THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G. CHANDRAIAH W.A.No.526 of 2011 JUDGMENT (Per Sri Justice Ghulam Mohammed) The petitioners filed this appeal aggrieved by the order dated 02.11.2010, passed in W.P.No.359 of 2007, whereunder they were directed to regularize the services of the respondents herein with effect from the date of their initial appointment but the respondents are denied arrears of monetary benefits arising from the retrospective regularization. 2. The learned Single Judge of this Court in the order impugned has considered the contentions of the parties and observed that as the respondents were appointed on contact basis in duly sanctioned posts and are working since ten years free from the protection of Court orders, they are entitled to be regularized in service as per the directions of the Hon’ble Supreme Court in SECRETARY, STATE OF KARNATAKA v. UMADEVI[1]. 3. Heard the learned Government Pleader for Social Welfare appearing on behalf of the petitioners and the learned counsel for the respondents. 4 . Learned Government Pleader for Social Welfare appearing for the petitioners submitted that as per Rule 4 of the Andhra Pradesh Study Circle for Backward Classes Rules, 1994 (for short ‘the Rules’), the Managing Committee of the Study Circle was authorized to recruit the candidates and fill up the posts sanctioned by the Government either by direct recruitment through employment exchange or by promotion or by deputation from any Department of the Government of Andhra Pradesh. He contended that as the respondents were not recruited under any of such methods, their services could not be regularized and that in para 53 of the judgment cited 1 supra, the Hon’ble Supreme Court directed the authorities concerned to take steps for regularization, but not directed for regularization. He further contended that though the respondents have completed 10 years of service, G.O.Ms.No.212 dated 22.04.1994, is not applicable to them as they have not completed five years of service as on 25.11.1993. 5 . We find some force in the contentions of the learned Government Pleader. The Supreme Court in the judgment cited 1 supra, directed the Union of India, the State Governments and their instrumentalities, as a one time measure, to take steps for regularization of the services of irregular appointees, who have worked for 10 years or more in duly sanctioned posts, without covered by the orders of the Courts or the Tribunals. A perusal of the said judgment indicates that a direction should only be given to the petitioners to take steps for regularization of the services of the respondents instead of directing them straightaway to regularize their services as was done by the learned Single Judge of this Court by the order impugned. 6. Having regard to the facts and circumstances of the case and as per the directions issued by the Apex Court in the judgment cited 1 supra, we modify the order impugned to the effect that the petitioners shall examine and consider the cases of the respondents and take steps for regularization of their services in accordance with the said judgment. 7. With the above directions, the Writ Appeal is disposed of. No costs. ______________________ GHULAM MOHAMMED, J _________________ G. CHANDRAIAH, J Date:18.07.2011 sj [1] (2006) 4 SCC 1