High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE M.S. RAMACHANDRA RAO
Bojja Subba Rao
Versus
The Government of Andhra Pradesh, rep.by its Secretary, Panchayat Raj Department, Rural Development Wing, Secretariat & Others
Writ Petition No.3602 of 2000
Decided on : 14-09-2012
This writ petition has filed by the petitioner challenging the proceedings of the second respondent in reference No.4829/RD.V(2)/99, dated 5.1.2000 and for consequential direction to the respondents to regularize his services forthwith from the date of his initial appointment in terms of G.O.Ms.No.212 (Finance and Planning (FW.PC.III) Dept dated 22.4.1994.
2. The petitioner was initially appointed as Section Writer on 16.10.1986 on daily wage basis by the District Rural Development Agency, Prakasam Bhavan, Ongole, Prakasam District ( for short ‘DRDA’).
3. The DRDA is a project under the control of the Panchayat Raj Department headed by the second respondent. The main function of the DRDA is to help the rural people by lending the loans or giving financial assistance in order to augment their development. The District Collector is the Chairman of the DRDA at District level. The respondents have also constituted Handicrafts Artisans Marketing Promotion Institute (for short ‘HAMPI’) , a co-operative society regd. Under the A.P.Co-operative Societies Act,1964 with the 4th respondent as it’s Managing Director . Services of the Staff working under him were being utilized either in DRDA or in its subsidiary HAMPI.
4. The petitioner worked in DRDA as Section Writer from 24.10.1986 to 31.03.1987. From 1.4.1987, the petitioner was made to work on consolidated wages as a salesman-cum- clerk in HAMPI. vide order dated 10.10.1997 of the Project Director, DRDA, Ongole, the petitioner along with the three other employees were ordered to assist the personnel of DRDA and to keep the attendance register of HAMPI staff on the table of the Superintendent (DRDA).
5. The Government of Andhra Pradesh issued G.O.Ms.No.212, Finance & Planning (FW-PC-III) Department, 22.4.1994 providing for regularizing the services of persons who worked continuously for a minimum period of five years in Government Offices, local bodies, Universities, public sector undertakings and various other bodies and institutions operating on government finances and who are continuing as on 25.11.1993, subject to the fulfillment of the following conditions:
“1) The persons appointed should possess the qualifications prescribed as per rules in force as on the date from which his/her services have to be regularized.
2) They should be within the age limits as on the date of appointment as NMR/Daily Wage employee.
3) The rule of reservation wherever applicable will be followed and back-log will be setoff against future vacancies.
4) Sponsoring of candidates from Employment Exchange is relaxed.
5) Absorption shall be against clear vacancies of posts considered necessary to be continued as per work-load excluding the vacancies already notified to the Andhra Pradesh Public Service Commission/District Selection Committee.
6) In the case of work charged Establishment, where there will be no clear vacancies, because of the fact that the expenditure on work charged is at a fixed percentage of
P.S. charges and as soon as the work is over, the services of work charged establishment will have to be terminated, they shall be adjusted in the other departments, District Offices provided there are clear vacancies of last Grade Service.”
6. The petitioner filed W.P.No.18400 of 1998 seeking regularization of his services in terms of the said G.O contending that he has satisfied all the requirements laid down in the said G.O and also contending that the action of the respondents in not regularizing his services is arbitrary and illegal. On 9.6.1999, the said writ petition was allowed by this Hon’ble Court and a direction was given to the respondents to consider the case of the petitioner for regularization of his services in accordance with G.O.Ms.No.212, dated 22.4.1994 and to pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. On 23.7.1999, the said order was further modified in W.P.No.17419 of 1998 and the respondents were direc
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