HC faults TS staff moves
TS told to adhere to relevant order by SC
Pointing out that the decision of the TS government to regularise services of contract employees’ was prima facie illegal, the Hyderabad High Court on Wednesday told the government to adhere to the order of the Supreme Court in the state of Karnataka vs Uma Devi case while regularising services.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akhter while hearing a PIL by J. Shankar Rao and another from Karimnagar, against regularisation of services of contract employees, directed the government to regularise services of contract employees who wre appointed before April 10, 1996 and have completed 10 years of service. Staff appointed after April 10, 1996 should not be regularised, the court ordered.
TS A-G K. Ramakrishna Reddy submitted that the government has been regularising services of the contract employees who were appointed in undivided AP and rendering service for the past 5 to 10 years.
Mr Reddy said that the government had constituted a committee following representations from employees associations for regularisation of contract employees which recommended regularisation of contract employees who have been in service for the past 5 to 10 years.
While reminding the bench that a petition on the same issue was already pending before the court, Mr Reddy urged the bench to grant time to file the counter affidavit.
Sarasani Satyam Reddy, senior counsel for the petitioners, told the court that the government, while adopting AP Public Employment Act 1994, incorporated Section 10-A for regularisation of services of contract employees. He contended that Section 10-A was against the judgment of the Supreme Court in the State of Karnataka versus Uma Devi’s case in 2006.
Mr Satyam Reddy reminded that the government has given an undertaking before the court of not making any further regularisation of services in a separate case, despite which regularisation spree was continuing.
GIVE BACK LAND, SAY FARMERS
The Hyderabad HC on Wednesday asked the TS government to spell out its stand on two petitions moved by displaced farmers of Chinnonipalli reservoir under the Nettempadu lift irrigation in Gadwal district seeking to declare as illegal the award passed under the repealed Land Acquisition Act, 1894.
Justice A.V. Sesha Sai was hearing the petitions by Gopala Rao, Paramesh and 128 farmers from Chagadona, Induvasi and Chinn-onipalli villages, seeking returning of their lands that have remained unutilised since 2005.
M.V. Durga Prasad, counsel for the petitioner, told the court that the government has taken possession of 2,000 acres in 2005 for the reservoir despite resistance from the farmers by creating false proceedings.
He said that the construction work was awarded to a private contractor and only 70 per cent of the work was completed.
He said meagre compensation was awarded to the farmers and till date no compensation was given to them for borewells, trees and structures.
He contended that as per Section 24(2) of the Land Acquisition Act, notification for the acquisition of land will stand cancelled in the event of failure in payment of full compensation and not utilising the land within five years for the purpose for which it was acquired.
Mr Prasad said the lands were still in the possession of the farmers and they were cultivating them. S. Sharath Kumar, counsel for the government, submitted the plea of the farmers was not maintainable due to the completion of 70 per cent works.