IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21739 of 1999 Between: 1 R.Chinnaiah s/o R.Ramakrishnaiah, D.No.1-10-42 , Kattamanlur Chittoor 2 J.Subramanyam S/o Kanda Swamy M.Bandapalli Village and post, Putlapattu Mandal, Chittoor 3 N.K.Chinna Swamy S/o Tangavelu D.No.24-355, Gandhinagar, C.G.Palli Chittoor 4 Shaik Subhan Saheb S/o Late Shaik Khader Saheb, 15-1571, Lalugarden, Chittoor 5 J.N.Laxmipathi, S/o Jayarama Nadiu, D.No.2-6-7, Main Street, Kangareddipalli, Chittoor District 6 D.Palu Raj S/o Late Dev Raj Kalluru Village, Gudipala Mandal, Chittoor District 7 S.Victor S/o Sammel, Laxminagar Village, C.G.Palli Post, Chittoor District 8 K.Doraswamy S/o Late K.Chengaiah D.No.22-1322, Vengalrao Colony, CMT Road, Chittoor District 9 C.Subrahmanyam S/o S.Venkatesulu 4-1237, Srinagar Colony, Greamspet, Chittoor District 10 M.Sekharan S/o Manikuam, 24-401, Laxminagar, 3rd Railway Gate, Chittoor District ..... PETITIONERS AND The Depot Manager, Chittoor-II A.P.S.R.T.C. , Chittoor .....RESPONDENT 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 a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent in resorting to dispense with the services of the petitioners with effect from 1-11-1999 as security guards in illegal, improper, unjust and contrary to law and further direct the respondent to continue the services of the petitioners as Security guards and also to regularise their services by paying regular scale of pay. Counsel for the Petitioners : MR.P.GANGAIAH NAIDU Counsel for the Respondent : SMT.W.V.S.RAJESWARI The Court made the following : ORDER : The petitioners, who were posted as Security Guards on daily wage basis in the Andhra Pradesh State Road Transport Corporation, have filed this writ petition, questioning the order dated 01.10.1999, passed in Proceedings No.P1/255(12)/95-CTR.2, by the respondent-Depot Manager of A.P.S.R.T.C, Chittoor-II Depot, whereby their services were dispensed with, with effect from 01.11.1999. 2. The only ground raised by the petitioners is that asmuch as their services were taken for a period of three years, instead of regularizing them, they were removed from service through the impugned order. Though no orders are filed by the petitioners, showing the nature of their appointments, but the learned counsel for petitioners has fairly submitted that their appointments were made on daily wage basis only. During the course of hearing, the learned Standing Counsel for the respondent has placed the records, which show that the petitioners were appointed only on contract basis on payment of wages of Rs.27/- per day towards the watch and ward duties, which was increased to Rs.50/- subsequently. Even according to the terms and conditions of appointment, the Corporation is vested with the power to terminate the contract by a week’s notice. 3. As the petitioners are not appointed into regular service of the Corporation by following the due process of law, they cannot have any right to seek either regularization or continuance in service. Further, it is stated that though the writ petition is filed in the year 1999, no interim orders are passed by this Court protecting the continuity of service. In the absence of any regular appointment of petitioners by following the procedure contemplated under law, I do not find any ground to grant the relief as prayed for in this writ petition. 4. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd January 2009. ajr