Hyderabad: Hyderabad High Court has made it clear that the Telangana government need not be separately impleaded as a party in the petitions pending before it.
A Division Bench comprising Justice P.V. Sanjay Kumar and Justice M. Ganga Rao was dismissing the appeals by the Telangana State Housing Corporation Limited, challenging an order by a single Judge issued for regularisation of services of work inspectors (technical and non-technical).
While disposing of writ petitions moved by the work inspectors in the year 2008, a single Judge on September 21, 2017, directed the Corporation to regularise the services of the work inspectors from the date in which they complete fi-ve years of continuous service.
The Corporation had challenged the order contending that after the bifurcation of Andhra Pradesh, the Telangana government and the managing director, Telangana State Housing Corporation Limited, were not impleaded as party respondents in the place of Andhra Pradesh Housing Corporation Limited in the petitions and thus the single Judge ought to have dismissed the petitions.
The Corporation informed the court that virtually the Corporation was defunct with no new projects and only skeletal staff, practically with no income. It also said that there was neither sufficient staff nor financial capacity for regularising the services of the petitioners as the existing staff was already redeployed to various other departments.
The Bench refuted the contention of the Corporation that in view of Section 104 of the Andhra Pradesh Reorganisation Act, 2014, it stipulates that the state of AP or the state of Telangana, which succeeds to or acquires a share in the property or the rights or liabilities by virtue of any provision of the Act, shall be deemed to be substituted for the existing state of Andhra Pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.
While holding that as per the GO Ms No. 182. dated Nove-mber 13, 1991, the petitioners are entitled for regularisation of their services from the date in which they complete five years of continuous service, the Bench declared that the Telangana government need not be impleaded separately as a party to the legal proceedings....