K. KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitions were originally filed as O.As before the Andhra Pradesh Administrative Tribunal, Hyderabad, challenging the Memos dtd. 26/4/2019 issued by the Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District, whereby their services have been terminated without giving any opportunity of hearing and in violation of principles of natural justice.

(2.) It is the case of the petitioners that they were appointed as Helpers on NMR basis during the year 1984 and 1985 and have been regularly employed thereafter in the said capacity. When their services were discontinued in the year 1991, they preferred W.P. No. 16197 of 1991 before the erstwhile High Court of Andhra Pradesh, which was disposed of on 3/4/1995 directing the respondents therein to examine their claim with reference to their absorption in the work charged establishment. Thereafter, the petitioners preferred O.As, one such being O.A. No. 2494 of 2006, which was disposed of on 8/12/2009 directing the respondents therein to take the services of the applicants. Pursuant to which, they were reinstated in October, 2010 and since then they are working as NMR workers. Thereafter, the petitioners preferred O.A. No. 2778 of 2018 before the Andhra Pradesh Administrative Tribunal questioning the action of the respondents in not regularizing their services and not paying regular scale of pay attached to the post. Vide order dtd. 14/12/2018, the Tribunal directed the respondents therein to pay minimum in the time scale attached to the post in which they are working along with D.A., and also directed to pay arrears w.e.f. 1/11/2016 as per the judgment of the Hon'ble Supreme Court in the case of State of Punjab v. Jagjit Singh reported in (2017) 1 SCC 148.

(3.) It is further case of the petitioners that when the order was not complied with, they were compelled to prefer contempt applications before the Andhra Pradesh Administrative Tribunal in which notices were issued to the respondents. Therefore, as a counterblast, the impugned memos have been issued to the petitioners terminating their services in utter violation of principles of natural justice.