Andhra Pradesh High Court - Amravati
Kareti Ramanababu Yadav vs The State Of Andhra Pradesh on 8 September, 2025
APHC010495462024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
MONDAY, THE EIGHTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 25700/2024
Between:
1. KARETI RAMANABABU YADAV, S/O.VENKATESWARLU,
AGED ABOUT 59 YEARS, DRIVER, OFFICE OF
CONSERVATOR OF FORESTS, GUNTUR CIRCLE, GUNTUR,
GUNTUR DISTRICT, A.P.,
2. YANNAMREDDYBABURAO,, S/O. Y. VENKATRAO, AGED
ABOUT 56 YEARS. FOREST BEAT OFFICER,
PERIKIVALASABEAT, ADDATHEEGALA RANGE,
RAMPACHODAVARAM DIVISION, KAKINADA DISTRICT, A.P.
3. GARADALA RAMA MOHAN, S/O. VENKATARAMAIAH, AGED
ABOUT 53 YEARS. ASSISTANT BEAT OFFICER,
SINGANAMALA BEAT, ANANTHAPURAM SECTION,
ANANTHAPURAM RANGE, ANANTHAPURAM DISTRICT, A.P.
4. DASATHIMMAPPA,, S/O. LATE PULLAIAH, AGED ABOUT 53
YEARS. ASSISTANTBEAT OFFICER,
JAKKALACHERUVUBEAT, GOOTY RANGE,
ANANTHAPURAMDIVISION, ANANTHAPURAM DISTRICT,
A.P.
5. VARAKALA CHANDRASEKHAR, S/O. LATE
VENKATASWAMY, AGED ABOUT 58 YEARS. ASSISTANT
BEAT OFFICER, YADIKIBEAT, GOOTY RANGE,
ANANTHAPURAMDIVISION, ANANTHAPURAM DISTRICT, A.P
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6. SARIPALLIVENKATARAMANA MURTHY, S/O. LATE SATYAM,
AGED ABOUT 59 YEARS, ASSISTANT BEAT OFFICER,
AMPALAM BEAT, TEKKALI RANGE, SRIKAKULAM DIVISION,
SRIKAKULAM DISTRICT, A.P.
7. VONTEDDUSREENATHA REDDY, S/O. RAMA LINGA REDDY,
AGED ABOUT 57 YEARS ASSISTANT BEAT OFFICER,
POLATALA BEAT, VEMPALLI RANGE, KADAPA DIVISION,
Y.S.R. KADAPADISTRICT, A.P.
8. BONTHALAVENKATESHWARLU, S/O. MALLAIAH, AGED
ABOUT 55 YEARS. ASSISTANT BEAT OFFICER,
VELUGODU WEST BEAT, VELUGODU RANGE, ATMAKURU
DIVISION, NANDYAL DISTRICT, A.P.,
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS
PRINCIPAL SECRETARY, ENVIRONMENT, FORESTS,
SCIENCE AND TECHNOLOGY DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS
PRINCIPAL SECRETARY, FINANCE DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI.
3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
FOREST DEPARTMENT, ARANYABHAVAN, P.V.S.
LANDMARK, NEAR APIIC TOWERS, MANGALAGIRI,
GUNTUR DISTRICT, A.P.,
4. THE CHIEF CONSERVATOR OF FORESTS, GUNTUR
CIRCLE, GUNTUR, GUNTUR DISTRICT, A.P.,
5. THE CHIEF CONSERVATOR OF FORESTS, RAJAHMUNDRY
CIRCLE, CENTRAL JAIL ROAD, ANNAPOORNAMMAPETA,
RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT,
A.P.,
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6. THE CHIEF CONSERVATOR OF FORESTS,
ANANTAPURAMCIRCLE, ADIMURTHY NAGAR,
GULZARPET, ANANTHAPUR, ANANTHAPUR DISTRICT,
A.P.,
7. THE CHIEF CONSERVATOR OF FORESTS,
VISAKHAPATNAMCIRCLE, VUTAGEDDA ROAD,
PANDURANGAPURAM, VISAKHAPATNAM,
VISAKHAPATNAM DISTRICT, A.P.,
8. THE CHIEF CONSERVATOR OF FORESTS, KURNOOL
CIRCLE, R.S. ROAD, KURNOOL, KURNOOL DISTRICT, A.P.,
9. THE DISTRICT FOREST OFFICER,
SURYANARAYANAPURAM, KAKINADA, KAKINADA
DISTRICT, A.P.,
10. THE DISTRICT FOREST OFFICER, ADIMURTHY NAGAR,
GULZARPET, ANANTHAPUR, ANANTHAPUR DISTRICT,
A.P.,
11. THE DISTRICT FOREST OFFICER, MEHER NAGAR,
SRIKAKULAM, SRIKAKULAM DISTRICT, A.P.,
12. THE DISTRICT FOREST OFFICER, NAGARAJUPETA,
KADAPA, Y.S.R. KADAPA DISTRICT, A.P.,
13. THE DISTRICT FOREST OFFICER, BOMMALASATRAM,
NANDYAL, NANDYAL DISTRICT, A.P.,
...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 may be pleased to issue any Writ, Order or Direction more
particularly one in the nature of Writ of Mandamus declaring the action
of the Respondent authorities in non-regularizing the Petitioners in
their respective posts even though the Petitioners are eligible for
regularization by fulfilling the conditions prescribed in A.P.
Regularization of Services of Contract Employees Act, 2023
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G.O.Ms.No.114 dated 21.10.2023 and not including the Petitioners
names in the regularization list in pursuance of G.O.Ms.No.22 dated
and 16.03.2024 which was extended to other contract employees who
appointed along with the Petitioners and regularized in their services
as illegal, arbitrary, discriminatory and in violation of Article 14, 16, 19
and 21 of the Constitution of India and against the A.P. Regularization
Services of Contract Employees Act, 2023 and G.O.Ms.No.114 dated
21.10.2023 and direct the Respondent authorities to regularize
services of the Petitioners in their respective posts as on date of
16.03.2024 which was extended to other contract employees who
joined service along with the Petitioners by considering their long
length of 16 years of service as per the Hon'ble Apex Court judgment
in Secretary, State of Karnataka and Ors. vs. Uma Devi and Ors.
dated 10.04.2006 with all service emoluments including payment of
arrears, seniority and other promotional benefits and pass such other
order.
IA NO: 1 OF 2024
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 pass an interim order by directing the Respondent
authorities to consider the written representation dated 16.07.2024
submitted by the Petitioners, until disposal of the above writ petition
and pass such other order.
IA 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 pass an order by directing the Respondent
authorities to continue the services of the Petitioner No.6 in the post of
Assistant Beat Officer upto the age of 62 years and pass such other
order.
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Counsel for the Petitioner(S):
1. SRINIVASA RAO NARRA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.25700 OF 2024
ORDER:
1. The present Writ Petition is filed questioning the action of Respondent authorities in not regularizing the Petitioners in their respective posts prescribed in A.P. Regularization of Services of Contract Employees Act, 2023 and G.O.Ms.No.114, dated 21.10.2023 and not including the names of the Petitioners in regularization list, as illegal and arbitrary.
2. Petitioner No.1 and Petitioners Nos.2 to 8 were initially appointed as Driver and Assistant Beat Officers respectively in the Forest Department in sanctioned posts on contract basis in the years 2004 to 2008 and the same was being extended from time to time. While so, an Act was issued "Andhra Pradesh Regularization of Services of Contract Employees Act, 2023, (in short "the Act") which provided for regularization of Contract Employees as per Chapter-II thereof, certain conditions have been prescribed for regularization. One of the conditions imposed that Section 3(2) of "the Act" states that the persons, who have been appointed on contract basis as on 02.06.2014 and should be continuing as on the date of commencement of the Act are entitled for regularization. Chapter-II deals with Regularization of Services of Persons appointed on contract basis, wherein Section 3 of 'the Act' reads as under:
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3. Notwithstanding anything contained in any law/ Rule/ Notification/ Government order for the time being in force, the persons appointed on contract basis, shall be regularized, subject to fulfillment of the following conditions.
(1) Regularization shall be applicable to the persons appointed on contract basis in the Government Departments only.
(2) The persons should have been appointed on contract basis as on 2nd June 2014 and should be continuing as on the date of the commencement of this Act.
(3)........
(4).......
(5) The regularization of a person appointed on contract basis shall be considered, only if his initial appointment was in due compliance with the procedure relating to:
(i) Selection Process;
(ii) Rule of reservation;
(iii) Eligibility, age & educational qualifications prescribed for the post;
(iv) Notification of Vacancies.
(6) The regularization shall be only, against, clear vacancies after duly excluding the vacancies notified by the recruitment bodies such as Andhra Pradesh Public Service Commission (APPSC), Andhra Pradesh State Level Police Recruitment Board (APSLPRB) etc., 8
3. Learned counsel for the Petitioners would further submit that the proposals were sent by Principal Chief Conservator of Forests for regularization of 195 contract employees, working in the Forest Department as on 02.06.2014 and still working as on 21.10.2023. As per G.O.Ms.No.22, dated 16.03.2024, the Government regularized 119 contractual employees, leaving the balance of 32 employees. The reason for non-consideration of the Petitioners' case for regularization was on account of non-furnishing of latest Caste Certificates by the Petitioners.
In the proposals sent by the Principal Chief Conservator of Forests for the second time on 07.02.2025 for regularization of 32 individuals, the names of the Petitioners were also included. It is on this ground that the Petitioners are questioning the impugned proceedings as their case for regularization is under active consideration.
4. Learned Assistant Government Pleader for the Respondents would contend that the Petitioners are not entitled for continuing beyond 31.07.2025 as they were not regularized as on date. It was contended that as per G.O.Ms.No.15, dated 31.01.2022, the Andhra Pradesh Public Employment Regulation of Age of Superannuation Act, 1984 was amended by enhancing the age from 60 to 62 years would not apply to the case of the Petitioners.
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5. Having heard the respective counsel and considering the fact that the issue of regularization of the Petitioners is under active consideration by the Government, the Petitioners would have to face hardship, in the event, regularization is with effect from 31.07.2025.
6. In that view, this Court is inclined to dispose of the Writ Petition with following directions:
(i) The Petitioners shall continue in their respective posts till the Respondent No.1 decides on the aspect of regularization of the Petitioners;
(ii) The Petitioners shall be paid salary as was paid till Government take decision for regularization of the Petitioners or till attaining age of 62 years;
(iii) No order as to costs.
7. With the above directions, the Writ Petition is disposed of.
8. As a sequel, miscellaneous applications pending, if any, shall stand closed.
__________________ NYAPATHY VIJAY, J Date: 08.09.2025 IS 10 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.25700 OF 2024 Date: 08.09.2025 IS