THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.1499 of 2002 & CONTEMPT CASE NO:22 OF 2003 DATED:14.12.2010 BETWEEN: M.RAMANA @ RAMAIAH. …PETITIONER. AND: GOVT OF A.P REP BY ITS PRINCIPAL SECRETARY, HYDERABAD & OTHERS …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.1499 of 2002 & CONTEMPT CASE NO:22 OF 2003. COMMON ORDER: - The writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in not regularising the service of the petitioner as attender/watchman in the 5th respondent school in the existing vacancy as arbitrary and illegal and consequently to declare that the petitioner is entitled for regularisation in the existing vacancy of the grant in aid school of 5th respondent school in the light of the proceedings Rc.No:15109/B1/2000 dated 20.10.2001 and also to direct the respondents to pay ll the arrears, benefits attached to the post of attender/watchman on par with the others in the light of G.O.Ms.No:212, dated 22.4.1994. Since the contempt case is an out come of the interim order granted by this Court in this writ petition and the issue involved is one and the same, both the writ petition and the contempt case are disposed of by common order. The case of the petitioner is that he was appointed as watchman/attender vide proceedings in ROC.Spl.No:2 of 1990, dated 1.8.1990 by the then Building Committee President of Marripadu in Z.P.P. High school on temporary basis of Rs.150/- p.m. His appointment was made in pursuant to the upgradation of Upper Primary School to the Z.P.P. High School in 1990. Ever since his appointment, he has been working with utmost satisfaction of his superiors and without any blemish in any quarter. Though he was appointed as part time employee, he is discharging his duties as regular employee in the existing vacancy. Due to the existing vacancy, he made an application to the District Authorities in the year 1992 for regularisation of his services in the vacancy as prescribed by the Government in G.O.Ms.No:212, dated 22.4.1994. The District authorities acted upon his application and called for the report through the Mandal Revenue Officer, Gurramkonda vide proceedings Roc.No:B/689/1992, dated 20.6.1992. The Mandal Revenue Officer wrote a letter to the 5th respondent calling for the credentials of the petitioner so as to send the same to the District authorities. But, there is no further development with regard to the regularisation. Though the 5th respondent school is extracting the entire work of watchman/attender in the existing vacancy, it is not even paying the minimum time scales attached to the post. Therefore, the attitude of the 5th respondent is contrary to law and as per Article 39-d of the Constitution of India. It is his further case that he filed O.A.187 of 1998 in the A.P. Administrative Tribunal for regularisation under G.O.Ms.No:212 and the said O.A was disposed of at the admission stage on 21.1.1998 directing the respondents to consider the case of the petitioner for regularisation in accordance with the G.O in question. But, the respondents did not take any action and therefore, he filed a contempt case in C.C.119 of 2000 before the tribunal and on the notice issued therein by the tribunal, the respondent issued proceedings vide No:A4/150/2000 dated 12.1.2000 to the petitioner informing that the writ petition has become infructuous, without assigning any reasons and on that, the tribunal ordered for personal appearance of the 3rd respondent and in pursuance of the same, the 3rd respondent appeared before the tribunal and produced the proceedings vide Roc.No:A4/2422/1997, dated 24.2.2000 contending that the petitioner was not appointed in any of the respondents and he was appointed by the President, School Building Committee and apart from that, the post of watchman/attender is not an aided post and Z.P. High School, Marripadu is an unaided school and thereupon, the contempt case was disposed of on 21.3.2000 with a direction to agitate the question in appropriate forum. It is the further case of the petitioner that as on the date of upgradation of Upper Primary School of Z.P. High School, there was an existing attender post in the U.P. School and one Smt.Kairoon Bee was working in U.P school and she was also transferred along with the transition and ultimately she was retired from service on 7.6.1993 in the 5th respondent school. On that, the vacancy arose and thereby, the petitioner is entitled for regularisation. On behalf of the respondents, a counter affidavit is filed denying the averments made in the petitioner. This Court by order dated 20.8.2002 in W.P.M.P.No:1768 of 2002, which is filed for a direction to the respondents to continue the petitioner by paying minimum time scale attached to the post of attender/watchman on par with others, granted interim direction to the respondents to pay the minimum wages/time scale attached to the post in which the petitioner is working. On behalf of the respondents, vacate stay petition is filed along with the counter stating that the building Committee through which the petitioner was appointed, was not authorised by the Z.P High School to appoint the petitioner and pursuant to the order passed in O.A.No:187 of 1998, the 3rd respondent issued proceedings rejecting the case of the petitioner on the ground that there is no sanctioned post of attender. The fact that remains is that the interim order granted by this Court in W.P.M.P.No:1768 of 2002 is not vacated. On that, the petitioner filed contempt case in C.C.No:22 of 2003 for the alleged violation of the order passed in W.P.M.P.No:1728 of 2002, dated 20.10.2002 and the said contempt case is pending. The fact that remains undisputed is that the petitioner is working in the respondent school and the interim order granted by this Court in W.P.M.P.No:1728 of 2002, dated 20.10.2002 is in existence. However, the respondents have not passed any order on the regularisation of the petitioner. In this view of the matter and in view of the fact that the petitioner is working in the respondent-school, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to pass appropriate orders on the regularisation of the petitioner in accordance with law, within a period of four (4) Weeks from the date of receipt of a copy of this order. Subject to the above direction, this writ petition is disposed of. No costs. In view of the disposal of the main writ petition, no further orders need be passed in the contempt case. Consequently, the contempt case is closed. No costs. __________________ G. CHANDRAIAH, J Date:14.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2210 of 2002 & CONTEMPT CASE NO:22 OF 2003. DATED:14.12.2010