This court disposed of a writ petition regarding regularization of services. Relying on a previous order in WP No. 17382 of 2021, the court directed the petitioner to submit a fresh representation and instructed the respondent to consider it within three months, ensuring priority for absorption based on a Supreme Court undertaking.
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.
[33ol ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 35668 OF 2024
Between:
M. Chandraiah, S/o. Vasudevaiah, ala 56 Years, N. M. R. Lascar, (S1 . No. 57, in W. i,(9) No 97i88) N. S. C, MonitoringSub- Division- 4 Tekuta'paily, Khammam District.
.....PETITIONER
AND
Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction by declaring the action of the respondents in not considering the case of the petitioner for regularization of his services as per G. O. Ms. No. 143, lrrigation (Ser. V) Department, dt. 16- 03- 84, notionally on completion of S years of service, as was done in case of similarly placed persons, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to consider the case of the petitioner for regularization of his seryices as per G.O.Ms.No. l43, lrrigation (Ser. V) Department, dt. 16- 03- 84, notionally on completion of 5 years of service, as
,/' well as per the Judgments of this Hon'ble Court and Hon,ble Supreme Court, with all consequential benefits.
l.A.NO:1 OF 2024
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 lhe respondents to consider the case of the petitioner for regularization of this services as per G.O.Ms.No.143, lrrigation (Ser. V) Department, dt. 16- 0384, notionally on completion of 5 years of service, as well as the Judgments of this Hon'ble court and Hon'ble supreme court, pending final disposal of the main writ petition.
Counsel for the Petitioner : SRI A.K.JAYAPRAKASH RAO
Counsel forthe Respondents : Gp FOR SERVICES-I
The Court at the stage of admission made the following ORDER
//
THE HON'BLESRI JUSTICEPULLA KARTHTK
WRIT PETITIONNo.35668oF 2024
o RDER:
.This Writ Petition is filed aggrievedby the action of the respondentsin not consideringthe case of the petitioner for regwlarizationof his servicesas per G'O'Ms'No'143' Irrigation (Ser.V) Department,datedl6'03' 1984'
\
( I,
PK, J uP_35668 .2024
2
representation to respondent No. I u,ithin a period of two (2) wecks from the date of receipt of a copy of this order and on receipt of such representation, respondent No.1 shall consider the same and pass appropriate orders thereon strictly in accordance with law and duly taking into consideration the undertaking given by him before the Hon'ble Supreme Court that the petitioners therein including the petitioner herein will be given preference for absorption in any future vacancies that may arise after adjusting the surplus persons. The entire exercise shall be completed within a period of three (3) months thereof. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
SD/.K. SREE RAMA MU ASSISTANT REGIS
//TRUE COPY//
To
SECTION OFFICER
Telangana at Hyderabad. [OUT]
Along with a copy of the order dated 03.Ot .2024 in W.p. No..1 738 2 ot 2021 SA BS
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i
HIGH COURT
DATED:1 911212024
ORDER
WP.No.35668 of 2024
o B IHE s 14
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o 27 Dic zw ),
o (j<br>P4rcHEg
DISPOSING OF THE W.P
AT THE STAGE OF ADMISSION WITHOUT COSTS
Y
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.NO. 17382 of 2O2l
ORDER:
. In this writ petition, the petitioners are seeking a Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioners for regularization of their services as per G.O.Ms.No. 143, Irrigation (Ser.V) Department, dated 16.03.84, notionally on completion of 5 years of service, as was done in the case of similarly placed persons, as illegal, arbitrary and unconstitutional and consequently to direct the respondents to consider the case of the petitioners for regularization of their services as per G.O.Ms.No.143, Irrigation (Ser.V) Department, dated 16.03.84 and also as per the judgments of this Court and Honble Supreme Court with all consequential benefrts and to pass such other order or orders in the interest of justice.
2
TUD,J W.P.No-173a2 of 2O2 I
the discontinuation of their services by filing W.P.Nos.793/87, 528187 and 97 /88 before the Hon'ble Supreme Court and before the Hontrle Supreme Court, the State Government had given an undertaking that preference will be given to the petitioners herein for re-engagement and that they will be considered for absorption against aly further vacancies that may arise after adusting the existing surplus persons and when they have work, they will be re-engaged. Accordingly, the petitioners were re-engaged into service in the year 2O09. It is submitted that the respondents have been regularizing the services of various similarly placed persons in the light of the G.O.Ms.No. 143, dated 16.03.1984, on completion of five years of service. Since the petitioners have put in more than five years of service, but their services were not regrrlarized, the present writ petition has been filed.
3
T'ID,J W.P.No.l73a2 of 2O2 I
'-7
in those writ petition had approached the Labour Court and there was an award of the Labour Court in their favour.
IT
4
TMD,J W.P.No-U3a2 oJ 2O2t
Date: o3.O7.2024 bak
JUSTI CE T.MADHAVI DEVI
2 issues framed by the court
Whether the petitioner is entitled to regularization of services as per G.O.Ms.No. 143 dated 16-03-84.
Whether a High Court order in a related writ petition (WP No. 17382 of 2021) covers the lis of the present petition.
M. Chandraiah
The State of Telangana
The Engineer-in-Chief, Irrigation and CAD Department
The Chief Engineer, Irrigation and CAD Department
The Superintending Engineer, Irrigation Circle
Justice Pulla Karthik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
