ORDER :

1. Heard learned counsel for the petitioner and learned standing counsel for TSNPDCL.

2. This writ petition is filed to issue an appropriate writ order or direction more particularly in the nature of Mandamus declaring the order vide Memo No. DEE/OP/WGL/JAO/Adm/SAI/D.No. 1752, dated 06.01.2014 of the 3rd respondent as illegal, arbitrary, unjust and violative of principles of natural justice and to direct the respondents to regularize the service of the petitioner in a suitable post by granting regular scale of pay attached to the said post.

3. The case of the petitioner, in brief, is as follows:

(a) The petitioner is appointed as job Clerk on 01.04.1991 in the office of the 3rd respondent on daily wage basis and his services were utilized for the duties of Attender, Record Keeper and also to Assist the Junior Account Officer.

(b) While the petitioner was working as job clerk, his services were terminated by oral order dated 01.09.1992 and the same was carried before the Industrial Tribunal-cum-Labour Court, Warangal vide I.D.No. 81 of 1994 and the said I.D. was allowed on 12.07.1999 setting aside the termination order and the respondents were directed to reinstate the petitioner in to service as a “fresh recruit” casual attender not below the cadre of attender, without back wages, but directed to consider the seniority.

(c) Without implementing the award dated 12.07.1999, the respondents filed W.P.No. 10685 of 2000 and the same was dismissed on 22.06.2000. Thereafter, the petitioner was reinstated into service by proceedings Memo No. DEE/OP/NPDCL/WGL/JAO/ADM/ D/No. 1562, dated 08.11.2000 as helping assistant in the office of the 2nd respondent.

(d) Again the petitioner was terminated by proceedings dated 23.04.2001 as his services are no more required. Questioning the said proceedings, the petitioner filed W.P.No. 8712 of 2001 before this Court and while admitting the said writ petition, order of status quo was granted and the same was extended from time to time and the said order of status quo was made absolute on 08.04.2003. The said writ petition was disposed of on 15.02.2012 setting aside the termination order dated 23.04.2001 and liberty is given to make application for regularization of services and directed the respondents to consider the said application in accordance to rules.

(e) When the petitioner made representation on 18.04.2012 to the 1st and 2nd respondents, they passed order in Memo No. DEE/OP/WGL/JAO/Adm/SA1/D.No. 1752, dated 06.01.2014 stating regularization of service in the above non cadre post is not maintainable as per existing rules and the scheme of regularization. Hence, this writ petition.

4. The counter affidavit of the respondents, in brief, is as follows:

(a) After considering the representation dated 18.04.2012 of the petitioner it is observed that the petitioner has no right for his continuance of his service since his clerical Assistant job norms in the respondent company will not ensure him any right to claim for regularization of his service.

(b) On examining the past service of the petitioner, the respondents held that in terms of B.P.(P&G-per) Ms.No. 36, dated 18.05.1997 the petitioner’s case for regularization cannot be considered since the said Board proceedings are not applicable for considering the petitioner’s case for appointment on regular basis and speaking orders have been issued to the petitioner vide memo No. DEE)(opn)/WGl/JAO/Adm/SA.1/D.No. 1752, dated 06.01.2014 narrating the cause for not continuing the petitioner in service.

(c) The petitioner was re-instated as casual helping assistant as per the Court orders only, even though such type of posts are not existing and paying the above amounts to the petitioner, as such the petitioner is not entitled for the relief as claimed for. Hence, the writ petition is liable to be dismissed.

5. The reply affidavit of the petitioner, in br