ORDER :

The appellants are aggrieved by the full Bench decision of the High Court of Andhra Pradesh dated 21st November, 2003 passed in W.P. Nos. 17497, 18319, 18681 and 19041 of 1999 and W.P.No.1793 of 2001. By the impugned judgment the full Bench upheld the order of Andhra Pradesh Administrative Tribunal dated 25th June, 1999 in a batch of Original Applications commencing from O.A. NO. 5667 of 1993. To appreciate the controversy raised in these appeals certain facts are to be necessarily highlighted. The appellants along with contesting private respondents were all appointed in the Engineering Services of the Andhra Pradesh Government in different departments. Their initial entry into service was as temporary employees. Representations were made by them for their regularization. The State Government came forward to issue G.O.Ms. No. 647 on 14th September, 1979. After making reference to their induction into service as temporary employees ultimately gave the following directions:

"(i) the services of all temporary Government employees who were appointed by direct recruitment to any category of post and are continuing in service as on 09.08.1979, should be regularised without subjecting them to any test written or oral;

(ii)a) the service of all temporary employees in all categories other than L.D.Cs. Typists and Steno Typists in the office of the Heads of Department and Junior Assistants. Typists and Steno Typists in the Secretariat should be regularied from the next date following the date on which the last regular appointment in that category was made in the Unit concerned or from the date of temporary appointment whichever is later."

2. The Government directed that all temporary appointments made by direct recruitment and continuing as such as on 09.08.1979 shall be excluded from the purview of the commission under the provision to clause (3) of the Article 320 of the Constitution of India.

3. The Government also took a decision after careful consideration to regularise the services of all temporary employees who were continuing in service as on the August, 1979. The services of all temporary employees who were appointed by direct recruit in any category of posts and are continuing in service as on 9th August, 1979 were also to be regularised without subjecting them to any test written or oral. It is not in dispute that the said G.O.Ms. NO.647 of 14.09.1979 has become a final and conclusive.

4. Be that as it may, there was a selection for appointment for various posts in the Engineering Services in the post of Assistant Executive Engineers came to be made through the Andhra Pradesh Public Service Commission. The candidates from the open market as well as all the temporary employees participated in the said selection. It is submitted before us that all the temporary employees who participated in the selection got selected in the said process apart from the candidates from the open market. The issue arose for consideration, at the instance of some of the candidates who participated in the selection process and got selected but yet could not secured appointment into service. The said case came to be dealt with by this Court ultimately and was decided in the decision reported in (1982) 3 SCC 341 I.J. Divakar & Ors. v. Government of Andhra Pradesh & Anr. After a detailed analyses the following relief came to be granted by this Court in paragraph 6. In order to do justice between the parties and not to leave the appellants, fresh young engineering graduates, in lurch, we direct that the Commission shall proceed and finalise the list of selection on the basis of viva voce test conducted and marks assigned and forward the same to the Government within two months from today. If the appellants or any one of them fall within the zone of selection, they must be first appointed according to their place in the selection list before any outsider is appointed. Hereafter to the post of Junior Engineer in any branch of Andhra Pradesh Engineering