THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION NO.25766 OF 2011 ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The petitioner was initially appointed as a Watchman at Field Machinery, Sub Division-I, Nandyal Division in Telugu Ganga Project. From 1990 till 31.05.2005, statedly he was asked to work as such. During the said period, it appears, he also acquired qualification of I.T.I. After the Government issued orders in G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated 22.04.1994, introducing the Scheme of Regularisation of NMR/Daily Wage Employees to satisfy certain conditions, his services were, however, not regularised on the ground that he does not satisfy the qualifications. In the mean while, he retired from service on completion of 58 years of age. He, therefore, filed O.A.No.4715 of 2008 seeking a direction to the respondents to regularise his services from the date of completion of five years of service in accordance with G.O.Ms.No.212. The O.A. was opposed by the respondents contending that the proposals were sent to the Government for regularising the services of the applicant along with other eligible employees; the Government issued orders in G.O.Ms.No.26 dated 06.02.2001 directing regularisation of the services of 39 Hand Receipt (HR) workers; the name of the applicant was not covered in the said G.O., as he did not come up for consideration for want of vacancy and in the mean while, his services were discontinued. The Tribunal accepted the plea of the respondents. Having regard to the fact that the petitioner has already retired and also having regard to the fact that there was no clear vacancy for regularising the service before his retirement, disposed of the O.A. observing that he would be entitled for wages from 01.04.2000 to 31.05.2001 i.e., for a period of fourteen (14) months. Counsel for the petitioner submits that the plea that there was no vacancy when the services of 39 others were regularised cannot be accepted. He would further contend that the petitioner has been working as a Watchman from 01.08.1984 continuously and therefore, his services cannot be dispensed with at the age of 58 years. We are afraid, we cannot accept both the contentions. Indeed, as found by the learned Tribunal, the petitioner was not entitled to be continued up to the age of 60 years and he was in fact continued, which was a mistake. The respondents 1 to 7 also cannot be faulted with. Along with all other eligible employees, the petitioner’s name was sent for regularisation, but the Government did not regularise the services of the petitioner. Needless to mention that, under G.O.Ms.No.212, unless and until there is a clear vacancy, the question of regularisation of NMR/Daily Wage Employee would not arise. Insofar as the salary is concerned, they cannot have any objection, as the Tribunal has issued a direction. The seventh respondent is bound to obey the order. We give liberty to the petitioner to approach the seventh respondent for payment of money for fourteen (14) months period as directed by the tribunal. With the above observation, the Writ Petition is dismissed. No costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 20th September 2011 RRB