ORDER :

1. This petition is filed under Article 226 of the Constitution of India for the following relief:

“.......to declare the applicant is entitled to be regularized with effect from the date when he completed ten years of service after as per G.O.P. No. 112 Finance (PC III) Department, dated 23.07.1997 read with G.O.Ms. No. 112 Finance and Planning (FW-PC-III) Department, dated 22.04.1994 for the purpose of seniority pay pension and other retiral benefits from the date when he had completed ten years of service declaring that G.O.Ms. No. 330 Panchayat Raj and Rural Development (Estt.IV) Department, dated 23.09.2011 to the extent that it directs that the Applicants services should be regularized from prospective date i.e. date of issue of order is illegal, arbitrary and contrary to the judgment of the Hon’ble Supreme Court apart from being violative of Articles 14, 16 and 21 of the Constitution of India (Main prayer is amended as per the orders of the Tribunal dated 01.03.2017 in M.A. No. 169/2017 in O.A. No. 299/2017) and pass such other order or orders.....”

2. The facts of the case are that the petitioner has been working from 01.04.1981 as Part Time Tank Watcher in the Gram Panchayat of Ogirala in Bapulapadu Mandal under the control of District Panchayat Officer, Krishna, Machilipatnam. He had completed 13 years of service as on 25.11.1993. It is stated that the Government has issued G.O. (P) No. 112 Finance and Planning (FW-PC-III) Department dated 23.07.1997 applying G.O.Ms. No. 212 Finance and Planning (FW-PC-III) Department, dated 22.04.1994 to Part Time employees and directing regularization of the services of Part Time employees who had completed ten years of service as on 25.11.1993 the date on which the A.P. (Regulation of Appoints to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 came into force i.e. the cutoff date as imposed in G.O.Ms. No. 212 dated 22.04.1994.

It is stated that the Government has issued G.O.Ms. No. 330 Panchayat Raj and Rural Development (Estt.IV) Department, dated 23.09.2011 according permission to the Commissioner of PR&RE for regularization of services of the candidates whose names were annexed to the said GO in terms of G.O. (P) No. 112, dated 23.07.1997 from prospective date i.e. the date of issue of order and accordingly individual orders have been issued on 14.11.2011 by the District Panchayat Officer, Krishna, Machilipatnam regularizing the services of the petitioner as he is fully qualified and eligible for regularization and as there is a clear vacancy. However, the main grievance of the petitioner is that the action of the respondents in regularizing his services only from prospective date is illegal and arbitrary. Hence, the present writ petition.

3. Counter affidavit is filed by the 3rd respondent denying all the allegations made in the petition and contended that the Commissioner, Panchayat Raj has directed the District Panchayat Officer, Krishna to regularize the services of the petitioner, who in turn issued proceedings vide Roc. No. 3173/2010 Pts.8, dated 14.11.2011 regularizing the services of the petitioner and posted to A. Seetharampuram Gram Panchayat, Bapulapadu Mandal. It is further stated that the petitioner’s appointment itself is irregular as he was appointed in a non-provincialized post subsequent to the provincialization of the services of the employees appointed by the Village Sarpanchas. Only ratification on 23.09.2011 his post was provincialized and he was directed to regularize in a clear vacancy. The petitioner found regularization with effect from completion of service of 10 years as part time employee is not sustainable even for the purpose of pension. Therefore, considering all the facts the Government have issued G.O.Ms. No. 330 PR&RD (Estt-IV) Department, dated 23.09.2011 regularizing the services of the petitioner from prospective date i.e. the date of issue of orders. Hence, the service of the petitioner was regularized f