P.Ramakrishna vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble T. Rajani
Listed On:
27 Sept 2019
Original Order Copy
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Order Text
SMT JUSTICE T. RAJANI
WRIT PETITION No.14940 of 2019
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking to quash para No.11 of G.O.Ms.No.11, Finance (HR.III) Department, dated 20.01.2017, which is to the effect to put the petitioners on probation from the date of sanction of the post.
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Heard the learned counsel for the petitioners, learned Government Pleader for Finance and Planning and the learned Government Pleader for Agriculture appearing for the respondents.
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Learned counsel for the petitioners submits that the petitioners, who were appointed as full time contingent employees, retired as Field Assistants and their services were regularised with effect from 20.01.2017 by virtue of G.O.Ms.No.11, dated 20.01.2017 but they were kept on probation by virtue of para No.11 of the said G.O. The same was questioned in O.A.No.1740 of 2017 and batch and by virtue of the orders in the said O.A., the Tribunal had set aside the condition in para No.11 of the said G.O. observing that the said condition is totally unwarranted because the very regularisation of services of the petitioners is by recognising three decades of their services and once they have put in thirty years of service, seeking to place them under probation is totally untenable method adopted by the respondents.
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Hence, in view of the said order and in terms thereof, in this case also, the aforementioned condition in para No.11 of G.O.Ms.No.11, dated 20.01.2017, is set aside and the respondents are directed to regularise the services of the petitioners with effect from 25.11.1993 and on such regularisation, the petitioners would be entitled for notional pay fixation and the services from that day shall be counted only for the purpose of pension and pensionary benefits and appropriate orders in this regard shall be passed within a period of three (3) months from the date of receipt of a copy of this order.
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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_____________________ JUSTICE T. RAJANI
Date: 27.09.2019 AMD
SMT JUSTICE T. RAJANI
WRIT PETITION No.14940 of 2019
Date : 27.09.2019
AMD