COMMON ORDER: (Per Hon’ble Sri Justice Battu Devanand)

Writ Petition No.44902 of 2018 is filed challenging the common order, dated 31.05.2017 in O.A.No.1222 of 2015 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad.

Writ Petition No. 31806 of 2018 is filed challenging the order, dated 20.07.2018 in O.A.No.1431 of 2018 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad.

Writ Petition No. 45705 of 2018 is filed challenging the order, dated 15.11.2018 in O.A.No.2466 of 2018 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad.

As the issue that arises for consideration in all these three cases are inter-related, they are heard and are being disposed of by this Common Order.

2. Submissions of the writ petitioners:

(a) The petitioner in O.A.No.1222 of 2015 has rendered his services as a Work Inspector (Non Technical Assistant/ Technical Assistant) over a period of more than twenty (20) years in the Telugu Ganga Project Division, Allagadda, Kurnool District.

(b) The petitioner in O.A.No.1431 of 2018 has worked as a Typist on NMR basis in the Telugu Ganga Project Division No.II, Mamillapalli, Kadapa. He worked from 28.08.1987 to 30.11.1987. Subsequently, his services were terminated and taken back in the year 1990 and since then, he continued in the said post.

(c) The petitioner Nos.1 to 37 in O.A.No.2466 of 2018 are working as Time Scale Employees appointed in the year 1989 in various cadres on different dates as NMRs and are continuing in services.

(d) Learned counsel for the petitioners contended that they are working in various cadres in the respondent establishment and drawing minimum time scale + D.A attached to the regular post as per G.O.Ms.No.79, I & CAD (Ser.V.2), Department, dated 22.05.2009. In spite of putting more than 10, 20 years of service by the petitioners, the respondents have not considered for regularization of the petitioners on the ground that the petitioner have not completed five (05) years of service by the cut off date 25.11.1993. It is further contended that the respondents have regularized the services of similarly situated persons vide G.O.Ms.No.26, I & CAD (Ser.V) Department, dated 06.02.2001.

3. Submissions of the respondents:

(a) Basing on the counter affidavit, learned counsel for the respondents would submit that the petitioners who were allowed minimum time scale of pay + D.A. as per G.O.Ms.No.79, I&CAD (Ser.V.2) Department, dated 22.05.2009 are not eligible for regularization of their services, since they have not completed five (05) years of service as on 25.11.1993, in terms of G.O.Ms.No.212 F&P Department, dated 22.04.1994.

(b) Learned counsel for the respondent also submit that the petitioners are not entitled for regularization of their services in view of the A.P. Act 2 of 1994, as the Act prohibits regularization of services of daily wage employees and temporary employees appointed and continuing prior to the commencement of the said act and the same was confirmed by the Apex Court vide orders, dated 06.07.2009in Civil Appeal No.3702/2006 and batch. The decisions relied by the learned counsel for the petitioners have no application to the facts and circumstances of the present case.

4. The Andhra Pradesh Administrative Tribunal, after hearing both sides, held that the petitioners are not entitled for regularization of their services and accordingly, dismissed the O.As., filed by the petitioners.

5. On hearing the learned counsel appearing on either sides, this Court gave anxious consideration to the submissions made by the respective counsel and carefully examined the material available on record.

6. Admitted facts:

(i) Admittedly, the petitioners were initially appointed in the year 1987 and 1989 on different dates as NMRs in various cadres and are continued in services. The petitioners were extended minimum time scale along with other workers. The claim of the petitioners has not been considered on the ground that they have not completed five ye