HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.10168 OF 2008 Dt.19.1.2010 Between: Sadeen Tahya .. Petitioner And The District Collector & Chariman, Jawahar Balakendra, Karimnagar and another .. Respondents HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.10168 OF 2008 ORDER: (Per Sri Justice V.Eswaraiah) Petitioner’s application in O.A.No.8871 of 2005 seeking to declare the action of the respondents herein in not absorbing her in the existing vacancies of Craft Teacher/ Tailoring Instructress in spite of availability of clear existing regular posts as illegal and arbitrary and against the principles of natural justice and to direct the respondents herein to absorb the petitioner in the existing vacancies, was dismissed by the Andhra Pradesh Administrative Tribunal by order dated 22.1.2008. Aggrieved by the same, this writ petition is filed. It is the case of the petitioner before the Tribunal that she was initially appointed on 8.7.1980 as Sewing Instructor in the Jawahar Balakendra, Karimnagar, on a consolidated pay of Rs.200/- per month up to 1994 and the same was enhanced to Rs.600/- during the month of April 1995 and Rs.1000/- in the year 1998. She passed S.S.C and also passed Certificate Course in Craft Training in the year 1976. It is stated that she is qualified to hold the post of Craft Teacher/ Tailoring Instructress on regular basis. It is stated that she was appointed as Craft Teacher in Jawahar Balakendra, Karimangar vide appointment order dated 9.7.1980 on a consolidated pay of Rs.200/- per month and subsequently continuing her on consolidated pay is illegal and contrary to the principles of natural justice. The petitioner earlier filed O.A.No.1876 of 1998 seeking to regularize her services by absorbing her as Craft Teacher and the Tribunal disposed of the said O.A. on 2.4.1998 directing the respondents to pass appropriate orders on the representation submitted by her for regularization. But her representation was considered and rejected on the ground that there is no clear vacancy. Questioning the said rejection order, the petitioner filed another O.A.No.7608 of 1998, which was disposed of by the Tribunal on 7.1.1999 directing the respondents to pass appropriate orders for regularization of the services of the petitioner within three months. It is the case of the petitioner that pursuant to the said orders the respondents have not passed any final orders and therefore she filed the present O.A.No.8871 of 2005 for the self-same relief seeking for absorption and regularization of her services. A counter affidavit has been filed by the respondents herein before the Tribunal stating that the petitioner was appointed on a consolidated pay of Rs.200/- per month by the District Collector, Karimnagar, vide proceedings dated 8.7.1980 in terms of G.O.Ms.No.201, Education Dept., dated 12.3.1980, and the said remuneration was enhanced to Rs.600/- per month with effect from 1.4.1994 vide G.O.Ms.No.583, SDCW & Labour Dept., dated 20.3.1993 and she was paid the enhanced remuneration. The Government further enhanced the remuneration from Rs.600/- to Rs.1000/- vide G.O.Ms.No.458, Education (Pro.II 1) Dept., dated 23.10.1998. It is the case of the respondent that Jawahar Balakendra, Karimnagar is a part time institution and the personnel engaged in the said institution are part time employees and therefore the provisions contained in G.O.Ms.No.212, dated 22.4.1994 as well as G.O.(P).No.112, dated 23.7.1997, are not applicable to the case of the petitioner and accordingly the petitioner was informed the same facts and the petitioner was also informed to approach the Director and Special Officer, Jawahar Bal Bhavan, Hyderabad and Government vide Collector’s memo No.50/JBK/KNR-97, dated 3.10.1999. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. It is the specific case of the respondents that the Jawahar Bala Kendra, Karimnagar, itself is a part time institution and there is no any sanctioned post in the said institution and therefore the petitioner is not entitled for any benefit of the aforesaid orders of the Government. Even according to the orders of the Government in G.O.Ms.No.212, dated 22.4.1994, absorption shall be made against clear vacancies of posts. Condition No.1 of G.O.(P).No.112, dated 23.7.1997 stipulates that absorption shall be against clear vacancies of posts considered necessary to be continued as per workload. As it is stated that the institution itself is a part time institution and there is no any clear vacancies in the said institution, the question of absorbing and regularization of the services of the petitioner does not arise. The issue raised in this writ petition is squarely covered by the judgment of the Apex Court in A.Manjula Bhashini v. The Managing Director, A.P.Women’s Co-operative Finance Corporation Ltd.,[1]. Following the aforesaid judgment of the Apex Court, this Court disposed of several writ petitions and one such batch of writ petitions are W.P.No.27295 of 1998 and batch, dated 9.11.2009. Unless the applicant-petitioner fulfils all the conditions enumerated in G.O.Ms.No.212, dated 22.4.1994 or G.O.(P).No.112, dated 23.7.1997, as the case may be, she is not entitled for absorption or regularization of her services. Therefore, we do not see any error committed by the Tribunal in dismissing the O.A. filed by the petitioner. The writ petition is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 19.1.2010 kpr [1] 2009 (5) ALD 58 (SC)