HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT APPEAL No.1868 of 2003 & WRIT PETITION No.24066 of 2004 ORDER: (per Honourable Sri Justice B.Prakash Rao) Since both these matters arise between the same parties and involve common question of law, they are disposed of by this common order. Heard Sri Mirza Safiulla Baig, Learned Counsel for the appellant in the Writ Appeal, Sri V.S.K. Rama Rao, Learned Counsel for the petitioners in the Writ Petition and the learned Government Pleader for School Education. The appellant-Asafia High School filed the Writ Appeal aggrieved by the order of the learned Single Judge in W.P.No.14634 of 1995, dated 23.10.2002, whereby respondent Nos.1 and 2 sought a direction to respondent Nos.3 to 5 to convert their posts into Class-IV posts with effect from 08.06.1990 and 16.03.1991 respectively and to pay arrears of the salaries due. W.P.No.24066 of 2004 is filed by the legal representatives of the deceased first respondent in the Writ Appeal seeking a Mandamus to declare the proceedings of the second respondent-Regional Joint Director of School Education, Hyderabad, dated 06.04.2004, rejecting the proposals to convert the services of the first respondent into Class-IV post as illegal and arbitrary. The parties are referred to as arrayed in W.P.No.14634 of 1995. The first petitioner had worked as a sweeper with the first respondent-Management from 09.06.1980 and the second petitioner as gardener-cum-watchman from 16.03.1981. They state that since their posts were admitted into grant-in-aid and were appointed as full time contingent employees, they were entitled to claim benefit under G.O.Ms.No.9, dated 08.01.1981; G.O.Ms.No.237, dated 04.04.1985 and G.O.Ms.No.259, dated 18.06.1993. The petitioners state that since they had completed ten years of service as on 09.06.1990 and 16.03.1991 respectively, they were entitled to the benefit under G.O.Ms.No.259, dated 18.06.1993. The respondents contested the claim stating that since the petitioners did not fulfill the conditions prescribed under G.O.Ms.No.237 dated 04.04.1985, they were not entitled to any such benefit. The learned Single Judge, while taking all the aspects into consideration, allowed the Writ Petition holding that the termination effected was contrary to Section 83 of the A.P. Education Act, 1982 and while holding that the petitioners were entitled to the benefit under G.O.Ms.No.259, dated 18.06.1993, directed the first respondent-Management to pay the salaries and the Regional Joint Director of School Education to pass appropriate orders, within two weeks from the date of receipt of the order, with regard to conversion of employees into last grade service as per G.O.Ms.No.259, dated 18.06.1993. The Management filed the Writ Appeal contending that having regard to the fact that the institution is aided one, any amount incurred towards payment of the salaries due would be at the cost of the Government and not of the Management and, therefore, necessary aid should be extended to the Management by the Government. In the Writ Petition, the legal representatives of the deceased first respondent would contend that despite the first respondent had fulfilled the conditions stipulated under G.O.Ms.No.259, dated 18.06.1993, he was denied the said benefit while it was extended to the staff working in different institutions. Learned Government Pleader for School Education would contend that G.O.Ms.No.259, dated 18.06.1993, has no application to the petitioners since it was not extended to the aided institutions and, therefore, no such relief can be granted to the petitioners. On considering the submissions and on a perusal of the material, We are of the view that the petitioners are entitled for extension of the benefit under G.O.Ms.No.259, dated 18.06.1993. The proposals, which were admittedly sent by the Management, were rejected holding that the posts have not been created under the orders of the competent authority; the petitioners were not in service for a period of ten years as on 01.04.1985; and they have not acquired the minimum educational qualification of Class-VII as on that day. It was also observed that G.O.Ms.No.259, dated 18.06.1993, was not extended to the staff working in aided institutions. The learned Single Judge has categorically held that G.O.Ms.No.259, dated 18.06.1993, was applicable to the petitioners and since no challenge was made by the Government to the said finding, it has become final. It is not open to the authorities to come to a conclusion contrary thereto. In the circumstances, having regard to the findings arrived at by the learned Single Judge with regard to G.O.Ms.No.259, dated 18.06.1993, it can safely be said that the petitioners are entitled for conversion of their posts into Class-IV posts. Therefore, the impugned order of rejection of the Regional Joint Director of School Education, Hyderabad, dated 06.04.2004 needs to be set aside and since G.O.Ms.No.259, dated 18.06.1993 was held to be applicable, the other G.Os. do not hold water. Even otherwise, as the employees have put in much more service than what is required, we do not find any justification in rejection of the proposals by the impugned proceedings dated 06.04.2004. The Writ Appeal is, accordingly, dismissed. The Writ Petition is allowed setting aside the order of the Regional Joint Director of School Education, Hyderabad, dated 06.04.2004, and respondent Nos.2 and 3 herein are directed to reconsider the cases of respondent Nos.1 and 2 in the Writ Appeal to convert their posts into Class-IV posts, including fixation of financial liability with regard to the arrears of payment by the Government. Respondents shall finalise the entire proceedings and pass appropriate orders within a period of three months from the date of receipt of a copy of this order, including payment of salaries. There shall be no order as to costs. B.PRAKASH RAO,J G. BHAVANI PRASAD,J Date:17.08.2010 usd