ORDER :

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief :-

“to issue appropriate writ order or orders particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not regularizing petitioners’ services on par with the other similarly situated persons in view of the G.O.Ms.No.601 dated 12.12.2017, orders passed by this Hon’ble Court in W.P.No.20900 of 2017 dated 10.07.2017 and W.P.No.37159 of 2018 and G.O.Ms.No.142 dated 27.08.2018 and G.O.Ms.No.56 dated 05.03.2021, is illegal, arbitrary, unjust, unfair and violation of Article 14, 19, 21 and consequently direct the respondents to regularize the petitioners services from the date of completion of five years of service with consequential benefits and to pass such other order or orders ….”.

2. The case of the petitioners, in brief, is that petitioner No.1 was appointed in Commercial Tax Office, Ambajipeta, East Godavari District, as part-time man worker on monthly remuneration of Rs.75/-. Petitioner No.2 was appointed as part time water boy –cum-Sweeper in Commercial Taxes Office, Suryaraopeta, Kakinada w.e.f. 01.07.1992 on daily wage basis. Petitioner No.3 was appointed as a man-worker on part time basis to sweep and fetch water in Commercial Tax Office, Rajahmundry, East Godavari District on a consolidated remuneration of Rs.250/- per month. Petitioner No.4 is appointed as part time man worker in Commercial Taxes Office, Mangalavarapupeta, Rajahmundry on consolidated pay of Rs.250/- per month w.e.f. 15.02.1993, under special rules and restrictions laid down in A.P. Finance Code Volume II vide item 34 of Appendix 7. Petitioner No.5 is appointed as part time water boy Commercial Tax office, Mummidivaram from 11.04.1989 with a minimum pay of Rs.75/- per month. Later basing on representations made by the petitioners, their wages are being enhanced.

3. Petitioners, from the date of their appointment, have been discharging duties. According to the petitioners, they made several representations to the authorities seeking regularization of services in the cadre of Attender/Office Sub-ordinate. Few appointments were made in the cadre of part time sweeper – cum- watch night watchman even after cut off dated 25.11.1993 and they have been continuing till date on the strength of stay orders passed by Administrative Tribunal, Hyderabad.

4. Government, vide G.O.Rt.No.3080 GA (Cabinet) Department dated 09.09.2014 had constituted a committee comprising group of Ministers under the Chairmanship of Minister for Finance to review the existing system of contractual employment and to recommend legal and statutory framework therein.

5. G.O.Ms.No.142 dated 27.08.2018 was issued whereby Government, agreed to the recommendations made by group of Ministers regarding drawing of minimum pay + DA in RPS, 2010 and to extend minimum pay + DA in the revised pay scales, 2015 keeping in view judgment of the Hon’ble Apex Court in Civil Appeal No.213 of 2013. Petitioners were sanctioned minimum pay scale as per G.O.Ms.No.142, dated 27.08.2018. Since petitioners’ services are not regularized though they have been working under the respondent since long time, the present writ petition is filed.

6. Counter is filed on behalf of respondent No.3. It was contended inter alia that appointment of petitioners is purely on temporary basis and will be terminated at any time without notice. In compliance of orders of composite High Court in W.P.No.35159 of 2018, G.O.Ms.No.56, dated 05.03.2021 was issued, after examination of the matter, and agreed to sanction minimum wages, which is equal to minimum pay and allowance to class-IV regular employees scale to some persons subject to certain conditions. Government also directed the Chief Commissioner of State Tax, A.P., Vijayawada to take further action in the matter. It is stated that petitioners will not come under the purview of G.O.Ms.No.212, F & P., (Dept)., dated 22.04.1994 and