IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.26347 OF 1999 DATED:29.07.2010 Between: K. Peter Babu … Petitioner And The Andhra Pradesh S.T. Cooperative Finance Corporation Limited Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.26347 OF 1999 ORDER: The relief sought for in this Writ Petition is to declare the order of the second respondent dt.9.6.1999 as arbitrary and illegal. Facts, in brief, are that the petitioner was appointed as a Section Writer on daily wages on 5.10.1987. Pursuant to G.O. Ms. No.212, dt.22.4.1994 being issued, whereby a scheme of regularization was formulated, the petitioner submitted a representation on 19.2.1997 contending that, as he has completed ten years of service, his services should be regularized. The second respondent issued proceedings dt.20.4.1998 regularizing the petitioner’s services, and appointed him as a Loan Recovery Inspector in the second respondent Corporation in the time scale of pay of Rs.1745-3420. The petitioner continued to work as a Loan Recovery Inspector for nearly a year. Thereafter, the second respondent issued proceedings dt.9.6.1999 reverting the petitioner from the post of Loan Recovery Inspector to Section Writer, and directed that he be continued as a Section Writer, on daily wages with effect from 9.6.1999. It is the petitioner’s case that, since his services were regularized, the action of the respondents in reverting him to the post of Section Writer, that too on daily wages, is arbitrary and illegal. No counter affidavit has been filed by the respondents nor they were represented by Counsel when the case was taken up for final disposal. A perusal of the impugned order would show that the petitioner was reverted to that of a Section Writer from the post of Loan Recovery Inspector as no new post of Loan Recovery Inspector could be created. A person can be appointed to a post which is created, and in as much as the respondents were not in a position to create the post of loan recovery inspector, the petitioner could not have been appointed to the said post. The fact, however, remains that since the petitioner’s services were regularized as Section Writer, he is entitled for payment of regular pay scales attached to the said post. The respondents are, therefore, not justified in directing that he be continued as Section Writer on daily wages, more so since the impugned order does not even state that regularization of the services of the petitioner was not in accordance with G.O. Ms. No.212, dt.22.4.1994. The impugned order dt.9.6.1999, to the limited extent for which the respondents directed that the petitioner be continued as a Section Writer on daily wages, is set aside. Since the petitioner’s services have been regularized as a Section Writer, by the proceedings dt.20.4.1998, he is entitled to be extended the benefit of regularization of service, and to the scale of pay applicable to the post of Section Writer. The respondent – Corporation shall, within three months from the date of receipt or a copy of this order, take necessary action for extending to the petitioner the benefit of regular scales of pay attached to the post of Section Writer, and pay him arrears of differential amount of salary in relation to the said post. The entire exercise in this regard, culminating in payment of arrears of salary, shall be completed within the aforesaid period of three months. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. ____________________________ RAMESH RANGANATHAN, J Date:29.07.2010 bnr