IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21676 of 2000 Between: 1 V.Lokeshwara Reddy S/o.Gangi Reddy Tirupathi , Chittor Dist. 2 T. Ravindra Babu S/o. Venkata Swamy Tirupathi , Chittor Dist. 3 A.R.Nagendra Babu, S/o.Raja Gopal, Tirupathi , Chittor Dist. ..... PETITIONER(S) AND Sri venkateswara Institute of Medical Sciences, Rep by its Director, Management of Tirupathi Devasthanams , Tirupathi Chittoor District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in not regularising the services of the petitioners from the date of their initial appointment and arbitrary, discriminatory and illegal and consequently direct the respondent to regularise the services of the petitioners in the cadre of Junior Asst.with effect from the date of their initial appointment with probationary rights, as had been done in respect of similarly as had been done in respect of similarly situated employees in SVIMS with all other consequential benefits pecuniary and otherwise and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.JAGAPATHI Counsel for the Respondent No.: MS.P.SARADA The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 21676 of 2000 ORDER: 1. Heard the learned counsel for the petitioners and learned Standing Counsel for the respondent. 2. The petitioners were selected and appointed by the competent authority in the sanctioned and existing vacancies of Junior Assistants in Sri Venkateswara Institute of Medical Sciences (SVIMS) on 9.8.1993, 18.9.1993 and 1.6.1994 respectively. Initially, they were appointed on consolidated pay for a period of three months, and thereafter, the petitioners were granted time scale of pay attached to the post of Junior Assistant by proceedings dated 6.2.1994, 18.12.1993 and 1.9.1994 respectively. Their case is that the respondent institution was established in 1992 in which, the petitioners were appointed after getting their names sponsored by the employment exchange. Their grievances is that their services have been regularized w.e.f 17.7.1997 instead of regularizing from the dates of their appointment. Their case that in respect of similarly situated persons, the services were regularized from the date of appointment. 3. In the counter affidavit, their names, date of appointment and date of regularization have been mentioned and the same is extracted as under: Name Post Date of Adhoc Appointment Date of regularization of service 1. C.Geetha Bai Staff Nurse 3.8.1993 2.8.1993 2. C.Pragasa Mary Staff Nurse 8.10.1993 8.10.1993 3. DHLN Prasad Radiographer 8.9.1994 8.9.1994 4. V.Dhanlakshmi Receptionist 30.11.1995 30.11.1995 5. V.Aruna Jr.Assistant 1.12.1995 1.12.1995 6. V.Sridhar Raju -do- 1.12.1995 1.12.1995 7. T.Rajani -do- 1.12.1995 1.12.1995 8. G.Srinivasulu -do- 2.12.1995 2.12.1995 The writ petitioners are also seeking similar treatment. 4. A counter has been filed by the respondent stating that the petitioners services have been regularized and they are not due any benefits and they did not file any representation, except one before filing the writ petition stating that there are no merits in the writ petition, sought for dismissal of the same. 5. Having regard to the facts and circumstances suffice it to dispose of the writ petition as under:- “The respondents shall consider the representation of the petitioners dated 29.2000 for regularization of their services from the date of their initial appointments, as has been considered in respect of the similar situated persons mentioned at paragraph No.3 of the order, and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order.” _____________________ Justice G. Chandraiah Date:04.08.2008 mrb