M. Padmamma Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

M. Padmamma Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent No. 2 to consider the petitioner's representation dated 02.12.2024 and pass appropriate orders in accordance with law within six weeks; no order as to costs; pending miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the action of the 1st and 2nd respondents in not regularizing the petitioner's services w.e.f. 22-04-1994 under G.O.Ms. No. 212 dated 22.04.1994 and in not paying pensionary benefits along with revised pay scales 2010, 2015 and 2020 is illegal and arbitrary, warranting a writ of mandamus. +1 more

Court's answer

The Court did not adjudicate the petitioner's entitlement to regularization under G.O.Ms. No. 212 or to pensionary benefits and revised pay scale arrears; the merits were left open for consideration by respondent No. 2 in accordance with law.

Ratio / Principle

Having considered the submissions of learned counsel for the petitioner, and without going into merits, the Court directed respondent No. 2 to consider the petitioner's representation dated 02.12.2024 and pass appropriate orders in accordance with law within six weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ Petition (Article 226, Constitution of India) by M. Padmamma, a retired watchman of TGSWRS/JC, Bhongir, appointed as a daily wage worker on 20.02.1986, seeking a writ of mandamus declaring illegal and arbitrary the respondents' failure to regularize her services w.e.f. 22-04-1994 under G.O.Ms. No. 212 dated 22.04.1994 and to sanction and release pensionary benefits with revised pay scale arrears (2010, 2015 and 2020) despite her retirement on 31.10.2024. An earlier order of this Court in W.P. No.47489 of 2018 dated 31.12.2018 directing fixation of remuneration per revised pay scales 2010 and 2015 was not implemented. After retirement she made a representation dated 02.12.2024 to respondent No. 2. Disposing of the petition without going into merits, the High Court (Justice Namavarapu Rajeshwar Rao, 05.02.2025) directed respondent No. 2 to consider the representation dated 02.12.2024 and pass appropriate orders in accordance with law within six weeks; no order as to costs; pending miscellaneous applications closed.

[³³⁰⁴ ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR^RAO

WRIT PETITION NO: 3210 OF 2025

Between:

M. Padmamma, Wo Late Narayana, Aged about 61^{years, Occ. Watchman(} Retd) ln TGSWRS/JC. Bhongii, Yadadri Bhongir District.^{R/o H.No.2-60i1'} Padrhashali Nagar, Amangal, Ranga Reddy District.^{Telangana State - 509} 321

...PETtrtoNER

AND

.l . The State of Telangana, Rep. byits Principal Secretary, Social Weffare Department, Secretariat, Secretariat Buildings,^HyQerabq!.

Telangana Social welfare Residential Educational^{lnstitutions Society, Rep. by} its Sedretary, Telugu Samkshema Bhavan, Masab^{Tank,Hyderabad.-} -

The Principll, Telangana Social^{welfare Residential School Bhongir, Yadadri} Bhongir District

...RE''.NDENTS

Petition under Article 226 of 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, order or direction more^{particularly one in the nature of} writ of Mandamus declaring the action^{of 2nd Respondent in not sanctioningand} releasing the Pensionary Benefits^{thoughshe retired on 31-10-2024duly} regularizing her services^w.e.f .^{22-4-1994uhder G.O.Ms' No. 2't 2Dated} 22.4.1994 along with revised^pay scale^{arrears 2010,2015 and 2020 and though} the petitioner covered under^{G.o.Ms.No. 212, Dated22.4.1994for regularization} of the services, her services^{were not regularized along with other similar situated} 4th Class Employees working^{in the same society' Accordinglyher pensionary} benefits not reiedsed though^{she retired on 30.1o.2024.The action of the 1st and} 2nd Respondent in not regularizing^{the servicesof the petitionerand not paying} pensionary benefits along with Revised^pay scales^2o1o ,2015^{and 2O20is illegal,} arbitrary and violation of^{Principlesof Natural Justiceand alsoviolationof} fundamental rights and also^{violation of Articles'14,16 and 21 o1 the constitution of} lndia consequently^{direct the respondentsto sanctionand release pensionary}

l+..et;tlr-

benefits duly regularizing her services^{w.e.f.22-4-1994covered under G.O.Ms.} No. 212 along with Revised Pay Scales^{2010, 2015and 2O20 arrerarswith bank} rate of interest

lA NO: 1 OF 2025

Petition under lSection 151 CPC^{praying that in the circumstancesstated in} the affidavit filed in support of the^petition, the^{HighCourt may be plc'asedto direct} the respondents to consider and^pass appropriate^{order on the representation} daled 212 2024 submitted to the 2nd^{Respondentfor pensionar5rbenefits and} Revised Pay Scales 2010,2015 and 2020 arrears

Counsel for the Petitioner: SRI M. KRUPAKAR

Counsel for Respondents: GP FOR SOCIAL WELFARE

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE^{NAMAVARAPU RAJESHUIAR RAO} WRIT PETITION No.321O of 2O25

ORDER:

Heard learned counsel appearing^{for the petitionerand} the learned Government Pleader^{appearing for the respondents} and perused the record.

Learned counsel for the petitioner^{submits that the then} Government of Andhra Pradesh^{has constitutedrespondent} Nos.1 and 2 institutions for^{rendering Education as a measure} of Social Welfare in the^{form of ResidentialSystem. Respondent} No.2 appointed the petitioner^{as a daily wage worker on} 20.02.1986 uide^{proceedings Rc.No'B/678} l06/Du,^dated 12.05.1986. The Principal,^{Social Welfare ResidentialSchool,} Bhongir, Nalgonda District^{issued servicecertificate for the year} 1986 to 1990 uide^{proceedings No.All116190, dated} 21.12.1990 and the^{petitioner has continued her servicesin the} same organization without^{any break,as such, APSWRS School} (G), Suryapeta issued service certificate^{from January1999} onwards uide proceedings^{No.A/Class-IV/Estt/2OOI,dated} 2a.O7 .2OOI. Thereafter,^{service certifrcatewas issued by the}

2

APSWR (RRR.P) School (G), Dindi, Nalgonda vide p,r66sgdlng5 dated 24.01.2012

Learned counsel for the petitioner further submits that the District Collector, Chairman, DSWREI Societrr and the Convener PrincipaJ, APSWRS/JC, Suryapet hzrs issued proceedings u,ide Rc.No.A /599 /2006 seeking permission from the Government for regularization of services of the daily wage employees as the daily wage employees are cove red under G.O.Ms No.i2 12 and fulfrlled all the conditions, wherein the petitioner's rrame is placed at Sl.No.l, which shows the caste of the petitioner as B.C., qualilications as VII class, Date of Birth as 01.10.I96:i and the requisite service of 5 years is completed for regularizzrtion.

Learne,i counsel for the petitioher further sutrmits that the petitioner approached this Court in W.P No.47489 of 2OI8 and this Court on 31.12.2018, directed the respondr:nts to fix the remuneration of the petitioner as per revised pa1. scales of 2010 and 2015 within six weeks and communicate saLme to the petitioner. D,espite the order passed by this Court, respondents

have not paid the revised^{pay scales till the retirementof the} petitioner i.e., on 31.LO.2024.

Learned counsel for the^{petitioner further submits that} respondent No.2 issued the circular^{for regularization of Daily} Wage Employees vide proceedings uide

Rc.No.G1/P/1389 l2006, dated 08.06.2006^{and the proposals} were sent to the Government in^{accordancewith the G.O.Ms} No.21,2, dated.22.04.1994.^{Though the petitioneris entitled for} regularization of service^{w.e.f 22'O4.1994,h,er serviceswere not} regularized in accordance^{with law' The respondent No'2 has} issued proceedings Lr.Rc.No.G/TSlL248f2}fi,^dated 1O.O8.2022 addressed to the^{Principal Secretary, S'C'D} Department, Hyderabad,^{wherein itis clearly mentioned to} implement P.R.C.2O1O,^{2Ol5 and 2O2O.}

Learned counsel for the^{petitioner further submits that} the petitioner retired^{from services on 31.1O.2024from} TGSWRS/JC, Bhongir, Yadadri-Bhongir^{District. Thoughshe} \ has retired from services, her^{services werenot regularizedin} accordance to G.O.Ms No.212,^{dated 22.04.1994 arld Revised} Pay Scales 2OlO, 2Ol5 and^{2O2O were not being paid despite}

I

4

the order passed by this Court in W.P.No.47489 of 2t118, dated 3I.12.2018. Therefore, the petitioner made a representation to the respondr:nt No.2 on 02.12.2024 requesting to regrrlarize her service w.e.f . 22.04.7994 and to sarrction and rr:lease her revised pav scales 2O1O, 2Ol5 and 2O2O along with grensionaqz benefits. Hence, the present writ petition

Having considered the submissions made by learned counsel for the Petitioner and without going into merits, the respondent l{,:.2 is directed to consider the representation of the petitioner dated 02.L2.2O24 and pass appropriate orders in accordance u,ith law, within a period of six (08) weeks from the date of receipt of a copy of this order.

With th.e above direction, the Writ Petition is disposed of.

No order as to costs.

As a serpel, miscellaneous applications pending, if any, in

this Writ Petition, shall stand closed.

SD.K.SREERAMA^MURTHY A REGISTRAR

//TRUE^COPY//

CTION^OFFICER

To,

1 The Secretai'v. Telanoana Social^{welfare Residential Educational lnstitutions} sijii"tv, iitr6i,^{samlishemaBhavan,MasabTank, l-lYderaba'J'}

2 ir'" Ffii-riipJlietanganisJcGi*"ttio^{Residential Sthool Bhongir' Yadadri} Bhongir District.

3 one dc to Sri M^Krupakar Advocate [OPUC] 4 iil aa;i"-ci^{ror Sociit} wetiar" ,tiigt^{court for the state of Telangana'} lourl

5 Two CD Copies

MB o-LS

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HIGH C URT

DATED: 0510212025

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ORDER

WP.No.3210 of 2025

DISPOSING OF WRIT PETITION

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WITHOUT COSTS

Procedural history

How this case reached the court

AI extract

Prior proceeding
Respondent No. 2 appointed the petitioner as a daily wage worker on 20.02.1986 vide proceedings Rc.No.B/678/106/Du dated 12.05.1986.¶27
Prior proceeding
The Principal, Social Welfare Residential School, Bhongir (Nalgonda District) issued a service certificate for 1986 to 1990 vide proceedings No.All116190 dated 21.12.1990.¶27
Prior proceeding
APSWRS School (G), Suryapeta issued a service certificate from January 1999 onwards vide proceedings No.A/Class-IV/Estt/2001 dated 28.07.2001.¶27
Prior proceeding
APSWR (RRR.P) School (G), Dindi, Nalgonda issued a service certificate vide proceedings dated 24.01.2012.¶29
Prior proceeding
The District Collector, Chairman DSWREI Society and Convener Principal, APSWRS/JC Suryapet issued proceedings Rc.No.A/599/2006 seeking Government permission to regularize the daily wage employees covered by G.O.Ms. No. 212 who fulfilled all conditions, with the petitioner placed at Sl.No.1.¶30
Prior proceeding
In W.P. No.47489 of 2018, this Court on 31.12.2018 directed the respondents to fix the petitioner's remuneration as per revised pay scales 2010 and 2015 within six weeks.¶31
Prior proceeding
Despite the 2018 order, the respondents did not pay the revised pay scales until the petitioner's retirement on 31.10.2024.¶32
Prior proceeding
Respondent No. 2 issued a circular for regularization of Daily Wage Employees vide proceedings Rc.No.G1/P/1389/2006 dated 08.06.2006, and proposals were sent to the Government in accordance with G.O.Ms. No. 212 dated 22.04.1994.¶34
Prior proceeding
Respondent No. 2 issued proceedings Lr.Rc.No.G/TSlL248f2}fi dated 10.08.2022 addressed to the Principal Secretary, SC'D Department, mentioning implementation of P.R.C. 2010, 2015 and 2020.¶34
Prior proceeding
The petitioner retired from service on 31.10.2024 from TGSWRS/JC, Bhongir, Yadadri-Bhongir District, without her services having been regularized.¶35
Prior proceeding
The petitioner made a representation dated 02.12.2024 to respondent No. 2 requesting regularization of service w.e.f. 22.04.1994 and sanction/release of revised pay scales 2010, 2015 and 2020 along with pensionary benefits; hence the present writ petition.¶38