THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.685 of 2007 Dated: 24.08.2010 Between: G. Shyam Sunder and another. .. Petitioners. And The Nalgonda District Scheduled Caste Service Co-op. Society Limited, Nalgonda, rep. by its Chairman & District Collector, Nalgonda, and others. .. Respondents. ORDER: This Writ Petition is filed seeking a Certiorari to call for the records relating to Memo No.E1/421/SC/04, dated 01.03.2006, issued by the 1st respondent, and quash the same as arbitrary, illegal and contrary to law, and consequently direct the 1st respondent to pay the salary as per the time scale applicable to the post of Junior Assistant to the petitioners with effect from 09.09.1992, duly absorbing them in the cadre of Junior Assistants/Junior Acccountants/Junior Assistant-cum- Typist/Junior Steno. It appears, the petitioners were appointed as Section Writers in the 1st respondent Society with effect from 01.01.1990. When their services were not regularized, they filed W.P.No.11453 of 1992 before this Court seeking a direction to regularize their services in the respective posts in which they were working, and the said writ petition was disposed of on 20.07.1993 directing the respondents therein to regularize the services of the petitioners in their respective posts in which they were working or in any other equivalent post and pay the regular time scale of pay attached to the said post with effect from the date of filing of the writ petition, within a period of three months from the date of receipt of a copy of the order. Thereafter, as the respondents did not comply with the directions of this Court passed in W.P.No.11453 of 1992, the petitioners were constrained to file Contempt Case No.323 of 1994, which was closed by order dated 13.06.1995 with a direction to the respondents to regularize services of the petitioners as directed by this Court on 20.07.1993 in W.P.No.11453 of 1992. Pursuant thereof, the services of the petitioners were regularized in the cadre of Section Writers, but they were put in the time scale applicable to the Record Assistants with effect from 09.09.1992. According to the petitioners, similarly situated employees, who approached this Court and obtained similar directions, were extended with the minimum time scale attached to the post of Junior Assistants. They filed writ petition being W.P.No.12216 of 1998 before this Court, seeking their absorption in the cadre of Junior Assistant with effect from 09.09.1992, as directed in W.P.No.11453 of 1992 and Contempt Case No.323 of 1994, and to pay them the time scale attached to the post of Junior Assistant with effect from 09.09.1992. The said W.P.No.12216 of 1998 was disposed of on 06.07.2005 directing the respondents to consider the representation purported to have been submitted by petitioners on 12.08.1996 and pass appropriate orders as per law. In pursuance thereof, the 1st respondent issued impugned proceedings dated 01.03.2006 stating that as per the service rules approved by the 38th C.O.P. held on 31.01.2004 and also by the General Body of S.C.Corporation, the post of Junior Assistant is to be filled up through direct recruitment, and as per the sanctioned staffing pattern for the District S.C. Society, as approved by the 38th C.O.P., there is one post of Junior Assistant in each District and there is no scope of filling through any other mode other than direct recruitment, and therefore, the petitioners were informed that their request for regularization/absorption of their service in the cadre of Junior Assistant with effect from 09.09.1992, in the light of G.O.Ms.No.212, dated 22.03.1994 and also staffing pattern approved by the COP on 31.01.2004, cannot be considered and their claim was rejected. Aggrieved thereby, the present writ petition is filed. Learned counsel for the petitioners, at the outset, submits that the resolution passed by the 1st respondent Society with regard to framing of the service rules was not approved by the competent authority. He also submits that similarly placed persons working in other Societies of other Districts were absorbed as Junior Assistants and are being paid salaries as per time scale applicable to the post of Junior Assistant, whereas petitioners are being paid salaries as per the time scale equivalent to the post of Record Assistant. Per contra, the learned counsel appearing for the respondents contended that may be some section writers working in other Societies of other Districts were appointed as Junior Assistants, but that does not mean that the same is applicable to the 1st respondent Society also, since each District Society is a Unit by itself and it can have its own service rules as approved by the competent authority. Learned counsel also submits that there is only one vacancy of Junior Assistant in the 1st respondent Society and that is required to be filled in by direct recruitment and, therefore, the question of considering the case of the petitioners for their absorption in the cadre of Junior Assistant, much less from 09.09.1992, does not arise. In reply, the learned counsel for the petitioners asserted that as per the old staffing pattern, there are four vacancies of Junior Assistants available in the 1st respondent Society as on date, and out of those fours vacancies, if one vacancy is reserved for S.C./S.T. category, the remaining three vacancies can be filled up with the petitioners by absorbing them in that post. From the aforesaid submissions of the learned counsel on either side, it is clear that there is no dispute that the Section Writers working in other Societies of other Districts were absorbed as Junior Assistants and were put on the time scale applicable to the post of Junior Assistant. It is to be noticed that the case of the petitioners were considered and recommended by the 2nd respondent, but the 1st respondent, by the impugned memo dated 01.03.2006, rejected the same on the ground that there are no vacancies. In fact, there are no definite rules governing the service conditions of the personnel working with the 1st respondent Society and resolution passed by the Society was not approved, from which it is clear that approach of the 1st respondent in rejecting the case of the petitioners is not proper. Thus, I am of the considered opinion that the impugned memo dated 01.03.2006 is liable to be set aside and petitioners are entitled for being absorbed in the cadre of Junior Assistants on par with similarly situated Section Writers working in other Societies of other Districts, who were absorbed against the Post of Junior Assistant. Accordingly, writ petition is disposed of setting aside the impugned memo dated 01.03.2006 issued by the 1st respondent and directing the respondents to consider the case of the petitioners for being absorbed in the cadre of Junior Assistant in the existing vacancies by putting them on the time scale attached to the post of Junior Assistant, and if no vacancies are available in the said cadre as on today, they shall be accommodated as and when such vacancies arise. However, it is made clear that the petitioners are entitled for regularization of their services in the cadre of Junior Assistant from the date of their absorption in the said cadre, but not from 09.09.1992 as prayed by them. It is also made clear that seniority and also extension of time scale in the cadre of Junior Assistant in respect of the petitioners shall be considered from the date of their absorption in the said cadre. _____________ C.V.RAMULU,J 24.08.2010 v v