ORDER :

Heard the Learned Counsel for the Petitioners, learned Government Pleader for Finance and Planning and Learned Government Pleader for Municipal Administration.

2. This Writ Petition is filed praying to issue a Writ of mandamus, declaring the action of the respondents in not regularizing the services of the petitioners in terms of G.O.Ms.No 1320, MA, dated 15.12.1981, G.O.Ms.No.300, MA, dated 24.06.1985 and GO.Rt.No.1211, MA dated 18.10.1989 as it was done in the case of NMRs who are working along with the petitioners in Miryalaguda municipality vide G.O.Rt.No108, MA and UD Dept., dated 21.02.2018 which was issued by implementing the orders passed in O.A.No. 542 of 2001 and batch dated 18.04.2002, which were confirmed by this Court in Writ Petition No. 14909 of 2002, dated 10.11.2013 and also confirmed by the Hon’ble Supreme Court in Civil Appeal No.3567 of 2006 dated 26.04.2011 from the date of completion of 5 years.

3. The Case of the Petitioners in brief, is as follows:

a) Petitioners were initially appointed as NMR’s on 01.04.1998 in the 4th Respondent Corporation and the G.O.Ms.No 1320, MA, dated 15.12.1981, G.O.Ms.No.300, MA, dated 24.06.1985 were issued by the 1st Respondent for regularizing of NMRs who have completed 5 years of service in the municipalities as NMRs from their date of appointment.

b) As per G.O.Ms.No 1320, MA, dated 15.12.1981, the services of the NMRs who have completed 5 years of service on 13.11.1980 or from such subsequent date as and when they complete 5 years of total services shall be regularised. The Government thereafter issued G.O.Ms.No.300 MA dated 24.06.1985 for absorption of NMRs in term of G.O.Ms.No.1320 MA dated 15.12.1981.

c) Thereafter, the Government issued G.O.Rt.No.1211 MA, dated 18.10.1989 for creation of supernumerary posts those who fulfilled the conditions laid down in G.O.Ms.No.1320 MA dated 15.12.1981 and G.O.Ms.No.300 MA, dated 24.06.1985 and approached Tribunals/Courts and as per the above GO’s the petitioners were fully eligible for regularization of petitioners services prior to issue of G.O.Ms.No.212, F&P, dated 22.04.1994.

d) As per condition no. 5, there should be clear vacancies for regularization of NMRs who had completed 5 years of total service as per the terms of G.O.Ms.No.212 dated 22.04.1994. The petitioners are fully eligible and qualified for regularization of petitioners service in terms of G.O.Ms.No.1320 MA dated 15.12.1981 and G.O.Ms.No.300 MA, dated 24.06.1985 read with G.O.Rt.No.1211 MA dated 18.10.1989 for regularization of NMRs who are working in Municipalities in the entire state.

e) The services of NMRs working with the Petitioners in the Miryalguda Municipality were regularized by the Government vide G.O.Rt.No.108 MA dated 21.02.2018, as such the petitioners are also entitled for the similar relief by way of regularizing the services of the petitioners in terms of G.O.Ms.1320 MA dated 15.12.1981, G.O.Ms.No.300, MA dated 24.06.1985 read with G.O.Rt.No,1211 MA dated 18.10.1989 and that the petitioners are also entitled for regularization prior to G.O.Ms.No.212 dated 22.04.1994 as they have completed 5 years of service prior to issuance of the above said circular.

f) Vide its order dated 01.03.1996, the A.P. Administrative Tribunal had directed the respondents to consider the claim of regularization. But the respondents had rejected the claim of petitioners on the ground that there were no vacancies and only extended minimum time scale vide proc.No.A1/319/MM/95, dated 30.03.1996

g) The A.P. Administrative Tribunal vide another order dated 18.04.2002 directed the respondents to consider the claim of regularization and the same had not only been confirmed by this court vide orders in W.P. No. 14909 of 2002 dated 10.11.2002 but also by the Supreme Court in SLP (Civil) Appeal No.3567 of 2006 dated 26.04.2011.

h) Petitioners, then sent a notice dated 25.09.2018 to the respondents to regularize petitioners service as per G.O.Ms.1320 MA dated 15.12.1981, G.O.Ms.No.3