HON’BLE SRI JUSTICE GHULAM MOHAMMED W.P.No.2164 of 2000 O R D E R: This Writ Petition is filed questioning the order of the 2nd respondent in Memo No. 4793/5-2/94 dt.22.11.97 in rejecting petitioner’s request for regularisation of her services and for transfer to Animal Husbandry Department as Attender from the date of her appointment as contingent employee in the Corporation, as illegal and violative of principles of natural justice. The petitioner’s husband Late Sri K.krishnama Niadu was working as an Attender of A.P.State Meat and Poultry Development Corporation. He met with an electrical accident while on duty at poultry marketing sub- centre, Tirupati on 17.07.1992. The petitioner made an application dt.05.08.1992 for appointment on compassionate grounds, but the 2nd respondent vide its proc.No.3740/E2/92, d.8.4.1993 passed orders appointing the petitioner as an Attender and posted at Regional Poultry Farm, Chitoor. On completion of five years of service, the Superintendent of Regional Poultry Farm, Chittoor vide proc.D.Dis.No.71/98 dt.02.06.1998 passed orders fixing remuneration of Rs.740 per month w.e.f 22.4.1998 with usual allowances submissive as per rules issued by the Government. The Government vide G.O.Ms.No. 178, dt.05.11.1994 decided to absorb 19 Veterinary Compounders and 110 Class IV employers working in the Corporation into the Animal Husbandry Department. The Director of Animal Husbandry, Hyderabad vide proceedings No.34199/87v/36/94 dt.20.12.1994 issued orders filling up the vacant posts of Attenders in Animal Husbandry Department with surplus class IV Employees working in the 2nd respondent Corporation. Since the petitioner’s husband also was appointed as an Attender in the Animal Husbandry Department and subsequently absorbed in the 2nd respondent Corporation, the petitioner made a representation dt.5.5.1997 requesting the respondents to transfer him to the Animal Husbandry Department and to regularise her services. Thereafter, the petitioner made several oral requests, but the 2nd Respondent vide the impugned Memo, dt.22.11.1997 rejected her request on the ground that her husband was only a contingent Attender in the Animal Husbandry Department, but not a regular employee. The Government issued G.O.Ms.No. 212, dt.24.12.1999 permitting regularisation of the service of all the persons who have completed 5 years of service. Since the petitioner has completed more than 5 years of service he is eligible for regularisation of service in view of the said G.O. The 1st respondent has filed a counter stating that the husband of petitioner was expired while in service in the Department of Andhra Pradesh State Meat and Poultry Development Corporation on 17.7.1992. Subsequently, at the request of the petitioner she was appointed by the Corporation as “Contingent Attendant”, vide proceedings No.3740/E2/92, dated 08.04.1993. On the request of the Corporation, the Government vide letter No.562/Dairy.I/95-8, dated 30.12.1995 have issued orders permitting the Corporation to implement he G.O.Ms.No.344, (Finance Wing.PC.III) Department, dated 13.11.1989 in respect of all contingent employees of the Corporation, who have completed 5 years of service. The above G.O. is applicable to the contingent employees, who have been working for more than 5 years, but could not be converted into last grade service and they shall be paid a remuneration of Rs.740/- per month with other usual allowances. Accordingly, she was paid a remuneration of Rs.740/- per month with other allowances. It is further submitted that vide G.O.Ms.No.178, Animal Husbandry and Fisheries (Dairy-I) Department, dated 15.11.1994, the Government have taken back those employees of the A.P.State Meat and Poultry Development Corporation, who were regular employees of Government, prior to the formation of said Corporation. No contingent worker of the Corporation was absorbed in the said Department. The said G.O. is not applicable to the petitioner. It is submitted that Act 14 of 1997 prohibits the absorption of even the regular employees of Government undertakings into Government Departments. The petitioners’ services could not be regularised as per G.O.Ms.No.212, Finance and Planning (Finance Wing.PC.III) Department, dated 22.4.1994 even in the Corporation due to certain terms and conditions stipulated for such regularisation. Amongst other terms and conditions stipulated in the G.O.Ms.No.212, Finance and Planning (FW.PC.III) Department dated 22.4.1994 one of the condition was that, absorption shall be against clear vacancies of posts considered necessary to be continued as per work load, which are not existing in the Corporation. Due to lack of vacancies, most of the services of workers, who were working in the Corporation since 1978 onwards, could not be regularised and they were discharged from the Corporation, under Industrial Disputes Act under the programme of ‘restructure’. Heard both sides. It is contended on behalf of the petitioner that the husband of the petitioner expired while in service. On the death of her husband, the petitioner was appointed as an Attender on contingent basis. The Director of Animal Husbandry vide its proceedings dated 20.12.1994 issued orders filling up the vacant posts of Attenders in the Department with the surplus staff of Class-IV employees of the A.P.State Meat and Poultry Development Corporation, Hyderabad. In view of the said proceedings, the petitioner is also eligible for regularisation and transfer to the Animal Husbandry Department. It is contended on behalf of the respondents that the petitioner is not entitled and eligible for regularisation and for transfer to the Animal Husbandry Department in view of the letter of the Government No.562/Dairy.I/95-8 dated 30.12.1995 whereunder the Corporation was permitted to implement G.O.Ms.No.344, Finance and Planning (Finance Wing.PC.III) Department, dated 13.11.1989 in respect of all the contingent employees of the Corporation who have completed 5 years of service. The said G.O. is applicable to the contingent employees who have working for more than 5 years but could not be converted into last grade service and they shall be paid only remuneration of Rs.740/- per month with other usual allowances. Accordingly, the petitioner was paid remuneration of Rs.740/- per month with other allowances. It is further contended on behalf of the respondent that the Government vide its G.O.Ms.No.178, Animal Husbandry and Fisheries (Dairy-I) Department, dated 05.11.1994 had taken back those employees of the A.P.State Meat and Poultry Development Corporation who were regular employees of the Government prior to the formation of the said Corporation. No contingent worker of the Corporation was absorbed in the Department. Act 14 of 1997 prohibits the absorption of even the regular employees of the Government Corporations closed or likely to be closed, sick or likely to be sick, in Government Departments. In view of the terms and conditions stipulated in G.O.Ms.No.212, Finance and Planning (Finance Wing.PC.III) Department, dated 22.4.1994 the petitioner is not entitled for absorption, as Act 14 of 1997 prohibits regularisation of the services of contingent Attenders. Since the petitioner was not appointed on a clear vacancy she is not entitled for regularisation. Therefore, I see no reasons to interfere with the impugned order passed by the 2nd respondent and the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. ___________________ GHULAM MOHAMMED,J 25th November, 2010. PNV