HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA AND HONOURABLE SRI JUSTICE K.S. APPA RAO

WRIT PETITION No. 36304 OF 2012.

DATED 3RD DECEMBER, 2012

BETWEEN

M/s. Kalyandurg Municipality, Kalyandurg, Ananthapur Dist. Rep. by its Commissioner

…Petitioner

And

B. Aswatha Reddy and ors.

….Respondents.

HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA AND HONOURABLE SRI JUSTICE K.S. APPA RAO

WRIT PETITION No. 36304 OF 2012.

ORDER: ( Per AM.J.)

Respondents 1 to 5 herein have approached the Andhra Pradesh Administrative Tribunal by way of filing O.A.No. 5857 of 2012 seeking a direction to the petitioner and respondents 6 and 7 to regularize their services in terms of G.O.Ms.No. 212, dated 22.4.1994 from the date of completion of five years by creating posts in terms of the staffing pattern and to pay minimum time scale to them.

The Tribunal in the order impugned dated 17.7.2012 while disposing of the subject OA placed reliance on the similar orders passed in OA.No. 1922 of 2008 and OA.No. 6767 of 2009 wherein the request of the applicants therein for regularization of services was rejected, and, in OA.No. 5707 of 2009 wherein as the applicant therein had competed five years continuous service by the cut off date, the authorities therein were directed to consider the case of the applicant within a time frame; however, in all the above three OAs, the Tribunal directed the authorities to pay the minimum time scale to the applicants therein together with DA and also pay back wages of three years prior to the filing of the said OAs within a time frame.

The learned Counsel for the petitioner submitted that respondents 1 to 5 herein have not completed five years of service by the cut-off date i.e. 25.11.1993 and hence they are not entitled for regularization of their services nor they are entitled to receive minim time scale of pay.

After hearing the learned Counsel on either side, we are of the considered opinion that as far as the regularization of the services of respondents 1 to 5 is concerned, as they have not completed five years of service by the cut off date i.e. 25.11.1993, they are not entitled to claim the regularization in terms of A.Manjula Bhashini Vs. The Managing Director, A.P. Womens' Cooperative Finance Corporation Limited {2009 (5) ALD 58 (SC)}. However, as respondents 1 to 5 herein have put in about fifteen years continuous service, they are entitled to receive minimum time scale of pay together with DA and backwages of three years prior to the filing of OA, as has been held by the Tribunal. The petitioner is directed to pass appropriate

orders in regard thereto as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

The Writ Petition is accordingly disposed of. The miscellaneous petitions pending consideration if any shall stand closed in consequence. There shall be no order as to costs.

-------------------------------------- JUSTICE ASHUTOSH MOHUNTA

----------------------------------- JUSTICE K.S. APPA RAO

Dated 3rd December, 2012 Msnro