THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11188 OF 2000 DATED 23RD JULY, 2010 BETWEEN Farooq Ahmed … Petitioner And The Managing Director, APSRTC, Musheerabad, Hyderabad. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11188 OF 2000 ORDER: The petitioner seeks regularization of his services as a Junior Assistant in the Office of the Managing Director of the Andhra Pradesh State Road Transport Corporation (APSRTC), Musheerabad, Hyderabad, the first respondent, as per the proceedings dated 22.08.1998. By the proceedings dated 22.08.1998 the Personnel Officer of the APSRTC requested the Executive Director (Medical), APSRTC, to conduct medical check-up of the petitioner for appointing him to the post of Junior Assistant. By interim order dated 19.04.2001, this Court directed the APSRTC to implement the order dated 22.08.1998. It is stated that pursuant thereto the petitioner is continuing as a Junior Assistant in the service of the APSRTC. In the counter filed on behalf of the APSRTC, its authorized Law Officer stated that the petitioner was appointed as a Traffic Assistant under the sports quota, being a hockey player. While so, as there was no regular cadre of Traffic Assistants in its service, the APSRTC floated the policy of regularizing the services of such persons. The petitioner was sought to be regularized in service as a Conductor but he challenged the same by way of W.P.No.12747 of 1997. He also sought regularization of his service as a Traffic Assistant by way of W.P.No.8922 of 1997. While so, the APSRTC vide Resolution No.103/98 dated 31.08.1998 resolved to regularize the services of all eligible Traffic Assistants by absorbing them in various posts. Selections were said to have been conducted for such persons and the petitioner was selected for appointment to the post of Junior Assistant. In consequence of such selection, the order dated 22.08.1998 was issued by the Personnel Officer of the APSRTC directing the petitioner to undergo a medical check-up. The APSRTC went on to state that the petitioner’s regular appointment as a Junior Assistant could not be effected owing to the pendency of W.P.Nos.9207 of 1996 and 25051 of 1999 before this Court. It is specifically stated that appointment of sportspersons, who were selected to the post of Junior Assistants, was kept pending owing to these two writ petitions. Thus, for all practical purposes, the APSRTC concedes that the petitioner was eligible as per its own policy for appointment to the post of Junior Assistant but it was only because the pendency of the aforestated two writ petitions that the said appointment could not be given effect to. This Court having called for the records pertaining to these two writ petitions, it has come to light that W.P.No.9207 of 1996 pertained to a challenge by 17 Conductors and Kalasies in the service of the APSRTC to the appointment of 19 persons to the posts of Junior Assistant. Relevant to note, the petitioner does not figure amongst these persons. This writ petition was allowed by order dated 23.09.1997 by a Division Bench of this Court remitting the matter to the APSRTC for fresh consideration. This writ petition has nothing whatsoever to do with the case of the petitioner, whose candidature for appointment to the post of Junior Assistant arises under the sports quota. In so far as W.P.No.25051 of 1999 is concerned, the same was dismissed for default on 02.07.2010. Thus, as matters stand there is no obstruction for considering the case of the petitioner for regular appointment to the post of Junior Assistant. The Writ Petition is accordingly allowed directing the respondents to consider the case of the petitioner for regular appointment to the post of Junior Assistant as per its Resolution No.103/98 dated 31.08.1998 expeditiously and in any event not later than two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 23RD JULY, 2010. VGSR/PGS