 25.11.1993, he was not extended the said benefit and, therefore, sought for a direction to the petitioners herein to extend the same benefit to him also. The Tribunal by placing reliance on the judgment of the Supreme Court in District Collector/Chairman and others V. M.L. Singh and others^[1] held that as the applicant therein has completed

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five years of service by the cut off date i.e., 25.11.1993, he is entitled for regularization of his services with effect from 25.11.1993. As the 1^st respondent-applicant has completed five years of service by the cut off date and as the similarly placed persons were extended the benefit of regularization from 25.11.1993, the Tribunal rightly extended the same benefit to the 1^st respondent-applicant also.

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For the aforementioned reasons, we are of the considered view that there is no illegality or irregularity in the order passed by the A.P. Administrative Tribunal, Hyderabad, warranting interference from this Court. Accordingly, the Writ Petition is dismissed. No order as to costs.

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_________________________________ JUSTICE ASHUTOSH MOHUNTA ________________________ JUSTICE K.S.APPA RAO

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19.11.2012 Gsn

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[1] 2009 (8) SCC 480

The Commissioner, v. K. Krishna

Case brief

What is this about?

What did the court decide?

The Commissioner, v. K. Krishna

Case brief

What is this about?

What did the court decide?

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