HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.28901 OF 2023

ORDER:

Heard Sri. J.R. Manohar, learned counsel appearing

on behalf of the petitioner, learned Assistant Government Pleader for Education Department, appearing on behalf of the respondent Nos.1 and 3, learned Assistant Government Pleader for Finance and Planning, appearing on behalf of the respondent No.2, Sri K.K. Mahender Reddy Peri Prabhakar, learned standing counsel appearing

on behalf of the respondent No.4.

2. The petitioner approached the Court seeking prayer

as under:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo No.C2/23747/2017-23 (Vol.III) dt.17.8.2023 issued by the 4^th respondent herein as illegal, bad and arbitrary and consequently set-aside the same and further direct the respondents herein to regularize the services of the petitioner in terms of G.O.Ms.No.212 dt. 22.4.1994 with effect from the date when the petitioner completed 5 years of service with all consequential benefits such as seniority, arrears of pay, promotion to the next higher post etc., and

also award exemplary costs and pass...”.

3. The case of the petitioner in brief, is that the petitioner was initially appointed as Attender on daily wage basis on 11.01.1988 and that the services of the petitioner were not regularized even though petitioner completed five years of service before 25.11.1993. The petitioner’s further case is that the Government has issued G.O.Rt. No.213, dated 12.03.2001 regularizing the services in terms of G.Ms.No.212, dated 22.4.1994 with prospective effect. The petitioner on an earlier occasion filed W.P. No. 6227 of 2022 and this Court disposed of the same on 13.12.2022 directing the petitioner to submit a representation seeking regularization retrospectively. On 23.01.2023 the petitioner submitted a representation and the respondent No.4 issued a memo dated 16.05.2023 rejecting his representation without any reasons. Aggrieved by the Memo dated 17.08.2023 issued by the 4^th respondent, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD:-

(A) Relevant portion of the G.O.Ms.No.212, dated

22.04.1994 issued by the Government of Andhra Pradesh is extracted hereunder:-

“…The Hon'ble Supreme Court in its Judgement dated

12.08.1992 in Civil Appeal No. 2979/92 and batch have also observed to evolve an appropriate policy for regularisation. Accordingly, government after careful examination of the whole issue and in supersession of all previous orders on the subject including G.O.Ms.No.193, General Administration Department, dated. 14.03.1990 and keeping in view the above judgement of Supreme Court of India, have formulated a scheme for regularisation of services of the persons appointed on Daily wage/ NMR or on consolidated pay and are continuing on the date of commencement of the Act. Government accordingly decided that the services of such persons who worked continuously for a minimum period 5 years and are continuing on 25.11.1993 be regularised by the appointing authorities subject to fulfillment of the following conditions

1) The persons appointed should possess the qualifications prescribed as per rules In force as on the date from which his/her services have to be regularised.

2) They should be within the age limits as on the date of appointment as NMR/Dally wage employee.

3) The rule of reservation wherever applicable will be followed and backing will be set- off against future vacancies.

4) Sponsoring of candidates from Employment Exchange is relaxed.

5) Absorption shall be against clear vacancies of posts considered necessary to be continued as per work load excluding the vacancies already notified to the Andhra Pradesh Public Service Commission / District Selection Committee.

6) In the case of work charged establishment, where there will be no clear vacancies, because of the fact that the expenditure on work charged is at a fixed percentage of P.S charges and as s