HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 7153 OF 2000 Friday, the Twenty Third day of July, Two Thousand and Ten Between E.G. Vasu Petitioner AND The Executive Officer, Tirumala Tirupathi Devasthanam, Tirupathi, Chittoor District and another Respondentss ORAL ORDER: The order dated 11.10.1999 issued by the first respondent disentitling the petitioner of his seniority from 14.6.1985, on which date he was appointed as Driver, is assailed in this writ petition and a consequential direction is also sought to regularize the services of the petitioner with effect from the initial date of appointment as driver. The petitioner was initially appointed as a Cook on NMR basis in S.V. Guest House Canteen, Tirumala on 5.6.1980 and after undergoing selection process, by proceedings dated 9.9.1985 in Roc. No.TE2/418/DM/85 the petitioner was deputed to work as Driver in the Transport Department of the Devasthanam. He is shown at Sl.No. 16 among 19 personnel in the said list. While so, on the proposals of the Devasthanam, the Government issued GO Ms. No. 815 dated 27.8.1987 approving the proposal and sanctioned 27 posts of Drivers. It is the case of the petitioner that after undergoing selection process and by virtue of the proceedings 9.9.1985, from which date he was deputed to work as Driver, his services ought to have been regularized therefrom instead of with effect from 6.3.1991 by virtue of the proceedings of the first respondent in Roc. No.TL4/22794/90. Heard learned counsel for the petitioner and the learned Standing Counsel for the respondent Devasthanam. It is contended by the learned counsel for the petitioner that inasmuch as the petitioner had undergone regular selection process conducted by the respondents and also in view of creation of 27 posts of drivers in the Devasthanam, the action of the respondents in regularizing the services of the petitioner with effect from 6.3.1991 and depriving the petitioner of his seniority with effect from 9.9.1985, on which date he was deputed to work as Driver, is unsustainable, whereas it is the contention of the learned Standing Counsel for the Devasthanam that since the petitioner was working as a Special Cook on NMR basis, G.O. Ms. No. 815 Revenue (Endts.III) Department dated 27.8.1987 is not applicable to the petitioner and he cannot claim seniority on par with the regular employees, muchless from 1985, in view of the ban imposed. It is not in dispute that the petitioner had undergone selection process for the post of driver and he was deputed to work as such with effect from 9.9.1985 and his name is shown as Sl. No. 16 in the proceedings Roc. No. TE2/418/DM/85. Thereafter, on the proposal by the respondents, 27 posts of Drivers were created by virtue of GO Ms. No. 815 Revenue (Endt.III) Department dated 27.8.1987. By proceedings dated 6.3.1991, persons enlisted therein, were appointed as Drivers with effect from 6.3.1991 and the petitioner’s name is shown at 18th vacancy. Evidently, the respondents have not acted for four years from the date of issuance of the said G.O. even though the petitioner was working as Driver right from 9.9.85. It is nobody’s case that the petitioner has incurred any disqualification or rendered unfit to be appointed as Driver or to work as such. Therefore, even if it is accepted that there was ban on the recruitment, as sought to be contended by the learned Standing Counsel for the respondents, the services petitioner ought to have been regularized atleast with effect from 27.8.1987 on which date GO Ms. No. 815 was issued if not from 9.9.1985, on which date he was deputed to work as Driver. Under the above circumstances, it has to be observed that the petitioner is entitled to the benefits under GO Ms. No. 815 Revenue (Endts.III) Department dated 27.8.1987. Consequently, the writ petition is partly allowed holding that the petitioner is entitled to the regularization of his services as Driver from the date of issuance of the said G.O. i.e., 27.8.1987. No order as to costs. ________________________ Justice T. Meena Kumari September 30, 2010 MAS