ORDER :

Venkateswarlu Nimmagadda, J.

This writ petition is filed to declare the proceedings dated 25.07.2018 of the 1st respondent and the consequential proceedings dated 23.11.2018 issued by the 2nd respondent directing to regularise the services of the petitioner with effect from 05.11.1994 in the cadre of Attender as illegal, arbitrary and contrary to the orders of this Court in W.P.No.12232 of 1996.

2. Heard Sri A. Rajendra Babu, learned counsel for the petitioner, and learned Government Pleader for Services appearing for respondent Nos.1 to 3. In spite of service of notice to respondent Nos.4 and 5, none appeared for them.

3. In brief, the case of the petitioner is that the Secretary, Mansas, Fort, Vizianagaram, by proceedings dated 24.08.1988 appointed him as Clerk-cum-Typist in the Mansas, ITI, on a consolidated pay of Rs.425/- per month with effect from the date of joining until further orders in the place of one C.A.V.J.A. Ramaraju. He continued in the said post till 03.11.1994. On 04.11.1994, he was transferred to M.R. College (Autonomous), Vizianagaram and posted as Clerk in the Examination Section. Accordingly, he joined in the said college on 05.11.1994 and continued thereat till he retired from service on attaining the age of superannuation i.e., on 31.12.2017.

i) The post in which the petitioner was initially appointed is an aided post. The 4th respondent addressed letters to the 2nd respondent for admitting him into an aided post on 27.12.1995 and 29.12.1995. But, the 2nd respondent by proceedings dated 10.04.1996 rejected the proposals submitted by the 4th respondent on the ground that the initial appointment of the petitioner was made without following the due procedure or through the employment exchange.

ii) Aggrieved by the order of rejection dated 10.04.1996, the petitioner approached this Court by filing a writ petition vide W.P.No.12232 of 1996 and sought for absorption of his services into the aided post of Clerk with effect from 01.03.1992 with all consequential benefits. This Court by an order dated 16.03.2002 allowed the said writ petition with a direction to consider the case of the petitioner for absorption into the aided post of Clerk w.e.f. 01.03.1992 while setting aside the order of rejection dated 10.04.1996. Challenging the order dated 16.03.2002 in W.P.No.12232 of 1996, the 2nd respondent preferred an appeal in W.A.No.965 of 2002. The Division Bench of this Court by an order dated 11.06.2002 dismissed the writ appeal.

iii) Subsequently, the petitioner submitted a representation dated 22.08.2015 to the 2nd respondent who, in turn, addressed a letter dated 13.10.2015 to the 1st respondent for absorption of the services of the petitioner. Without considering the case of the petitioner in a proper perspective, the 1st respondent issued G.O.Rt.No.44, Higher Education (CE) Department, dated 15.03.2017 regularising the services of the petitioner against an existence vacancy in the category of Attender in terms of G.O.Ms.No.212, Finance (PC.III) Department, dated 22.04.1994, with prospective effect i.e., from the date of issuing orders by the competent authority subject to condition that the said vacancy is clear, regular and continued from time to time and no senior eligible person is overlooked. Pursuant thereto, the 2nd respondent issued proceedings dated 30.03.2017.

iv) Thereafter, the petitioner submitted a representation to the respondents seeking to regularise his services with retrospective effect. Then, the 2nd respondent addressed a letter dated 18.12.2017 to the 1st respondent with a request to issue suitable o