THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.34075 of 1998 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the order passed by the first respondent in proceedings Rc.No.TR/615/98 dated 3.12.1998 terminating the services of the petitioner as arbitrary, illegal and consequently set aside the same. It appears, petitioner was engaged as daily wage worker by proceedings of the District Tribal Welfare Officer, Krishna, Machilipatnam dated 16.8.1991 on a way of Rs.20/- per day in the existing vacancy at Tribal Welfare Boys Hostel, Jammavaram and deputed to work in the office of District Tribal Welfare Officer to assist the office administration, in the sanction of scholarship works and other allied activities. The petitioner, being a Graduate and possessing Typewriting English Higher Grade, and assisting the office administration, his services were regularized vide proceedings of the first respondent in Rc.No.Tr/54/96 dated 7.1.1997 in the cadre of Loan Inspector and was put on the timescale of Rs.1745 to 3420 together with other allowances. Under the impugned proceedings dated 3.12.1998, the services of the petitioner were terminated on the ground that as per Act 2/94, he has to render five years of service for regularisation subject to fulfillment of certain conditions, stipulated in G.O.Ms.No.212 Finance and Planning (F.W.P.C.III) Department dated 22.4.1994. Therefore, the conversion of petitioner as Loan Inspector ordered vide proceedings dated 7.1.1997 is irregular and in violation of conditions stipulated in Act 2/94 as he has not completed five years of service as on 25.11.1993. Being aggrieved by the same, the present writ petition is filed. The respondents filed a detailed counter denying the allegations made by the petitioner and supported the impugned order dated 3.12.1998 and reiterated the same stand as was taken in the impugned order. Heard both sides and perused the impugned order and other material made available on record. Firstly, the regularization proceedings dated 7.1.1997 were not issued considering the conditions laid down in G.O.Ms.No.212 dated 22.4.1994. The services of the petitioner were regularized since a vacancy was available and since he was a Graduate passed Typewriting English Higher Grade as well as Telugu and was attending to the duties regularly and sincerely. Petitioner was working as Daily Wage worker since 16.8.1991 and was assisting the Senior Assistant of A.P. Scheduled Tribes Cooperative Finance Corporation Limited in maintaining ledgers, interest calculation on the deposits made in the Banks and also collection of Utilization Certificates from the Mandal Development Officers concerned besides attending to typing work as Section Writer in the Corporation, therefore, his case was considered for regularization vide proceedings dated 7.1.1997. Secondly, assuming that petitioner’s case was considered for regularization as per G.O.Ms.No.212 dated 22.4.1994, he is entitled for consideration of his case even under the said G.O. This Court, in catena of judgments, held that for reckoning five years of service, for the purpose of regularization of services of the employees as per G.O.Ms.No.212 dated 22.4.1994, the date of consideration of their cases is to be taken into account, but not the date i.e. 25.11.1993 as prescribed in the said G.O. Admittedly, in the case on hand, petitioner was put in more than six years as on the date of consideration of his case on 7.1.1997. Further, the services of the petitioner were terminated without any notice and without calling for any explanation. Therefore, I am of the opinion that the impugned order suffers from gross violation of principles of natural justice and therefore the same is liable to be set aside. For all the above reasons, the writ petition is allowed and the impugned order dated 3.12.1998 is set aside. There shall be no order as to costs. _____________ C.V.RAMULU, J Date: 3.2.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.34075 of 1998 3.2.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.34075 of 1998 Date: 3rd February, 2009 Between: Ede Subrahmanyam .. Petitioner And District Collector and Chair Person, A.P. State Coop. Finance Corporation Ltd., Krishna district, Machilipatnam and another. .. Respondents