Telangana High Court

WP/25228/2004 of J.Mogilaiah, Vs The Project Officer, on 31 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO.25228 of 2004 Between: J.Mogilaiah, s/o Mallaiah, 38 years, School Assistant, Government

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO.25228 of 2004

Between:

J.Mogilaiah, s/o Mallaiah, 38 years, School Assistant, Government Tribal Welfare Ashram High School, Chinnaboinapally, WarangalDistrict.

...PETITIONER

AND

1. The Project Officer, Integrated Tribal Development Agency, Eturunagaram,Warangal District.Warangal District.

2. The District Tribal Welfare Officer/Assistant Project Officer, Eturunagaram,Warangal District.Warangal District.

3. The District Collector, Warangal, Warangal District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction, more particularly one in the nature of writ ofmandamus, declaring the action of the respondents in not considering the case ofthe petitioner for regularization of his services with effect from the date of hisappointment as Daily Wage Worker on 26.02.1991 and not granting all theconsequential benefits from that date is arbitrary, unreasonable and consequentlydirect the respondents to consider the case of the petitioner for regularization of hisservices with effect from the date of his entry into service as Daily Wage Worker witheffect from 26.02.1991 and paying all the consequential benefits till 06.08.1997.

Counsel for the Petitioner: MR.M.KONDAL RAO

The Court made the following:

THE HON’BLE SRI JUSTICE K.C.BHANU

WRIT PETITION NO.25228 OF 2004

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ORDER:

For not considering the petitioner for regularization of his services with effect frominitial appointment as Daily Wage Worker i.e. on 26.02.1991 and not granting allconsequential benefits from that date, the present Writ Petition is filed.

Heard the learned counsel for the petitioner and learned Government Pleader forSocial Welfare.

Apparently, the first respondent has to take appropriate decision whether thepetitioner is entitled for Daily Wages from the date of his initial appointment and alsowhether he is entitled for any consequential benefits from that date, i.e. on26.02.1991. Further, the petitioner filed a representation dated 14.12.2004 and thesame is under consideration.

The Writ Petition is disposed of with a direction to respondent Nos.1 and 2 toconsider the representation dated 14.12.2004 of the petitioner in accordance withlaw and pass necessary orders, within a period of six weeks from the date of receiptof a copy of this order. No costs.

____________

(K.C.BHANU, J)

31[st] December 2004

RRB

ASSISTANT REGISTRAR

//True Copy//

SECTION OFFICER

Copy To:

1. The Project Officer, Integrated Tribal Development Agency, Eturunagaram,Warangal District.Warangal District.

2. The District Tribal Welfare Officer/Assistant Project Officer, Eturunagaram, Warangal District.

3. The District Collector, Warangal, Warangal District.

4. Two CCs to G.P. for Social Welfare, High Court Buildings, Hyderabad(OUT).(OUT).

5. Two CD copies.

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