THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE SANJAY KUMAR W.P.No.24685 of 2009 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking a writ of certiorari to quash the order dated 03.03.2009 passed in O.A.No.5816 of 1999 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The brief facts of the case are as follows: The 3rd and 4th respondents herein were appointed as Fulltime contingent employees on 01.06.1988 and 01.09.1988 respectively in the petitioner-Industrial Tribunal-cum-Labour Court, Warangal. It is stated that in spite of issuance of several G.Os by the Government to convert the services of Fulltime contingent employees into last grade services, and several representations made by the 3rd and 4th respondents for regularization of their services in the last grade posts, the petitioner and respondents 1 and 2 have rejected the same. Hence, they filed O.A.No.5816 of 1999 seeking regularization of their services in the last grade posts and the same was allowed, directing the respondents to convert the posts of the petitioners into last grade service posts with effect from 25.11.1993 by extending the scale of pay of Last Grade Services with all consequential benefits, within three months from the date of receipt of a copy of that order. Aggrieved by the same, the petitioner filed the present writ petition. 3. The 3rd and 4th respondents filed counter stating that as they possessed all the required conditions laid down in G.O.Ms.No.212 dated 22.04.1994, they are entitled for regularization in the last grade posts, as directed by the Tribunal by its impugned order. 4. Heard both sides and perused the material on record. 5. Learned counsel for the petitioner vehemently contended that as per G.O.Ms.No.212, dated 22.04.1994, the absorption or regularization of services of Fulltime contingent employees shall be against a clear vacancy and that there are no clear vacancies in the last grade services. He further contended that the Tribunal erred in directing the authorities to covert the posts of 3rd and 4th respondents into last grade services retrospectively from 25.11.1993. 6. Learned counsel for the 3rd and 4th respondents reiterated the counter averments and contended that though the Government sanctioned posts in the year 1985 itself, the petitioner failed to absorb these respondents into last grade services. He further contended that since 3rd and 4th respondents have possessed all the requisite qualifications as required under G.O.Ms.No.212, dated 22.04.1994, and also keeping in view the observations made in O.A.No.6932 of 1999 and batch dated 23.02.2001, the Tribunal has rightly allowed the O.A., which needs no interference by this Court. 7. The 3rd and 4th respondents were appointed as Fulltime contingent employees in the office of the petitioner with effect from 01.06.1988 and 01.09.1988 respectively. The Government issued G.O.Ms.No.212, dated 22.04.1994, formulating a scheme for regularization and absorption of the services of daily wage and temporary services of the employees, who worked continuously for a period of 5 years and are continuing as on 25.11.1993, by the appointing authority subject to fulfillment of conditions mentioned therein and ordered that before orders are issued for such regularization or absorption, the concerned authority shall obtain the clearance of the Government. The Government also issued G.O (P) No.112 dated 23.07.1997 for regularization and absorption of Fulltime contingent employees. Consequent upon the said G.Os., the Government also issued a circular memo dated 10.09.1997 for conversion of Fulltime contingent employees into Last Grade posts. In the said memo, it was held as under: “Consequent on issue of Act 2 of 1994, the Government have formulated a scheme in the reference 5th cited for regularization of services of irregularly appointed people, who had worked continuously for a minimum service of 5 years and are continuing as on 25.11.1993, subject to fulfillment of certain conditions stipulated therein. Orders were also issued in G.O.5th cited formulating the scheme for regularization of part-time employees also, subject to fulfillment of certain conditions stipulated therein. These two G.Os are also applicable to full-time contingent employees as consequent to issue of the above orders, all previous orders issued on the subject stand cancelled as contemplated under the said order. Hence, all Secretariat Departments/Heads of Departments are therefore, requested to process the cases relating to regularization of full time contingent employees in terms of G.O.Ms.No.212 dated 22.04.1994”. In view of the above, it can be inferred that the 3rd and 4th respondents are entitled for regularization of Fulltime contingent employees in terms of G.O.Ms.No.212 dated 22.04.1994, but not as directed by the Tribunal. Therefore, we are of the opinion that the Tribunal has committed error in directing conversion of posts of 3rd and 4th respondents into Last Grade Service Posts with effect from 25.11.1993 by extending the scale of pay of Last Grade Services with all consequential benefits. 8. Hence, we deem it appropriate to modify the order impugned by directing the petitioner and respondents 1 and 2 to consider the case of the 3rd and 4th respondents for regularization of Fulltime contingent employees in accordance with the scheme formulated by the Government in terms of G.O.Ms.No.212, dated 22.04.1994. 9. With the above direction, the writ petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:15.02.2010 sj