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Judgment
All these Writ Petitions are filed by the respective petitioners seeking a Writ of Mandamus declaring the proceedings of the 3rd respondent issued in No.AB/A.4/WP No.16986/2011/131 dt.17.06.2020, No.AB/A.4/WP No.16640/2020/287 dt.03.12.2020, No.AB/A.4/WP No.29836/2012/132 dt.17.06.2020 and No.AB/A.4/WP No.9491/2012/ 133 dt.17.06.2020 rejecting the claim of the petitioners for being appointed as NMRs in casual or regular vacancies in the respondent organisation as illegal, arbitrary and violative of principles of natural justice.
Brief facts leading to the filing of these Writ Petitions are that the petitioners herein claim to have been appointed as NMR Mazdoors/Lascars under the jurisdiction of the Executive Engineer, Kallur, Nagarjuna Sagar Left Canal in the years 1979-1985. It is submitted that all the petitioners have worked in the Sub-Divisions of Kallur, Tiruvuru and Madhira and all the Sub-Divisions are under the control of the 4th respondent. When the respondents proposed to discontinue NMR services in the year 1985 without issuing any notice, similarly placed persons as the petitioners herein filed W.P.No.764 of 1985. It is submitted that all the NMR workers were entitled for regular appointments as there were many regular vacancies available and there was work. However, the services of all the petitioners in these Writ Petitions were discontinued in the year 1988. It is submitted that in W.P.No.764 of 1985, interim order dt.07.03.1988 was passed directing the respondents to appoint the petitioners therein in existing vacancies in regular or casual posts pending further orders and vide orders dt.14.10.1988, the said orders were made absolute. For implementation of the order passed in W.P.No.764 of 1985, some of the petitioners filed W.P.No.9350 of 1993 and the respondents therein had filed a counter affidavit giving an undertaking that as and when work is available and vacancies arise, the petitioners therein will be given priority. It is submitted that on 05.08.2005, without following/implementing the directions of this Court in W.P.No.764 of 1985, some outsiders were taken into service. Therefore, Contempt Case was filed in C.C.No.621 of 2005 pointing out that there were vacancies which have arisen due to death and retirement of employees and that the petitioners therein should be considered against those vacancies. The Government however filed counter affidavit stating that those vacancies have arisen in regular posts and not in NMR posts and that there are no NMR vacancies. Taking the same into consideration, the Contempt Case was dismissed on 06.02.2006 giving liberty to the petitioners therein to question the proceedings of the respondents, dt.05.08.2005 in accordance with law.
It is submitted that on 30.01.2008, eleven (11) members similar to petitioners were appointed and an order in memo dt.24.04.2009 was issued appointing one person as NMR. In view of the same, similar members filed W.P.No.16455 of 2010 and interim order was passed directing the respondents to consider the case of the petitioners therein on priority basis to the post of Lascars in the existing or in future vacancies in the 2nd respondent Circle. When the said order was not implemented, C.C.No.1797 of 2010 was filed and the respondents contended therein that in view of the ban by the Government, the case of the petitioners therein for regular post of Lascars cannot be considered and that their cases for appointment as NMRs will be considered in the existing vacancies. By order dt.07.06.2011, the respondents were directed to consider the appointment of the petitioners therein as NMRs.
It is submitted that the petitioners herein, who are similarly placed as the petitioners in the above Writ Petitions, had filed W.P.No.16986 of 2011 and by order dt.22.06.2012, an interim direction was issued to consider the case of the petitioners also for appointment to the post of Lascars on priority basis in the existing or in future vacancies in the 3rd respondent Circle. On 30.09.2019, the Writ Petition was disposed of directing the respondents to appoint the petitioners herein as NMRs or Lascars in the existing or future vacancies in the 3rd respondent Circle. It is submitted that vide proceedings dt.23.12.2019, the 2nd respondent addressed a letter to the 1st respondent to issue necessary instructions for compliance of the orders of this Court and another letter dt.17.01.2020 was issued by the 3rd respondent to the 2nd respondent for instructions pursuant to the orders of the High Court. In view thereof, the 3rd respondent vide letter dt.17.06.2020 passed speaking orders rejecting the case of the petitioners for appointment on the grounds that after passing of Act 02 of 1994 by Government of A.P., no appointments are made without sanctioned posts and that charged establishment has no sanctioned posts in Irrigation and Command Area Development and therefore, appointments will lead to violation of the Act. It is also submitted that the posts of Lascars have been abolished and therefore, currently there are no vacancies nor are they likely to arise in future. Meanwhile, the Contempt Case filed by the petitioners in C.C.No.795 of 2020 was also closed granting liberty to the petitioners therein to challenge the rejection order dt.17.06.2020. Accordingly, these Writ Petitions have been filed.
Learned counsel for the petitioners, Sri Srinivasa Rao Velivela, submits that the respondents have engaged new NMRs in the vacancies that had arisen without giving opportunity to the petitioners and even after disposal of the Writ Petition, vide orders dt.05.08.2005, outsiders are being recruited and absorbed by the respondents and not the petitioners or similarly placed persons like the petitioners herein. It is submitted that after the abolition of VRO/VRA system, authorities have sought to transfer them to the Irrigation Department to work as Lascars and therefore, the contention that there are no posts of Lascars at present is not correct. It is further submitted that large scale new irrigation projects are coming up in the State Department and since the petitioners were engaged prior to Act 02 of 1994 coming into operation, they should be considered for appointment in the vacancies that would arise.
Learned Government Pleader for Services-II submits that the contention that the petitioners were appointed in the years 1979, 1980-81 as NMR, Man Mazdoor/Lascars, is not corroborated by any evidence and if the description of their age in W.P.No.1685 of 2012 is taken to be correct, all the petitioners would be minors at that age. It is submitted that the petitioners in W.P.No.764 of 1985 or W.P.No.9350 of 1993 were given priority as per the orders of the Court and none of the petitioners herein have filed Writ Petitions earlier. It is submitted that it is true that in violation of Act 02 of 1994, some of the workmen were appointed, but on realising the same, action has been initiated against the concerned Superintending Engineer for regularising such employees without obtaining clearance from the Government. It is submitted that even those employees were recruited before 16.03.1984 and had completed 5 years of service as they were engaged during 1976-77. It is submitted that one NMR employee has been appointed on 24.04.2009 pursuant to the directions of the Hon’ble Supreme Court in W.P.No.793 of 1987 and batch. It is submitted that the speaking orders dt.17.06.2020 are passed only after considering all the relevant facts and therefore, the petitioners’ claim for appointment cannot be accepted.
Having regard to the rival contentions and the material on record, this Court finds that neither in the earlier writ petitions, nor in the rejection orders, the respondent authorities are disputing the engagement or employment of the petitioners herein as NMRs/Mazdoors in the years 1979-85. It is for the first time that the respondents have taken this contention in the counter affidavit filed in these Writ Petitions. Even the rejection orders only speak of non-availability of vacancies and non-possibility of engaging the petitioners afresh in the existing Lascar posts on the ground that they have been abolished and that it is in violation of Act 02 of 1994. Since the petitioners are claiming to have been engaged prior to the Act 02 of 1994 coming into force and their services were discontinued in the year 1988, Act 02 of 1994 would not be applicable to them. Any fresh engagement as NMRs/Mazdoors is barred after 1994. It is seen that instead of regularisation of services of the petitioners herein, the respondents have resorted to discontinuation of their services and engaging new NMRs. This practice has been deprecated by the High Court and the Hon’ble Supreme Court and directions were given to the respondents to engage the services of similarly placed persons like the petitioners herein in the existing vacancies or in future vacancies whenever they arise. Since it is submitted that the posts of Lascars have been abolished and there is no possibility of future vacancies and having regard to the fact that considerable time has lapsed in the cases of these pettioners, this Court deems it fit and proper to direct the respondents to verify whether the petitioners have ever worked as claimed by them in the years 1979 to 1988 and if the petitioners were found to have worked and have not been regularised, then to consider engaging the petitioners herein in any casual/regular vacancies or any other equivalent posts of Lascars in near future. If, for any reason, it is not possible to engage their services again, the respondents are directed to consider or frame a scheme for payment of some reasonable and suitable compensation to the petitioners in lieu of engagement of their services. The entire exercise shall be completed within a period of four (4) months from the date of receipt of a copy of this order.
With the above directions, the Writ Petitions are disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in these Writ Petitions shall stand closed.