IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 15476 of 2004 Between: 1 The Govt.of A.P.rep.by its Prl.Secretary to Govt., Finance & Planning Department, A.P.Secretariat,Hyd. 2 The Director of Treasuries and Accounts, A.P., Hyderabad. 3 The Dist.Treasury officer, Cuddapah Dist. ..... PETITIONER(S) AND 1 V.V.Ramana Rao, Sr.Accountant, Dist.Treasury, Kadapa. 2 S.Ravi Sekhar, Sr.Accountant, Sub Treasury, Rayachoty. 3 B.N.Vijaya Kumar, Sr.Accountant, Dist. Treasury, Kadapa. 4 K.Chinna Erukalaiah, Sr.Accountant, Dist. Treasury, Kadapa. 5 E.Subbarayudu, Sr.Accountant, Sub Treasury, Rajampet. 6 G.Ravi Kumar, Sr.Accountant, Dist.Treasury, Kadapa. 7 C.Mahabub Saheb, Sr.Accountant, Dist. Treasury, Kadapa. 8 P.Damodar Raju, Sr.Accountant, Dist. Treasury, Kadapa. 9 D.Murali Krishna, Sr.Accountant, Dist.Treasury, Kadapa. 10 G.Obaiah, Sr.Accountant, Sub Treasury, Sidhout. 11 D.Sundara Rao, Sr.Accountant, Sub Treasury, L.R.Palli. 12 M.Pullaiah, Sr.Accountant, Sub Treasury, Pulivendula. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or a writ particular one in the nature of writ of certiorari calling for the records relating to the order of the Hon'ble A.P. Administrative Tribunal dated 24-12- 2002 on O.A. No.4907 of 1992 and to quash the same and to pass such other order or orders as the Hon’ble Court may pleased deem fit and proper. Counsel for the Petitioners: GP FOR SERVICES II Counsel for the Respondents : MR.M.V.S.RAM PRAKASH The Court made the following : ORDER : THE HON'BLE MR JUSTICE GHULAM MOHAMMED & THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No. 15476 of 2004 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue writ of certiorari calling for the records relating to the order dated 24-12- 2002 passed in OA No.4907 of 1992 by the AP Administrative Tribunal, Hyderabad. 2. The official respondents in the OA are the writ petitioners herein and the applicants are the respondents herein. The applicants filed the said OA for a declaration to the effect that the applicants are entitled for regular appointment as Junior Accountants from the date of their initial appointment, and not from 14-3-1990 and consequently direct the officials to regularize their services from the date from which they were appointed on daily wages with all consequential benefits, such as, arrears of pay and allowances, fixation of pay, increments, seniority and other attendant benefits. 3. The facts stated are; the applicants were appointed as Junior Accountants in the District Treasury Office at Cuddapah, on daily wage basis in the year 1986 in the month of October on different dates and as even after putting in sufficient length of service, they were sought to be removed, the applicants filed writ petition, being WP No.16889 of 1986 and this Court by order dated 24-11-1986 directed the respondents therein to continue the applicants on daily wage basis. It is also stated some of the applicants have approached the AP Administrative Tribunal by filing RP No.82 of 1988 for regularization of their services by absorbing them in the regular vacancies in which they were appointed on regular scale of pay. It is further stated that the Tribunal by order dated 12-1-1988 disposed of the matter directing the respondents therein to consider the case of the applicants for absorption, if they come within the beneficial ambit of GO Ms.No.69, dated 18-2-1987. It is further the case of the applicants that pursuant to the directions of the Tribunal in RP No.3100 of 1987 and batch and the ultimately the special leave petition filed by the Government ended in dismissal, the Government issued orders in GO Ms.No.304, dated 23-4-1988 directing the District Collectors to regularize the services of the applicants by absorbing them in the regular vacancies in regular scales of pay. It is stated that as the services of the applicants were not regularized, the applicants filed CC No.87 of 1988 before the Tribunal and by order dated 12-8-1988, the Tribunal directed the respondents therein to regularize the services of the applicants and to allow the pay and allowances of the employees on par with that of the regular employees of the Department in the same category. As the direction of the Tribunal was not implemented, the applicants filed writ petition, being WP No.17699 of 1988 and this Court by order dated 17-4-1990 directed the respondents therein to pass final orders as directed by the Tribunal in RP No.82 of 1988, dated 12-1-1988 and also in CC No.87 of 1988, dated 12-8-1988 within three months from the date of receipt of the order copy. It is stated that the Government issued orders in GO Ms.No.193, dated 14-3-1990 to regularize the services of the temporary employees and daily wage employees without subject them to any further test. It is stated that the services of the applicants have been regularized with effect from 14-3-1990 i.e. the date on which the order in GO Ms.No.193, dated 14-3-1990 was issued and not from the dates from which the applicants were originally appointed. 4. It was the grievance of the applicants that similarly placed employees working as Daily wage employees in the office of the District Collector, Cuddapah, were regularized from the dates of their original appointments, as per the directions contained in the order dated 15-9-1987 passed in RP No.1153 of 1986 by the Tribunal, and they were paid arrears of pay and allowances from the date of their regularization, but the applicants’ services were regularized from the date of issuance of the GO i.e. 14-3-1990. The applicants filed a representation ventilating their grievance to the officials, but to no avail and, therefore, the applicants filed the present OA. 5. The Tribunal by the impugned order observed that the applicants are entitled for regularization of their services from the date of their appointment and also for all consequential benefits flowing therefrom. Aggrieved by the same, the State has filed this writ petition. 6. Heard the learned Government Pleader for Services-II and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 7. The case of the applicants-respondents herein was considered for regularization in terms of the Government issued orders in GO Ms.No.193, dated 14-3-1990, directing the District Collectors to regularize the services of the daily wage employees by absorbing them in the regular vacancies in regular scales of pay. It is the grievance of the applicants that similarly placed employees working as Daily wage employees in the office of the District Collector, Cuddapah, were regularized from the dates of their original appointments, and they were also paid arrears of pay and allowances from the date of their regularization, but the same was denied to the applicants and their services were regularized from the date of issuance of the GO i.e. 14-3-1990, which is violative of Article 14 and 16 of the Constitution. 8. The Tribunal having appreciated the facts that similarly placed daily wage employees working in the office of the District Collector, Cuddapah, were regularized from the dates of their original appointments, and they were also paid arrears of pay and allowances from the date of their regularization, and there was no reason why the same could be denied to the applicants- respondents herein and also in view of the dismissal of the SLP filed by the Government, observed that the applicants are also entitled for regularization from the dates of their original appointments and also for consequential benefits. It is not that the employees whose services were regularized from the date of their initial appointment are dissimilar to that of the applicants- respondents herein. 9. In this view of the matter, we do not find any illegality or irregularity in the impugned order warranting interference by this Court. The writ petition is, therefore, dismissed. No order as to costs. ______________________ Ghulam Mohammed, J _____________________ G. Bhavani Prasad, J Dated: 5-12-2008 Nrg ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JA}