The State of Andhra Pradesh v. Commerce Department, Secretariat Buildings, Saifabad, Hyderabad & Ors.

THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.21164 of 2001 ORDER OF THE COURT: The petitioners filed the instant writ petition challenging the order dated 28.02.2001 in O.A.No.6404 of 1998 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad. The second respondent filed the said O.A. seeking a direction to the petitioners to regularize her 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 22.04.1994. The learned Tribunal allowed a batch of O.A.s directing the petitioners to regularize the services of the second respondent and others as per the conditions incorporated in G.O.Ms.No.212, dated 22.04.1994 and G.O.Ms.No.112, dated 23.07.1997 irrespective of the fact whether they 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 issued by the learned Tribunal to regularize full-time/part-time 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]. He further submits that on appeal, i n A.Manjula Bhashini v A.P. Women’s Coop. Finance Corpn. Ltd.[2], the Supreme Court reversed the judgment i n P.Venkata Kumari. He has invited our attention 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 second respondent as full-time/part-time employee has completed 5/10 years of service as on 25.11.1993, his case shall be considered for regularization subject to fulfillment of conditions laid down in G.O.Ms.No.212, dated 22.04.1994 G.P.(P) No.112, dated 23.07.1997, if not already considered. The writ petition, with the above observations, stands allowed. No costs. ________________ (V.V.S. RAO, J) ___________________

(K.G.SHANKAR, J)

17.08.2011 KH [1] 2001 (4) ALD 368 : 2001 (3) ALT 366 [2] (2009) 8 SCC 431