THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WP Nos.2245 of 2005 and 1615 of 2006 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WP Nos.2245 of 2005 and 1615 of 2006 Common order : ( per Sri GM, J ) Against the orders passed in O.A.No.8692 of 2001 by the Tribunal, insofar as denial of relief of regularization of services from 19.9.1996 onwards on par with unofficial respondent, the applicant preferred Writ Petition No.2245 of 2005; and the Government filed Writ Petition No.1615 of 2006 insfoar as ordering for payment of minimum time scale pursuant to the directions of the 3rd respondent dated 21-6-2001. Since in both the Writ Petitions, one filed by the applicant and another by the Government, the orders passed by the Tribunal in O.A.No.8692 of 2001 are in challenge, they are disposed of by this Common Order. For the purpose of convenience the parties shall be referred to as arrayed before the Tribunal. The applicant, writ petitioner in Writ Petition No.2245 of 2005,worked as part time Lecturer in Commerce( General) from 17-7-1986 to 31-3-1988 at Government Junior College, Yerragundapalem in general stream. After six months break from 6.8.1988 till regularization of his services he continued in the 4th respondent college. It is represented by the learned Government Pleader that the applicant on earlier occasions filed the O.As before the Tribunal; and that pertinently in O.A.No.7516 of 1998, filed by the applicant inter alia challenging the orders of the Government dated 7.9.1998 rejecting his request for regularization of services, the applicant obtained interim orders from the Tribunal to continue him as Part Time Junior lecturer. The Tribunal ultimately dismissed the said O.A. by its orders dated 18.8.1999 along with MA No.3934 of 1998 with a direction to the official respondents to pass appropriate orders with regard to regularization of services keeping in view of guidelines specified by the Tribunal in judgment dated 3.7.1998 in O.A.No.6199 of 1996 and batch. Aggrieved by the orders passed by the Tribunal in the said O.A. the applicant preferred Writ Petition No.24051 of 1999 before this Court. In the meanwhile the proposals for regularization of the services in respect of part time Junior Lecturers working in the Vocational courses including the applicant were submitted to the Government even though his request for regularization of services was rejected by the Government. Basing on the proposals submitted by the Commissioner of Intermediate Education, Andhra Pradesh, Hyderabad the Government issued orders in G.O.Ms.No.170 dated 5.12.2000 regularizing the services of the 35 part time Vocational Junior Lecturers working in the Government Junior Colleges with effect from the date of issue of the orders including the services of the applicant. The applicant thereafter withdrawn the W.P.No.24051 of 1999 vide orders of this Court dated 15-6-2001 in W.P.No.24051 of 1999. After regularization of the services of the applicant with prospective effect i.e. 5.12.2000 the applicant filed O.A.No.8692 of 2001 challenging the action of the respondents in not regularizing his services with effect from 10.9.1996 in spite of unofficial respondent therein being junior to him as illegal, arbitrary and consequently sought direction to notionally regularize the services as Junior Lecturer in Commerce ( Vocational) with effect from 10.9.1996 with all consequential benefits. The Tribunal rejected the claim of the applicant insofar s regularization of services with effect from 10-9-1996 but partly allowed the O.A. by directing payment of minimum pay scale as ordered by the 3rd respondent in proceedings dated 21-6-2001. Learned counsel for the applicant reiterating the contentions that were advanced before the Tribunal vehemently contends that the applicant worked as Part time lecturer in Commerce from 17- 7-1986 to 31-3-1988 and after 6 months break from 6.8.1988 till regularization of service he continued in the service and that his services were regularized vide G.O.Ms.No.170 dated 5.12.2000. It is the case of the applicant that the unofficial respondent was appointed in the year 1985 and continued till 1991 and after one year break he was again appointed as Part time lecturer in June 1992 and continued till 30.9.1996 and that his services were regularized with effect from 10.9.1996 and therefore the Tribunal ought to have allowed O.A. and ordered for regularization of service from 1996. Having heard the learned counsel on either side, it is seen that the Tribunal, on adjudication of the matter, rightly held that though there was gap of one year break to the unofficial respondent and 6 months to the applicant, the order regularizing the services of unofficial respondent was effected from 1996 and thus after a lapse of 5 years, the applicant cannot re-agitate the issue and therefore rejected the claim for regularization from 1996 onwards. Therefore, the claim of the applicant that he is eligible for regularization on par with unofficial respondent-I Ramesh and Ranga Pullaiah vide G.O.Rt.No.225 dated 30-10-1996 does not merit consideration. Consequently, it follows that insofar as direction of the Tribunal for payment of minimum time scale is concerned, the same needs to be modified and it is ordered that the applicant is entitled for minimum time scale from the date of his regularization in accordance with rules. Subject to above directions, W.P.No.2245 of 2005 preferred by the applicant is dismissed and W.P.No.1615 of 2006 filed by the Government is disposed of. No costs. _____ GM, J _____ GC, J Kk/23-8-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WP Nos.2245 of 2005 and 1615 of 2006 23-8-2010