N. Kondal Rao vs. Government Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE R. KANTHA RAO

WRIT PETITION No.32855 OF 2014 ORDER:

Heard learned counsel appearing for the petitioner and Sri T. Durga Reddy, learned Standing Counsel for respondents 2 and 3.

It is submitted by the petitioner that his date of birth is 15.06.1971. He is working as casual labour under the 2 nd respondent since 01.09.1984. Since the date of his initial appointment, he has been working continuously till date under the 2 nd respondent without any break. According to him, he was eligible to be absorbed as regular employee.

It is further submitted by the petitioner that basing on the representations made by various Unions to the 2 nd respondent, the 2 nd respondent had issued proceedings No.951/SC/93, dated 04.06.1993 to fill all the vacancies in the cadre of Junior Assistant, Sub-Assistant and Equivalent and lower categories in the ratio of 1:1 between existing casual labour and fresh recruits. Thereafter, the Government of Andhra Pradesh (erstwhile) had

issued G.O.Ms. No.212 CFWPC-III, Finance and Planning Department, dated 22.04.1994, formulating a scheme for regularizing of the services of daily workers. It is further submitted that by the said G.O., several persons initially engaged, who are below the age of 18 years, were regularly appointed by the University with the approval of the Government. The case of the petitioner is that regularization of his services was rejected by the respondents on the ground that he had not completed the age of 18 years as on the date of his initial appointment and he had not completed the 5 years service.

Questioning the aforesaid action, the petitioner filed the present writ petition. The issue involved in the present writ petition similarly fell for consideration before the learned Single Judge in W.P. No.23957 of 2009. The learned Single Judge allowed the writ petition, setting aside the impugned proceedings, dated 08.10.2009, directing the respondents to consider regularisation of the services of the petitioners disregarding the minimum age of the petitioners as on their dates of joining into service as casual labourers in the event

they are otherwise found covered by G.O. Ms. No.212. The said Judgment was confirmed by the Division Bench of this Court in Writ Appeal No.932 of 2014.

The writ petition is, therefore, disposed of in terms of the aforesaid Judgment of the learned Single Judge to consider the case of the petitioner for regularization, notwithstanding the fact that he was below the age of 18 years, in the event of his satisfying the other requirements governed by G.O. Ms. No.212. No costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

R. KANTHA RAO, J

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November 06, 2014 bv