IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4370 of 1999 Between: A.Narahari Prasad S/o Late Sri Vyaghreswarudu R/o Ibrahimpatnam , Vijayawada, Krishna District. ..... PETITIONER AND 1 The Director, AP. Power Generation Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad 2 The Chief Engineer( O &M) Vijayawada Thermal Power Station , Ibrahimpathnam, Krishna District. .....RESPONDENTS 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, Order or Direction more particularly one in the nature of Writ of Mandamus, directing the respondents to regularise my services from the date of my posting i.e., 7/09/1996 in the post of Labour Welfare officer, as I fulfilled the statutory requirement and consequently direct the respondents to pay the scale of pay attached to the post of Labour Welfare Officer from the date of my joining, which will be in consonance with the principles laid down Under Art.39 of the Constitution of India i.e. "Equal pay for Equal work" and any other action other than prayed above, would be violative of the Art. 14,16 and 21 of the Constitution of India. Counsel for the Petitioner :MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents : MR.K.CHIDAMBARAM The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4370 of 1999 ORDER : In this writ petition, the petitioner, who is working as a Labour Welfare Officer in Vijayawada Thermal Power Station, seeks directions by way of Mandamus, to direct the respondents to regularize his services in the post of Labour Welfare Officer with effect from 07.09.1996, and also to pay the monetary benefits by applying the Scale of pay attached to the post of Labour Welfare Officer from the above said date. 2. The petitioner was originally appointed as a L.D. Stenographer in the erstwhile Andhra Pradesh State Electricity Board in the month of May 1990. Thereafter, he was promoted to the post of U.D. Stenographer. During the year 1996, in view of the minimum number of workers working in Vijayawada Thermal Power Station, there was some correspondence from the Labour Department for creating the post of Labour Welfare Officer as contemplated under the provisions of the Factories Act, 1947. Pursuant to it, vide proceedings dated 30.8.1996, issued in Memo No.DP/DM1/B1/247/ 96-1, the post of Deputy Manager, a post available in Vijayawada Thermal Power Station, was downgraded and designated as Labour Welfare Officer in the pay scale of Rs.4270 – 7230. Immediately after that, the petitioner, who was working as a U.D. Stenographer, was posted as an incharge officer to discharge the functions of Labour Welfare Officer. He continued as such, and subsequently, by proceedings dated 08.09.1998, the Director of Factories has addressed a letter to the Chief Engineer (Operations), Vijayawada Thermal Power Station, stating that the services of the petitioner herein as Labour Welfare Officer, were taken on record. Subsequently, in view of the experience gained by the petitioner, his services were regularized in the said post. 3. In this writ petition, on the ground that he was holding the post of Labour Welfare Officer from 07.09.1996, the petitioner seeks regularization from the above said date, apart from claiming monetary benefits and difference of pay scale. 4. Though the counter affidavit is not filed, when the matter is taken up, the learned counsel appearing for the respondents has produced a copy of proceedings dated 18th December 2006, issued in G.O.O.No.466/JS(Per)/ 2006, by which, the services of petitioner were regularized retrospectively from 08.09.1998. Along with the said orders, a copy of the letter, dated 29.05.2000, addressed by the petitioner to the Department, is also enclosed, wherein the petitioner undertook not to pursue the present writ petition. 5. Even on merits, it is to be noticed that the substantive post, which the petitioner was holding, was U.D. Stenographer, when he was posted as an incharge Labour Welfare Officer on 07.09.1996. It was not the post in which he was appointed on 07.09.1996, but however, in view of requirement of posting such an officer as insisted by the Factories Department, the existing post of Deputy Manager was down-graded to the post of Labour Welfare Officer, and on administrative exigency, the petitioner was given an additional charge of the said post on 07.09.1996. After giving charge, the respondents have addressed the Director of Factories, and in response to the same, the proceedings dated 08.09.1998 was communicated by the Director of Factories, intimating that the services of the petitioner as Labour Welfare Officer, were taken on record. Probably, in view of the proceedings dated 08.09.1998 issued by the Director of Factories, the claim of the petitioner was considered by the respondents on their own and the proceedings dated 18th December 2006 were issued, giving the benefit of regularization from the above said date. 6. Asmuch as on 07.09.1996 the petitioner was only given additional charge of the post of Labour Welfare Officer, and his substantive post was U.D. Stenographer, merely because an additional charge was given as stop gap arrangement and on administrative exigency, the petitioner cannot claim regularization from the said date, as he was not appointed to the said post as on that date. In any event, in view of the proceedings dated 18th December 2006, issued by the respondents pursuant to the undertaking given by the petitioner for withdrawal of the writ petition, and in the absence of any regular appointment of the petitioner to the post of Labour Welfare Officer from 07.09.1996, the petitioner cannot seek regularization as a matter of right in the post of Labour Welfare Officer. 7. In that view of the matter, I do not find any merit in this writ petition, and it is accordingly dismissed. The proceedings dated 18th December 2006 and the letter addressed by the petitioner, dated 29th May 2000, shall form part of the record. ______________________ R. SUBHASH REDDY, J 12th August 2008 ajr To 1 The Director, A.P. Power Generation Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad 2 The Chief Engineer( O &M), Vijayawada Thermal Power Station , Ibrahimpathnam, Krishna District.