SHAK MASTAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The brief facts of the case are that earlier the resolution passed by the Gram Panchayat dtd. 26/12/1990 in which state that the gram panchayat appointed the petitioners on tender basis on 1/1/1991 to 31/12/1991 the Divisional Panchayat Officer, Nuzvid issued proceedings dtd. 6/5/1991 and subsequently against the same DPO was issued proceedings and extend the one more year i.e., dtd. 29/2/1992 and from time to time the same was extending. It is stated that the Government issued. O.Ms. No. 572 dtd. 28/12/2011 wherein stated that Tiruvur Gram Panchayat in Krishna District has upgraded to Tiruvur Nagar Panchayat. The service certificate also issued by the Commissioner Nagar Panchayat, Tiruvur on 30/4/2012, stating that he is working since 1/1/1991 to till date. Thereafter, the Commissioner of Nagar Panchayat, Tiruvur dtd. 4/1/2013 in which the petitioners herein mentioned that their date of engagement since 1/1/1991 to till date. Thereafter the petitioners made representation on 12/7/2019 to the 1st respondent and the same is pending.

(3.) Counter affidavit is filed by the respondents No. 1 and 3 while denying all the averments made in the petition contended that as per the information furnished by the respondent No. 4, the petitioners were appointed on 20/12/1992 on Contract basis for maintenance of Pipe Line works, Electrical Motors and maintenance of fogging machine by the then Divisional Panchayat Officer. As per the proceedings issued by the Divisional Panchayat Officer, Nuzvid the petitioners were engaged on contract basis only for the maintenance of Sanitation, Water Supply and Lighting purpose and they continued on contract basis up to 31/12/1997, the Divisional Panchayat Officer, Nuzvid has further stated that since January 1998, the erstwhile Gram Panchayat, Tiruvur has engaged the labour through the contractor and since the petitioners herein were also doing the said works as the contract labour through the Contractor and they continued their services under the Contractor till 2011. It is stated that as per G.O.Ms. No. 126 GAD, dtd. 18/10/2019 has established the Andhra Pradesh Corporation for Outsourced Services (APCOS) and all the names of the contract workers out sourcing workers working as on the date of G.O. were uploaded into the APCOS and since 1/10/2020 the petitioners have been drawing their salaries through APCOS.