S. Nageswara Rao
& Ors. Vs. Govt. of A.P. & Ors. [2008] INSC 1101 (11 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4443 OF 2008 [Arising
out of SLP (C) No.15019 of 2007] S. Nageswara Rao & Ors. ... Appellant (s)
Government of Andhra Pradesh & Ors. ... Respondent (s) WITH
CIVIL APPEAL NO. 4444 OF 2008 [Arising out of SLP (C) No.15092 of 2007]
ORDER
1.
Leave
granted.
2.
These
appeals by special leave challenge the order dated 2.9.2005 dismissing WP No.12363
of 2005 and the order dated 13.4.2006 dismissing Review Petition No.33006 of
2005, passed by the Andhra Pradesh High Court.
3.
The
appellants allege that they were working on NMR basis at Taliperu Dam site,
Khamman District from 1986, continuously for about fifteen years (with some
artificial breaks). They approached the Andhra Pradesh State Administrative
Tribunal for regularization. The Tribunal rejected their claim. The writ
petition filed by the appellants challenging the order of the Tribunal was also
rejected. The review petition was also rejected.
.......2.
-2-
4.
The
appellants submit that in regard to the similarly placed daily wage employees
in the very same project, the Andhra Pradesh High Court had directed
regularization, by order dated 13.4.2005 in WP No.10282 of 1998 - Jagannadham
vs. Engineer-in Chief, Irrigation Wing & Ors, by negativing the contention
of the department that the said daily wage employees were not directly employed
by the department, but were employed through a contractor. The State Government
had challenged the said order before this Court in SLP (C) No.23679 of 2005
(Engineer-in- Chief, IWE vs. G. Jagannadham & Ors.). This Court upheld the
direction regarding regularization, without any monetary benefits, by order dated
27.2.2007.
5.
The
facts in this case and the facts in Jagannadham (supra) as also the contentions
urged are virtually the same. In view of the above, we are of the view that
interest of justice will be served if this appeal is disposed of in terms of
the decision in Jagannadham (supra) by directing regularization of the services
of appellants without any monetary benefits.
6.
We
accordingly allow these appeals and direct the respondents to consider the
cases of the appellants for regularization without past monetary benefits and
pass .......3.
-3- appropriate
orders within three months from today. The three months period shall be
reckoned in respect of each of the appellants, from the date on which he
reports to the fifth respondent for regularization. Parties bear respective
costs.
.......................J.
(R. V. Raveendran)
.......................J.
(Lokeshwar Singh Panta)
New
Delhi;
July
11, 2008.
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