THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.169 of 2007 30.7.2008 Between P.Chalapathi Rao, S/o.Suranna … Petitioner and The District Judge, West Godavari District, Eluru And others … Respondents THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.169 of 2007 ORDER: (Per Hon’ble VVSRJ) Petitioner ﬁled the instant writ petition seeking a writ of Mandamus declaring action of respondents in not regularizing his services in Andhra Pradesh Last Grade Service by extending beneﬁt as per G.O.Ms.No.212, dated 22.4.1994, as illegal and arbitrary. He also seeks consequential direction to that effect. Petitioner was appointed as Full Time Masalchi (FTM) in the Court of Junior Civil Judge, Kovvur, on 02.3.1983. Even before his appointment, Government issued number of orders permitting regularization of FTMs as Class-IV employees. However, the beneﬁt was not extended to those employees who had completed five years of service as FTMs as on 01.4.1981. Even after petitioner completed ﬁve years of service as FTM, he was not extended same benefit. He therefore made representations dated 15.9.2005 and 06.9.2006 to the High Court for regularization. Ultimately, District Judge interviewed him on 29.1.2005. His case for regularization was recommended to High Court for regularization. Petitioner states that the said recommendation was forwarded by the High Court to Government, but no orders are passed. Counter aﬃdavit and additional counter aﬃdavit are ﬁled by High Court. In additional counter, it is stated that after receiving proposal from ﬁrst respondent, High Court forwarded the same to Government for relaxation of petitioner’s age. The Government negatived the proposal, vide letter No.31567/Courts.D2/2004, dated 11.8.2006, and that the proposal was again sent to Government for re- examination. A reference is also made to various aspects connected with regularization of Masalchis working in District Courts. Petitioner was admittedly appointed in March 1983 and as on the cut-oﬀ date, 25.11.1993, as per G.O.Ms.No.212, dated 22.4.1994, his case needs to be considered. However, as petitioner is over-aged, necessary relaxation is to be granted by Government under Rule 31 of Andhra Pradesh State and Subordinate Service Rules, 1996. When the High Court sent proposal for relaxation of age, ordinarily Government cannot refuse and they have to consult High Court. On the proposal being negatived, High Court again sent proposal, and therefore, it is for the Government to consider and pass appropriate orders. In view of this, no purpose would be served by keeping the writ petition pending. Accordingly, we dispose of writ petition observing that Government may consider recent proposals sent by the High Court within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________ (V.V.S.RAO, J) ___________________ July 30, 2008 (G.CHANDRAIAH, J) YS