THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13772 OF 2008 DATED 8TH NOVEMBER, 2010 BETWEEN Syed Murtuza Quadri …Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad, and others. ….Respondents. THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13772 OF 2008 O R D E R The petitioner, an Attender in A.K.M. Oriental Aided College, Kachiguda, Hyderabad, assails the proceedings dated 09.01.2008 issued by the Government of Andhra Pradesh rejecting his request for regularization of services as per G.O.Ms.No.212, Finance and Planning (FW.PC.III) Department, dated 22.04.1994. He seeks a declaration that he is eligible and entitled to such regularization and a consequential direction to the respondents to effect such regularization on par with others. The petitioner was appointed as a full time Attender against an aided vacant post in A.K.M. Oriental Aided College, Kachiguda, Hyderabad, on 15.06.1988. Consequent to the interim order passed by this Court in W.P.No.25090 of 2007 directing the respondents to consider the petitioner’s case under G.O.Ms.No.212 dated 22.04.1994, the impugned proceedings dated 09.01.2008 came to be passed. Relevant to note, it is not the case of the respondents that the petitioner does not fulfil the requirements stipulated in the said G.O. The only ground for rejection of his case is that the said G.O. would be inapplicable to him as he was a contingent employee. The recital in the impugned proceedings to the effect that he worked in an unaided post is incorrect in as much as the communication dated 17.09.2004 addressed by the Director of Collegiate Education, Andhra Pradesh, to the Government also reflects that he was appointed against an aided vacant post. G.O.Ms.No.212 dated 22.04.1994 being a welfare measure initiated by the State to regularize the services of NMR/daily wage employees, the stand adopted by the Government in the impugned proceedings that it has no application to the case of the petitioner is retrograde. The understanding of the Government of Andhra Pradesh that G.O.Ms.No.212 dated 22.04.1994 is inapplicable to contingent staff is not correct. The amendment of Section 7 of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994, providing for regularization of all those who completed five years service in accordance with the scheme formulated in G.O.Ms.No.212 dated 22.04.1994, speaks of employees in the categories of daily wage/ NMR/consolidated pay/contingent worker on full time basis. Therefore, the exclusion of contingent workers from the ambit of G.O.Ms.No.212 dated 22.04.1994 as is borne out by the impugned proceedings cannot be countenanced. This aspect was also considered by the Supreme Court in A.MANJULA BHASHINI V/s. THE MANAGING DIRECTOR, A.P. WOMEN’S CO- OPERATIVE FINANCE CORPORATION LIMITED[1]. In the light of the law laid down by the Supreme Court therein, once the employee, be he a NMR/daily wage/consolidated pay/contingent worker, completed five years of service and was continuing in service as on 25.11.1993, he would be within the zone of eligibility for regularization of his services. The impugned proceedings reflect that no other ineligibility was identified in the petitioner in so far as G.O.Ms.No.212 dated 22.04.1994 is concerned. He would therefore be entitled to consideration of his case in accordance with the said G.O. irrespective of whether he was a daily wage employee or a contingent worker. In DISTRICT COLLECTOR/CHAIRMAN v. M.L.SINGH[2], the Supreme Court while clarifying that an employee to avail the benefit of G.O.Ms.No.212 dated 22.04.1994 has to satisfy all the conditions laid down therein upheld the direction of the High Court that such employee should be regularized as per the said G.O. with effect from the date he completes five years of continuous service. As the petitioner herein completed the requisite five years before the cut off date 25.11.1993, he would be entitled, as per the law laid down in A.MANJULA BHASHINI, to seek regularization of his service under the said G.O. In the light of the Supreme Court’s observations in M.L.SINGH, he would be entitled to regularization under the said G.O. with effect from the date that he completed the requisite five years in service. The impugned proceedings dated 09.01.2008 are accordingly set aside. The respondents are directed to reconsider the case of the petitioner and regularize his services under G.O.Ms.No.212 dated 22.04.1994 in terms of the observations made supra. This exercise shall be completed within two (2) months from the date of receipt of a copy of this order. The Writ Petition is accordingly allowed. No order as to costs. -------------------------- SANJAY KUMAR,J 8TH NOVEMBER, 2010 PGS [1] (2009) 8 SCC 431 [2] (2009) 8 SCC 480