THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.5711 of 2001 DATED:25.11.2010 BETWEEN: B.SUBRAMANYA PRASAD & OTHERS. …PETITIONERS. AND: THE REGISTRAR, S.V. UNIVERSITY & ANOTHER …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.5711 of 2001 ORDER: - This writ petition is filed by the petitioners seeking for a writ of mandamus declaring the action of the respondents in not regularising the services of the petitioners and not paying the time scales of pay to them as arbitrary, illegal, unconstitutional and violative of Articles 14 and 21 of the Constitution of India and consequently, to direct the respondents to regularize the services of the petitioners and to pay minimum time scale of pay with all attendant benefits. The case of the petitioners as stated in the affidavit is that they are working in the respondent University for more than six years and they are working only on consolidated pay. They are entitled for the minimum time scale of pay. Though they were issued appointment orders for 89 days only but they worked for 90 days. They have completed 240 days in a year and therefore, they are entitled for regularization of their services. On behalf of the respondents, a counter-affidavit has been filed stating that the University never appointed the petitioners to any posts sanctioned by the Government and that the University is hiring the services of some competent persons on daily wage basis to cope up with the heavy workload. The petitioners were paid their wages on the basis of contract labour rates fixed by the Labour Commissioner, Government of A.P., from time to time and the petitioners have not been appointed by following any due process of law. It is also stated that in view of the introduction of Act 2 of 1994, the petitioners are not entitled for regularization of their services. While praying for the main prayer seeking regularisation of their services, the petitioners also filed WPMP No.7289 of 2001 seeking for a direction to the respondents to pay minimum time scales of pay to them by continuing them in service pending disposal of the writ petition. This Court by order dated 30.3.2001, granted interim direction as prayed for. Thereafter, on behalf of the respondent-University, WVMP No.1445 of 2002 was filed seeking to vacate the interim order granted by this Court. On 27.6.2001, this Court passed an order modifying the interim order already granted, as under: “The petitioners shall be continued in service with the remuneration that was being drawn by them before passing of the interim orders on 3.3.2001. WVMP is ordered accordingly.” The case of the petitioners is that they are admittedly employees on daily wage basis for a period of 89 days and they are working for the last six years. Therefore, their claim is that they are entitled for regularization of services and pending regularization, they are entitled for minimum time scale of pay attached to the post. On the other hand, as per the averments made in the counter affidavit, the petitioners were not appointed in the respondent-University by following due process of law. Due to the exigency of the work, their services were taken on daily wage basis as fixed by the Government in respect of the workers viz., skilled, semi skilled and unskilled and therefore, they are not entitled for regularisation of their services. Having regard to the fact that the petitioners are admittedly working in the respondent-University for the last 6 years in respect of the work attached to the post and they are being continued as such pursuant to the interim orders of this Court, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to consider the case of the petitioners keeping in view the appropriate Rules and Regulations. Accordingly, this writ petition is disposed of directing the respondents- authorities to consider the case of the petitioners in accordance with the Rules and Regulations and pass appropriate orders on the regularisation of their services and communicate the same to the petitioners within a period of two (2) months from the date of receipt of a copy of this order. __________________ G. CHANDRAIAH, J Date:25.11.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.5711 of 2001 DATED:25.11.2010