IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE C.V.RAMULU W.P.Nos.9330 and 13601 of 1999 WRIT PETITION No. 9330 of 1999 Between: 1 G. Srinivasa Rao S/o. Sheshaiah Khammam Municipality, Khammam District. 2 E. Bhaskara Rao S/o.Nagaiah Khammam Municipality, Khammam District. 3 Md.Mahmood Ali S/o.Jani Mia, Khammam Municipality, Khammam District. 4 P. Veladri Rao S/o.Subbaiah Khammam Municipality, Khammam District. 5 T. Mallikarjuna Rao S/o.Ramachandraiah Khammam Municipality, Khammam District. ..... PETITIONERS AND 1 The Commissioner, Khammam Municipality, Khammam District. 2 The Commissioner and Director, Municipality Administration, Government of A.P., M.J. Road, Hyderabad. 3 The Government of A.P., rep.by its Secretary, HMA & UD Department, Secretariat, Hyderabad. 4 The Government of A.P., rep.by its Principal Secretary F & P Department, Secretariat, Hyderabad. .....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 directing the respondents : a) to regularise the services of the petitioners forthwith all the consequential benefits of pay, seniority etc. b) to direct the respondents to continue the petitioners from 1-4-99 onwards without any break and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner: Mr.P.BALA KRISHNA MURTHY Counsel for the Respondent No.: . The Court made the following : PTHE HON’BLE SRI JUSTICE C.V. RAMULU W.P.Nos.9330 and 13601 of 1999 COMMON ORDER: These two Writ Petitions are filed seeking a direction to the respondents to regularize the services of the petitioners with effect from 1-4-1999 with all consequential benefits of pay, seniority etc. It is the case of the petitioners that they have been working as contract labour in the Khammam Municipality from January,1992 onwards and attending to electrical works relating to street lights etc. Initially, they were appointed as NMRs on daily wage basis and thereafter, they were entrusted to a contractor. They have been working continuously for the last more than 16 years. It is their case that they are entitled for regularization of their services as per G.O.Ms.No.212, Finance and Planning (FW.PC.III) Department, dated 22-4-1994. The grievance of the petitioners is that the respondents are not considering their case for regularization, in spite of the fact that they have been working for the last several years. Respondent No.1 filed separate counters denying the allegations made by the petitioners and stating inter alia that the petitioners are not working under him and they are working with the contractor; therefore, there is no master and servant relationship between him and the petitioners. The averment that the petitioners are being continued from January,1992 without any gap or interruption is denied. Further, G.O.Ms.No.212, dated 22-4-1994 has no application to the petitioners. As the petitioners are seeking regularization of their services under Khammam Municipality, which is a local authority, the Writ Petitions are not maintainable and the petitioners ought to have approached the A.P. Administrative Tribunal for redressal of their grievance, if any. Heard both sides. While admitting the Writ Petitions, this Court by interim orders dated 30-4-1999 and 13-8-1999 directed the respondents not to discontinue the petitioners, until further orders. The said orders are still in force. The Writ Petitions were filed seeking regularization of the services of the petitioners in the year 1999 directly before this Court in view of the legal position at that point of time. Therefore, the contention of the respondents that the Writ Petition is not maintainable and the petitioners have to approach the A.P. Administrative Tribunal cannot be accepted at this length of time. Admittedly, the petitioners have been working in Khammam Municipality as contract labour since 1992. In the counter, except stating that the petitioners are not entitled for the benefit under G.O.Ms.No.212, dated 22-4-1994 nothing has been stated. Learned counsel for the petitioners states that the petitioners have put in more than 16 years of service as of now and they are entitled for regularization of their services as per the said G.O. On the other hand, learned counsel for the respondents states that as on the cut-off date prescribed in the said G.O. i.e. 25-11-1993, petitioners have not completed five years of service, since, admittedly, they have joined in service in the year 1992 and, therefore, they are not entitled for regularization. Under similar circumstances, a Division Bench of this Court in W.A.Nos.603 to 605 of 1995, dated 30-6-1995 held as under: “………..On the facts of the case, we are inclined to adopt the reasoning given in People’s Union for Democratic Rights v. Union of India – AIR 1982 SC 1473 that such employees, who belong to the socially exploited class of citizens, should not be made to suffer on account of wagaries of the employer. We accordingly affirm the order of the learned single Judge with the modification, however, that the services of the respondent-employees shall be regularized with effect from the date or dates they completed five years of continuous service and they shall be paid wages (obviously not less than the minimum wages) on par with the wages paid to the permanent employees of their category (emphasis supplied). The said judgment was carried in appeal to the Apex Court in DISTRICT COLLECTOR/CHAIRMAN v. T. DEVENDERPAL SINGH[1] and the Supreme Court upheld the said decision holding that the respondent- employees therein shall be regularized with effect from the date or dates they completed five years continuous service. In view of the above, there is no necessity that the petitioners should have put in five years of service as on 25-11-1993 and it is suffice if they put in five years of continuous service in the organization as on the date of consideration of their cases. The respondents have also not raised any objection as to availability of vacancies etc. This is not a case where the master and servant relationship needs to be examined, in view of the fact that the petitioners are being continued for more than 16 long years. As such, it must be deemed that there is a master and servant relationship between the petitioners and respondent No.1. The fact that the nature of work attended to by the petitioners is perennial in nature and is one of the main activities of the Municipality is not in dispute. For the aforesaid reasons, I am of the considered opinion that the petitioners are entitled for being considered for regularization of their services in the light of G.O.Ms.No.212, dated 22-4-1994, immediately after completion of five years of service in Khammam Municipality either in the existing vacancies or in the future vacancies. Till such exercise is made, petitioners shall be continued in the same posts as held by them, as on today, on the same terms and conditions. The Writ Petitions are disposed of accordingly. No order as to costs. 25-7-2008 prk [1] 1998 SCC (L&S) 1747