The General Superintendent, P.W.D.W.S.Sithanagaram, Guntur District v. V.Ratnam, Electrician, Gr.II, P.W.D.W.S. Sithanagaram, Guntur District

THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.22661 of 2003 ORDER OF THE COURT: The petitioners filed the instant writ petition challenging the order dated 26.2.2001 in O.A.No.470 of 2000 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad. The respondents filed the said O.A. seeking a direction to the petitioners to regularize their services from the date of completion of five years of service in accordance with guidelines issued in G.O.Ms.No.212, Finance & Planning, dated 22.4.1994. The learned Andhra Pradesh Administrative Tribunal allowed the O.A. directing the petitioners to regularize the services of the respondents as per the conditions incorporated in G.O.Ms. No.212, dated 22.4.1994 and G.O.Ms.No.112, dated 23.7.1997 irrespective of the fact whether they have completed 5/10 years of service as on 25.11.1993 provided they were in service as on the cut-off date and without insisting for existence of clear vacancy.

The Government Pleader for Services contends that the direction full-time/part-time issued by learned Tribunal to regularize employees whether or not they have completed 5/10 years of service as on 25.11.1993, was based on the Division Bench judgment of this Court in Secretary, A.P. Social Welfare Residential Educational Institutions Society v P.Venkata Kumari[1]. It is further submitted that on appeal, i n A.Manjula Bhashini v A.P. Women’s Coop. Finance Corpn. Ltd.[2], the Supreme Court reversed the judgment in P.Venkata Kumari. Our attention has been invited to the following directions and observations of the Supreme Court. They are as follows. As a corollary, we hold that the declaration made by the Division Bench that all persons who completed 5 years service as on the date of coming into force of Act No.27 of 1998 would be entitled to be considered for regularisation of their services is legally unsustainable and is liable to be set aside. … … The declaration made by the Division Bench that the ban on regularisation will be effective from 19.8.1998 i.e. the date on which Act No.

27 of 1998 came into force and that all persons who have completed 5 years service as on that date would be entitled to be considered for regularisation of service is set aside. It is, however, made clear that the daily wage employees and others who are covered by Section 7 of the 1994 Act (amended) and whose services have not been regularised so far, shall be entitled to be considered for regularisation and their services shall be regularised subject to fulfillment of the conditions enumerated in G.O. dated 22.4.1994. In view of the decision of the Supreme Court, the writ petition has to be allowed. However, we make it clear, if the respondents as full- time/part-time employees have completed 5/10 years of service as on

25.11.1993, their cases shall be considered for regularization subject to fulfillment of conditions laid down in G.O.Ms. No.212, dated 22.4.1994 and G.P. (P) No.112, dated 23.7.1997, if not already considered. The writ petition, with the above observations, stands allowed. No costs. ________________ (V.V.S. RAO, J) ___________________ (K.G.SHANKAR, J) August 18, 2011 YS [1] 2001 (4) ALD 368 : 2001 (3) ALT 366 [2] (2009) 8 SCC 431