Andhra Pradesh High Court – Amravati
T. Mallikarjuna, vs The State Of Andhra Pradesh on 18 July, 2025
APHC010055582025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY,THE EIGHTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 2971 OF 2025
Between:
!
T. Mallikarjuna, S/o Late T. Obulesu, Aged about 60 years, Occ briver ini
Dept, of Groundwater, Andhra Pradesh, R/o D.No. 1/209, Rudrampeta,
Anantapuramu Town and District
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation
and Command Area Development Department, Secretariat building,
Velagapudi, Guntur. I
2. The Joint Secretary, Irrigation, CAD (Ser.V) Department, Secretariat
Buildings, Velagapudi, Amaravati.
3. The Director, Ground Water Department, Vijayawada.
4. The Deputy Director, Ground Water Department, Anantapur District.
5. The Assistant Director, Ground Water Department, Anantapur District.
...RESPONDENTS
I
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court ;may be
pleased to issue a Writ, Order or Direction more particularly one in the nature
of Writ of Mandamus declaring the action of the Respondents in regularising
the services of the petitioner w.e.f 11.01.2012 prospectively, though the
petitioner was eligible to be regularised from the date of completion of 5 years
in service i.e., from 02.07.1991 as illegal, arbitrary, unlawful and violative of
Articles 14, 16 and 21 of Constitution of India and contrary to GOMs.No.212
Finance and Planning (FW. PC. Ill) Department dated 22.04.1994 and
consequently direct the respondents to regularise the petitioner from
02.07.1991 and nationally fix his pay accordingly for calculating the
pensidnary and retirement benefits w.e.f from 02.07.1991.
lA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondents to consider the case of the petitioner for regularization
of his services notionally from 02.07.1991 in accordance with GOMs.No.212.
Counsel for the Petitioner: SRI SAI MANOJ REDDY L
Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES-III
The Cburt made the following order:
APHC010055582025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
FRIDAY,THE) EIGHTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 2971/2025
Between: ,
IT. MALLIKARJUNA,, S/0 LATE T. OBULESU, AGED ABOlllT 60
YEARS, OCC DRIVER IN DEPT, OF GROUNDWATER, ANDHRA
PRADESH, R/d D.NO. 1/209, RUDRAMPETA, ANANTAPURAMU
TOWN AND DISTRICT
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY IRRIGATibN AND COMMAND AREA DEVELOPMENT
DEPARTMENT SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR.
2.THE JOINT SECRETARY, IRRIGATION, CAD (SER.V) DEPARTiyiENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.
3.THE DIRECTOR, GROUNDWATER DEPARTMENT VIJAYAWADA.
4.THE DEPUTY DIRECTOR, GROUND WATER DEPARTMENT
ANANTAPUR DISTRICT.
5.THE ASSISTANT DIRECTOR, GROUND WATER DEPARTMENT,
ANANTAPUR DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court itiay be
pleased topleased to issue a Writ, Order or Direction more particularly! one in
the nature of Writ of Mandamps declaring the action of the Respondents in
regularising the services of the petitioner w.e.f 11.Q1.2012
prospectively,though the petitioner was eligible to be regularised from the date
of completion of 5 years in service i.e., from 02.07.1991 as illegal, arbitrary,
unlawful and violative of Articles 14, 16 and 21 of Constitution of India and
\
2
^^4
contrary to GOMs.No.212 Finance and Planning (FW. PC. Ill) Department
dated i 22.04.1994 and consequently direct the respondents to regularise the
petitioner from 02.07.1991 and nationally fix his pay accordingly for calculating
the pensionary and retirement benefits w.e.f from 02.07.1991
lA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to direct the respondents to consider the case of the petitioner for
regularization of his services notionally from 02.07.1991 in accordance with
GOMs.No.212
Counsel for the Petitioner:
1.SAI MANOJ REDDY L
/
Counsel for the Respondent(S):
1.GPFOR SERVICES III
The Court made the following;
HON^BLE SRI JUSTICE NY APATHY VIJAY
WRIT PETITION No.2971 of 2025
ORDER:
of the
The present writ petition is filed to declare the action
Respondents in not granting retrospective regularization from the date of
completion of 5 years i.e. 02.07.1991 for the purpose of pension and
j
pensionary benefits as illegal and arbitrary. !
2. The petitioner was appointed as Driver on a daily wage basis on
02.07.1986. Subsequently, Government had issued G.O.Ms.No.212, F&P,
dated 22.04.1994 for regularisation of the persons who worked continuously
for a minimum period of five (5) years and are continuing on 25.11.1993 be
regularized.
3. The plea for regularization of the Petitioner in terms of G.O.Ms.No.212
F&P dated 22.04.1994 was rejected by the Department by order dated
10.02.1998. Questioning the same the Petitioner filed O.A.No.6112 ot 1998
before the Administrative Tribunal, Hyderabad and the same was alloWed by
order 27.06.2007 directing the Government to reconsider the case of the
applicant in terms of Judgment of the Apex Court.- Pursuant thereto, :the 1®’
respondent issued G.O.Ms.No.10 dated 11.01.2012 permitting the Director,
Ground Water Department, Hyderabad to regularize the services iof the
Petitioner in the existing vacant post of Driver(Light Vehicle) with R.PNo.07-
2
SC in terms of G.O.Ms.No.212 F & P Department dated 22.04.1994 from
I
prospective date i.e. date of issuance of orders by the competent authority.
4.
Consequent thereto, the 4’^ Respondent issued orders dated
12.06.2014 regularizing the services of the Petitioner with effect from
20.01.2012.
The present writ petition is filed seeking for consideration of his
prior Service for fixation of notional pay for the purpose of pensionary benefits.
The counsel for the Petitioner relied upon the judgments of this Court and
Hon’ble Supreme Court.
5. The learned Assistant Government Pleader does not dispute the postion
of law as on date.
5. Having considered the submissions, this Court is of the opinion that the
writ petition can be disposed of by directing the authorities to extend the
benefit of the judgment of the Hon’ble Division Bench of this Court in
Government of Andhra Pradesh represented by its Principal Secretary,
PR and RD Department, Hyderabad and ,others vs. N.Venkaiah and
others^ and the judgment of the Hon’ble Supreme Court in B.Srinivasulu
and others vs. The Nellore Municipal Corporation represented by its
Commissioner, Nellore District, Andhra Pradesh and others^ by reckoning
his service from the date of initial appointment for the purpose of his pension
I
and pensionary benefits. It is made clear that the petitioner is not entitled to
actual arrears of pay or allowances. There shall be no order as to costs.
2018 (4) ALT6(D.B)
^Civil Appeal No.6318 of 2015, dated 17.08.2015
/
3
Consequently, miscellaneous applications, if any, pending shall stand
closed.
sd;- n nagamma |
assistant
//TRUE COPY//
secton officer
To
1. The Principal Secretary, Irrigation and Command Area Development
Department, State of Andhra Pradesh, Secretariat building, Ve(agapudi,
Guntur.
I
2. The Joint Secretary, Irrigation, CAD (Ser.V) Department, Secretariat
I
Buildings, Velagapudi, Amaravati. I
3. The Director, Ground Water Department, Vijayawada.
4. The Deputy Director, Ground Water Department, Anantapur District.
5. The Assistant Director, Ground Water Department, Anantapur District.
6. One CC to Sri Sai Manoj Reddy L, Advocate [OPUC]
7. Two CCs to GP for Services- III, High Court of Andhra Pradesh [OUT]
8. Two CD Copies. i
ssb
I
HIGH COURT
DATED:18/07/2025
ORDER
WP No. 2971 OF 2025
g
%
13 AUG 20?5 ?
. Current aeciion .
DISPOSING OF THE W.P WITHOUT COSTS
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