IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR. JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 18068 of 2000 Between: Government of Andhra Pradesh, Rep. By its Secretary to Government, Revenue Department, Secretariat Buildings, Hyderabad and another. ..... PETITIONERS AND A.Sreenivasa Rao and others .....RESPONDENTS The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Assailing the order dated 5.7.1999 made in O.A No. 842 of 1993 by the Andhra Pradesh Administrative Tribunal, Hyderabad Bench, directing the petitioners herein to regularize the services of the respondents from the date of issuance of GO Ms. No. 304 dated 23.4.1988, the present writ petition is filed. The respondents were appointed as Typists on daily wages during 1983 and 1985 on temporary basis and continued as such, as they could not come up for selection in the Group IV Services conducted by the District Selection Committee in the year 1986. Thus apprehending ousting, consequent upon the allotment of candidates selected by the District Selection Committee, they filed RP No. 1533 of 1987 before the A.P. Administrative Tribunal, for regularization of services in terms of G.O. Ms. No. 81 dated 13.2.1986, which was disposed of by the Tribunal by order dated 3.9.1987. Aggrieved thereby, the Government preferred SLP Nos. 14753-59 of 1987, befoe the Supreme Court, which was dismissed with a direction that the regularization is obviously to be effective from the date when regularization is ordered. Pursuant thereto, the Government issued GO Ms. No. 304 Revenue (Y1) Department dated 23.4.1988 to regularize the services of the respondents and others with certain conditions and since the respondents did not fulfill those conditions, their services were not regularized. Thereafter, consequent upon the order in WP No. 6267 of 1990 and Contempt Case No. 589 of 1990, the Government issued GO Ms.No. 342 Rev. (Ser.IV) Department dated 23.4.1991 for regularizing the services with effect from 23.4.1991. Accordingly, their services were regularized with effect from 25.4.1991 in the cadre of Typists. Aggrieved thereby, the respondents herein filed the above OA seeking to regularize their services with effect from their initial appointment and not from the date of GO Ms. No. 342 dated 23.4.1991. The Tribunal by order the impugned herein has directed the petitioners herein to regularize the service of the respondents from the date of GO Ms. No. 304 dated 23.4.1988. Heard learned Government Pleader appearing for the petitioner and the learned counsel for the respondents. It is contended by the learned counsel for the respondents herein that GO Ms. No. 304 dated 23.4.1988 is not strictly in accordance with the directions given in RP No. 1533 of 1987 and the Special Leave Petition filed by the Government against the orders passed therein was also dismissed, the respondents are entitled to be regularized from the date of issuance of G.O. Ms. No. 304 23.4.1988 and not from the subsequent G.O. Ms. No. 342 dated 23.4.1991, which was issued correcting GO Ms. No. 304 dated 23.4.1988. While it is contended by the learned counsel for the respondents that pursuant to the issuance of GO Ms. No. 342 dated 23.4.1991, directing regularization of the respondents from 23.4.1991, GO Ms. No. 304 dated 23.4.1988 is no more in existence. He further contends that GO Ms. No. 304 dated 23.4.1988, which is issued basing on GO Ms. No. 81 dated 13.2.1986, is not applicable to them and the respondents did not fulfill the conditions laid down in the said G.Os. for regularization of their services in the cadre of Typists. As observed earlier, the Supreme Court while dismissing the Special Leave Petitions filed by the Government against the orders passed in R.P. No. 1533 of 1987 dated 3.9.1987 by the Tribunal, has observed that the regularization shall be effective from the date when regularization is ordered. Pursuant thereto, the Government issued GO Ms. No. 304 dated 23.4.1988 stipulating certain conditions akin to GO Ms.No. 81 dated 13.2.1986, which the respondents did not fulfill. The said G.O. was subsequently corrected by GO Ms. No. 342 dated 23.4.1991, directing regularization of the respondents from 23.4.1991. Thus following the observation made by the Supreme Court, it has to be construed that the respondents are entitled to regularization from the date of issuance of G.O. Ms.No. 342 dated 23.4.1991. Accordingly, the order of the Tribunal is modified to the extent that the respondents are entitled to the regularization from the date of issuance of GO Ms.No. 342 i.e. 23.4.1991. With this modification in the impugned order, the Writ Petition stands disposed of. No order as to costs. ____________________ Justice T.Meena Kumari _________________________ Justice Gopala Krishna Tamada July 19, 2010 MAS