Telangana High Court

WP/16786/1999 of Shaik Hidayathulla, Vs Commissioner, on 29 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY NINETH DAY OF DECEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION Nos.16786 and 17857 of 1999 WRIT PETITION No.16786 of 1999 Between: Shaik

IN THE HIGH COURT OF JUDICATURE,ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

PRESENT:THE HON’BLE MR. JUSTICE C.V.NAGARJUNAREDDY

MONDAY, THE TWENTY NINETH DAY OFDECEMBER, TWO THOUSAND EIGHT ONLY

WRIT PETITION Nos.16786 and 17857 of 1999

WRIT PETITION No.16786 of 1999

Between:

Shaik Hidayathulla and four others.

…

Petitioners

And

Commissioner, Rural development, 5[th] Floor,Insurance Buildings, Tilak Road, Abids,Hyderabad and two others.

… Respondents

WRIT PETITION No.17857 of 1999

Between:Kum.V.Mamatha Jessica.

…

Petitioners

And

Commissioner, Rural development, 5[th] Floor,Insurance Buildings, Tilak Road, Abids,Hyderabad and two others.

… Respondents

Counsel for the petitioners: Sri M.Srinivasa Rao.

(In both the cases)

Counsel for the respondents: None.

(in both the cases)

This Court made the following:

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-COMMON ORDER:

These two Writ Petitions are filed seekingregularization of the services of the petitioners in therespondent-Organization.

In view of the authoritative pronouncement of theConstitution Bench of the Supreme Court in State of Karnataka Vs. Umadevi[1)]and reiterated by a threeJudge Bench in Official Liquidator Vs. Dayanand and others[2)] the petitioners, who are working only on dailywage basis, have no legal right to seek regularization oftheir services unless the employer frames a scheme forsuch regularization.

Both the Writ Petitions are, therefore, dismissed.

------------------------------------

C.V.NAGARJUNA

REDDY,J

Date:29-12-2008MNR

1) (2006) 4 SCC 1

2) (2008) 10 SCC 1

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