ORDER:

(Per Hon(cid:146)ble Sri Justice Abhinand Kumar Shavili)

This Writ Petition is filed by the petitioners under Article

226 of the Constitution of India seeking a Writ of Certiorari by calling for the records relating to and connected with the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.7983 of 2011, dated 14.05.2014, and consequently to quash or set aside the same.

2. Heard the learned Government Pleader for Services-I, for the petitioners.

3. Learned Government Pleader for Services-I, appearing for the petitioners, contended that the 1st respondent was engaged with the petitioners as (cid:145)Part-Time Sweeper(cid:146) on daily-wage basis on 16.12.1974, and after completing ten years of service, the 1st respondent was appointed as (cid:145)Full-Time Contingent Sweeper(cid:146) w.e.f. 01.03.1985; being dissatisfied, the 1st respondent approached the Tribunal by filing O.A.No.606 of 1997, seeking regularization of her services in terms of G.O.Ms.No.212, dated 22.04.1994 and G.O.Ms.No.330, dated 24.09.1994; vide order dated 03.04.1997, the Tribunal was pleased to dispose of the O.A. by directing the petitioners to consider the case of 1st respondent for regularization of her services in terms of the above G.O.s; when the case of 1st respondent was not considered by the petitioners, the 1st respondent again filed O.A.No.6599 of 1997 before the Tribunal; vide order dated 04.09.1998, the Tribunal was pleased to dispose of the O.A. by directing the petitioners to regularize the services of 1st respondent without insisting for minimum qualification; despite the said order, the petitioners have rejected the case of the 1st respondent vide Memo No.PJP/997, dated 07.01.1999, on the ground that the 1st respondent was not having 7th Class pass certificate; aggrieved by the same, the 1st respondent has once again filed O.A.No.2488 of 1999, challenging the rejection order vide Memo dated 07.01.1999; vide order dated 23.02.2001, the Tribunal was pleased to dispose of the O.A. by directing the petitioners to consider the case of 1st respondent for regularization of her services in terms of G.O.P.No.112, dated 23.07.1997; thereafter, the 5th petitioner has passed order dated 29.04.2010, regularizing the services of 1st respondent with a finding that the 1st respondent has completed five (5) years of service in the Full-Time Contingent Sweeper and the 1st respondent was placed in the pay-scale of Rs.3850/- to 8600/- with usual allowances and pay; thereafter, it has come to the notice of the 5th petitioner-Superintending Engineer that the services of 1st respondent were erroneously regularized, though the 1st respondent has not completed five (5) years of service, and as a consequence, the 4th petitioner cancelled the regularization order passed by the 5th petitioner, vide proceedings dated 30.04.2010; aggrieved by the said cancellation of regularization order, the 1st respondent again approached the Tribunal by filing O.A.No.7983 of 2011; vide order dated 14.05.2014, the Tribunal allowed the O.A. by setting aside the cancellation order dated 30.04.2010 and upheld the proceedings dated 29.04.2010, wherein the services of 1st respondent were regularized.

4. Learned counsel for the petitioners has further contended that by the time the Tribunal passed orders in O.A.No.7983 of 2011, the 1st respondent had retired from service, and the Tribunal had directed the petitioners to implement the proceedings dated 29.04.2010 and fix the pension and pensionary benefits and also to pay arrears of pension, if any, due to the 1st respondent within a period of three (03) months from the date of receipt of copy of the order, without appreciating any of the contentions raised by the petitioners; admittedly, the 1st respondent was not having the requisite qualification for regularization of her services as (cid:145)Full-Time Contingent Sweeper(cid:146) though the 1st respondent had completed the requisite length of service; t