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2025 DIGILAW 400 (TS)

T. Narayana v. State of Telangana

2025-04-23

SUREPALLI NANDA

body2025
ORDER : (SUREPALLI NANDA, J.) Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of respondent No.1, Sri K. Pradeep Reddy, learned Standing Counsel for Zilla Praja Parishad, appearing on behalf of respondent Nos.2 and 6 and Sri Kishore Rao Puskuru, learned counsel appearing on behalf of respondent No.4. 2. The petitioner filed the writ petition seeking the following relief “… to issue an appropriate Writ, Order or direction preferably one in the nature of Writ of Mandamus and to declare the action of the respondents for not regularizing the services of the petitioner as Office Subordinate though he was completed service more than 32 years since his appointment i.e from 13-07-1989 and also not issuing regular Annual Grade Increments from the date of his promotion as Full Time Sweeper i.e. from 25-10-1993 to till date the said action of the respondents is highly illegal, arbitrary, unreasonable discriminatory and also in violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of India and declare the same as bad in law and consequently direct the respondents to regularize the services the petitioner as Office Subordinate from 25-10- 1993 and sanction regular Annual Grade Increments for which the petitioner is entitled and with all consequential and attendant benefits and to pass...”. 3. The case of the petitioner in brief, is that the petitioner was given appointment as Part Time Sweeper on 21.07.1989 as there was no vacancy of Attender and later the petitioner was promoted as a Full Time Sweeper on 25.10.1993 and new scale was granted to the petitioner by the 4 th respondent vide proceedings dated 10.11.1993 and in the meanwhile, the petitioner has passed Intermediate on 19.07.2002. The services of the petitioner were not regularized but whereas one A. Narsimulu, same Part Time Sweeper services were regularized vide proceedings dated 13.06.2013 by the very same CEO, Medak District. The 2 nd respondent issued proceedings No. B4/2844/98, dated 15.08.2004 sending proposals that Full Time Sweeper will be converted as a Last Grade Employees and also to issue RPS 1999 in the Last Grade Service and sent particulars to the 1 st respondent but it was not acted upon. 3 (i). The 2 nd respondent issued proceedings No. B4/2844/98, dated 15.08.2004 sending proposals that Full Time Sweeper will be converted as a Last Grade Employees and also to issue RPS 1999 in the Last Grade Service and sent particulars to the 1 st respondent but it was not acted upon. 3 (i). The petitioner’s further case is that though the petitioner is working since 1989 and promoted from PTS to Full Time Sweeper in the year 1993 and even after completion of 32 years of service, the services of the petitioner were not regulized though there are several vacancies due to the retirements. The petitioner has been making representations from 2012, 2014, 2016, 2017, 2018, 2019 before the 2 nd respondent for regularization of his services and also for the regular Annual Grade Increments from the date of his promotion as Full Time Sweeper. The petitioner submitted representations dated 25.01.2021 before the 3 rd respondent, on 15.03.2021 to the 5 th respondent and the same was forward to District Educational Officer, Medak on 16.03.2021 who in turn issued a letter dated 17.04.2021 to the 2 nd respondent requesting for taking necessary action but the 2 nd respondent kept the proceedings abeyance and not taking any action. Aggrieved thereby the petitioner approached the Court by filing the present writ petition. 4. PERUSED THE RECORD. (A) The Lr.No.1103/A1/2021, dated 17.04.2021 of the District Educational Officer (FAC), Medak District issued to the respondent No.2 is extracted hereunder: GOVERNMENT OF TELANGANA EDUCATION DEPARTMENT From To A. Ramesh Kumar, M.A., B.Ed., The Chief Executive Officer, District Educational Officer (FAC) Zilla Praja Parishad, Medak District. Medak District. Lr.No.1103/ A1/ 2021, Dated : 17.04.2021 Sir, Sub: School Education – Sri T. Narayana, Office Subordinate, MPPS, Kodapaka (V), Papannapet (M), Medak District – Request for release of Annual Grade Increments – Proposals – forwarded – Reg. Ref: Lr.No. OW.No.90/2021, dated 16.03.2021 of the Head Master & Complex HM, ZPHS, Kodapaka (V), Papannapet (M), Medak District. & & & I am herewith forwarding the proposals to sanction Annual Grade increments in respect of Sri T.Narayana, Office subordinate, MPPS, Kodapaka(V), Papannapet(M), Medak District received from the Head Master & Complex HM, ZPHS, Kodapaka(V), Papannapet(M), Medak District vide reference cited for taking necessary action in the matter. The original Service book of the individual may be pleased be acknowledged. The original Service book of the individual may be pleased be acknowledged. Encl: (As Above) Yours faithfully (Sd/-) A. Ramesh Kumar District Educational Officer (FAC), Medak District. Copy to the individual concerned. Copy to the HM, ZPHS, Kodapaka (V), . Papannapet (M), Medak District. (B) The Lr.No.B2/ 1261, dated 24.09.2021 of the Chief Executive Officer, Zilla Praja Parishad, Medak issued to the Chief Executive Officer, Zilla Praja Parishad, Sangareddy is extracted hereunder: OFFICE OF THE ZILLA PRAJA PARISHAD MEDAK From To Sri M.V. Sailesh, MBA, The Chief Executive Officer, Chief Executive Officer, Zilla Praja Parishad, Zilla Praja Parishad, Medak. Sangareddy. Lr.No.B2/ 1261/ 2021, Dated : 24.09.2021 Sir, Sub- Estt-ZPP Medak - Last grade services - Proposals for sanction of AGI of Sri. T. Narayana S/o. Durgaiah working as Office Subordinate, MPP School at Kodapaka(V) of Papannapet (M) of Medak District Sanction of Annual grade Increments from 25.10.1993-Forwarded - Reg. Ref:- Lr.No.1103/A1/2021, dated. 17.04.2021 of the District Educational Officer, Medak. & & & With reference to the Subject cited, the District Educational Officer, Medak has forwarded the Proposals for sanction of Annual grade Increments in respect of Sri. T. Narayana S/o Durgalah working as Office Subordinate, MPP School at Kodapaka (V) of Papannapet (M) of Medak District. On verification of the Proposals of the Individual, it is found that, Sri.T.Narayana, Office Subordinate, annual grade increments are due from 25.10.1993 to till date. As such the proposals for sanction of Annual grade Increments from 25.10.1993 in respect of Sri.T.Narayana S/o. Durgaiah working as Office Subordinate, MPP School at Kodapaka(V) of Papannapet (M) of Medak District are hereby forwarded for taking necessary action in this matter. Yours faithfully, Encl : 1. DEO Letter. 2. Original Service Register of the individual Chief Executive Officer, Zilla Praja Parishad, Medak (C) The interim order dated 29.06.2022 passed in W.P. No. 27254 of 2022 in favour of the petitioner is extracted hereunder: “Learned Assistant Government Pleader for Services-II has contended that the request of the petitioner for granting interim order on the basis of proposals submitted by DEO, Medak District, to the Chief Executive Officer (CEO), Zilla Praja Parishad, Medak District, under letter No.1103/A1/2021 dated 17.04.2021, cannot be considered unless the DEO, Medak District, is made a party respondent. The petitioner is directed to implead DEO, Medak, as respondent, by the next date of hearing. The petitioner is directed to implead DEO, Medak, as respondent, by the next date of hearing. There shall be interim direction to respondent Nos.2 to 6 to pass orders on the proposals received by them vide letter No.1103/A1/2021 dated 17.04.2021 addressed by DEO, Medak District, and letter No.B2/1261/2021 dated 24.09.2021 addressed by the CEO, Zilla Praja Parishad. Medak, to the CEO, Zilla Praja Parishad, Sanga Reddy, within a period of four weeks from today. Post on 10.08.2022”. DISCUSSION AND CONCLUSION:- 5. The learned counsel appearing on behalf of the petitioner submits that though this Court passed interim order dated 29.06.2022, as on date no orders have been passed as per the directions of this Court. Therefore the writ petition needs to be allowed, as prayed for. 6. The learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of respondent No.1 submits that the interim order granted by this Court on 29.06.2022 may be made absolute and the present Writ Petition disposed of in similar lines. 7. A bare perusal of the material on record clearly indicates that proposals had been sent by the District Educational Officer (FAC), Medak District vide letter No.1103/A1/2021, dated 17.04.2021 to the 2 nd respondent for taking necessary action pertaining to sanction of Annual Grade increments to the petitioner herein, who is working as Office Suboridnate, MPPS, Kodapaka Village, Papannapet (Mandal), Medak District and also the proposals have been forwarded vide Lr.B2/1261/2021, dated 24.09.2021 by the Chief Executive Officer, Zilla Praja Parishad, Medak District to the Chief Executive Officer, Zilla Praja Parishad, Sangareddy for taking necessary action in the matter duly stating that the Annual Grade Increments of the petitioner herein are due with effect from 25.10.1993. 8. 8. Taking into consideration (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Panchyat Raj and Rural Development, appearing on behalf of respondent No.1, (c) The contents of proceedings vide Lr.No.1103/ A1/ 2021, dated 17.04.2021 of the District Educational Officer (FAC), Medak District issued to the respondent No.2 (referred to and extracted above), (d) The contents of proceedings vide Lr.No.B2/ 1261, dated 24.09.2021 of the Chief Executive Officer, Zilla Praja Parishad, Medak issued to the Chief Executive Officer, Zilla Praja Parishad, Sangareddy, (referred to and extracted above), (e) The interim order granted by this Court on 29.06.2022 (referred and extracted above), The Writ Petition is allow ed as prayed for. The respondent Nos.2 to 6 are directed to pass appropriate orders in accordance to law as per the instructions issued vide Lr.No.1103/ A1/ 2021, dated 17.04.2021 addressed by District Educational Officer (FAC), Medak District to the Chief Executive Officer, Zilla Praja Parishad, Medak District, and vide Letter No.B/ 1261, dated 24.09.2021 of the Chief Executive Officer, Zilla Praja Parishad, Medak issued to the Chief Executive Officer, Zilla Praja Parishad, Sangareddy within a period of two (2) weeks from the date of receipt of a copy of this order. How ever, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand closed.