Telangana High Court
WP/24502/2004 of S.Sammaiah, Vs The District Cooperative Officer, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24502 of 2004 Between: S.Sammaiah, s/o Krishna Murthy, R/o 2-10-114, Waddepally District
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24502 of 2004
Between:
S.Sammaiah, s/o Krishna Murthy, R/o 2-10-114, Waddepally District Warangal.
AND
..... PETITIONER
1. The District Cooperative Officer,Warangal, Warangal District.2 The Government of Andhra Pradesh rep., by the Secretary, Finance & Planning (F.W.P.C.III) Dept., Secretariat, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto to call for the records from the respondents herein and issue writ, order ordirection more particularly one in the nature of writ of mandamus declaring theaction of the respondents in not regularizing the services of the petitioner in thepost of Sweeper/Watchman by considering his representation in terms of G.O.(P) 112 DT.23-07-1997 consequently direct the respondents to regularize theservices of the petitioner in the post of Sweeper/Watchman and to pass suchother order or orders Counsel for the Petitioner: MR.P.SRIDHAR RAO
Counsel for the Respondents: GP FOR COOPERATION
The Court at the admission stage, made the following:
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24502 of 2004
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ORDER:
For not regularizing the services of the petitioner in the post ofSweeper/Watchman, the present writ petition has been filed.
2 . The learned counsel for the petitioner contended that there is a clearvacancy for the post of Sweeper/Watchman and for that purpose, the petitionergave a representation on 28-08-2004 and the same has not been considered bythe respondents.
3 . On the other hand, the learned standing counsel appearing for therespondents opposed the same on the ground that the issue relating to thequestions as to whether the post of Sweeper/Watchman is vacant or not andthe services of the petitioner have to be regularized or not has to be decided bythe respondents in accordance with the rules and regulations.
4 . On considering the submissions made by the learned counsel for thepetitioner and the learned standing counsel for the respondents, I deem itconsider to dispose of the writ petition with a direction.
5 . Accordingly, the writ petition is disposed of with a direction to therespondents to consider the case of the petitioner for regularization in the postof Sweeper/Watchman in accordance with the rules and regulations governingthe service conditions of the employees within a period of four weeks from thedate of receipt of a copy of this order. In the circumstances, there shall be noorder as to costs.
__________________
December 29, 2004
Note:
Furnish C.C. by tomorrow.
B/o.
Kvr
To
1. The District Cooperative Officer,
Warangal, Warangal District.
2 The Secretary, Finance and Planning (F.W.P.C.III) Dept., Government of Andhra Pradesh, Secretariat, Hyderabad.
3 2 CCs to G.P. for Cooperation, High Court Buildings, Hyderabad (OUT).
4 2 C.D copies.