G CHENNAKESHAVALU vs THE STATE OF ANDHRA PRADESH

APHC010328562023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16947/2023 Between: P Narasamma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.

G SAI NARAYANA RAO Counsel for the Respondent(S): 1.

GP FOR SERVICES I 2.

GP FOR SERVICES II WRIT PETITION NO: 89/2023 Between: G Chennakeshavalu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.

GP FOR SERVICES II The Court made the following: 2 COMMON ORDER:- The present writ petitions are filed questioning the inaction of the respondent authorities in considering and passing orders on the petitioners’ representations dated 27.12.2021 and 01.03.2022 in terms of G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, 22.04.1994 and the judgments of this Hon’ble Court in W.P.Nos.33936 of 2011 & batch and W.P.Nos.4247 of 2019 and batch.

2.

The petitioners are working as technical assistants and field assistants in various farm units in District of Anantapuramu for last 30 years.

They have joined as daily wage workers at various points of time prior to issuance of G.O.Ms.No.212, dated 22.04.1994 and since they have completed five (05) years of continuous service as of 25.11.1993, they were treated as full time contingent employees as no vacancies existed at that point of time.

Government vide G.O.Ms.No.11, Finance (HR.III) Department, dated 20.01.2017, sanctioned 726 posts in the category of Field Assistants in Sericulture department on supernumerary basis for regularization of services of full-time contingent employees who fulfilled conditions stipulated in G.O.Ms.No.212.

Ms.No.212.

Out of the said 726 posts of Field Assistants, 297 posts were allotted to Anantapuramu District and accordingly, the Joint Director, Sericulture, Anantapuramu issued proceedings dated 15.02.2017, appointing petitioners as Field Assistants and placed them on probation for a period of two (02) years.

On completion of the same, by proceedings dated 12.06.2019, their services came to be regularized.

The petitioners therefore claiming that they are entitled for retrospective regularization from the date of completion of five (05) years made representation to the respondents for considering the same and to grant pensionary benefits accordingly.

As respondents have not responded, the present writ petitions came to be filed.

Respondents have not filed specific counter, by way of memo counter in W.P.No.21579 of 2022 has been adopted.

3 3.

Heard Sri G.Sai Narayana Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Services-II for the respondents.

4.

While reiterating the submissions made above, learned counsel for the petitioners by referring to common order dated 23.08.2024 passed in W.P.Nos.22180 of 2022 and batch submits that the issue raised in the present writ petitions are squarely covered by the aforesaid decision.

The counter in W.P.No.21579 of 2022 which has been adopted in the present writ petitions has also been considered and the said case has been disposed by aforesaid common order.

Therefore, the present writ petitions also deserve to be disposed in similar lines.

5.

On the other hand, learned Assistant Government Pleader by referring to the counter filed in W.P.No.21579 of 2022 which has been adopted in the present writ petitions, opposed the aforesaid contentions, however acceded to the submission that W.P.No.21579 of 2022 was disposed by the aforesaid common order.

A Co-ordinate Bench of this Court in the aforesaid batch of cases while considering similar issue held as follows:- “9. lows:- “9.

No doubt, the issue involved in these writ petitions are squarely covered by an order of this Court as cited supra, where under this 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 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 similar benefit to the employees working in irrigation department and that the petitioners in this writ petition also seeking similar relief for the said benefit.

10.

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 however not be entitled to 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.

4 11.

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.” 6.

Accordingly, these writ petitions are disposed of in terms of the aforesaid directions.

As a sequel, miscellaneous petitions, if any, pending shall stand closed. nd closed. _______________________ CHALLA GUNARANJAN, J Date: 10.03.2025 SCS 5 191 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos: 16947 & 89/2023 Date: 10.03.2025 SCS