THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD W.P.No.1893 of 2010 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking a writ of certiorari to quash the memo dated 08.02.2005 issued by the third respondent and the order dated 23.10.2009 passed in O.A.No.3883 of 2005 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). 2. The brief facts of the case are as follows; The petitioners were appointed as Part Time Sweepers on a fixed wage of Rs.75/-per month by the third respondent vide proceedings dated 24.01.1981 and are continuing uninterruptedly. They stated that though they sought for regularization of their services by relaxing the minimum education qualification, the respondents did not choose to do so. Hence, the petitioners and another filed O.A.No.934 of 1994 before the Tribunal, which in turn disposed of the same on 13.12.1994 directing the respondents to verify the service particulars of the applicants therein in terms of G.O.Ms.No.212 dated 22.04.1994 and take action accordingly within six months. Thereafter, the respondents issued memo dated 02.01.1999 rejecting the case of the petitioners on the ground that they did not possess the requisite educational qualifications. Aggrieved by the same, they filed O.A.No.3136 of 1999, which was disposed of by the Tribunal on 22.01.2004 directing the respondents to consider their case for relaxation of minimum educational qualification on equity grounds within one month from the date of receipt of the representation from the petitioners. In compliance of the said direction, the third respondent has considered the case of the petitioners, but rejected their claim on the ground that the petitioners do not fall under G.O.(P) No.112 dated 23.07.1997, vide memo dated 08.02.2005, which was challenged by the petitioners by filing O.A.No.3883 of 2005 and the same was dismissed by the Tribunal on 23.10.2009. Aggrieved by the same, the petitioners filed the present writ petition. 3. The third respondent filed counter-affidavit stating that as the petitioners are Part Time Sweepers, they do not come under the purview of G.O.Ms.No.212 dated 22.04.1994 and fulfill the minimum qualifications prescribed in Andhra Pradesh Last Grade Service Rules, 1992 (for short ‘the Rules’) as well as G.O.(P) No.112, dated 23.07.1997. It is further stated that there is no provision for relaxation of educational qualifications prescribed in G.O.Ms.No.212 dated 22.04.1994. 4. Learned counsel for the petitioners contended at the time of appointment of the petitioners as Part Time Sweepers, no minimum educational qualification was prescribed by the respondents and that inasmuch as they are working as part time employees since two decades, their case should be considered for regularization of their services by relaxing the minimum education qualification. 5. Learned Government Pleader for Services-I while reiterating the counter averments, submitted that there is only one Sweeper post in the staff pattern and that the power of relaxation of minimum educational qualification is vested with the first respondent. 6. Heard the learned counsel for the petitioners and the learned Government Pleader for Services-I. 7. The petitioners were appointed as Part Time Sweepers on 24.01.1981. Admittedly, at the time of their appointment, no minimum educational qualification was prescribed by the respondents. Even as per the Rules, the qualification for the post of Sweeper is that the candidate must be able to read and write Telugu, Urdu, English and Hindi. In view of the same, the petitioners claim for regularization of their services by way of conversion into Last Grade Service by relaxing the minimum educational qualification should be considered. In this connection, the petitioners filed O.A.No.3136 of 1999. While disposing of the same, the Tribunal in its order dated 22.01.2004 clearly held that G.O.Ms.No.212 dated 22.04.1994 is not applicable to Part Time Sweepers and that as per Condition No.6 of 6th paragraph of G.O. (P).No.112 dated 23.07.1997, if there are two candidates, one part time and the second one a full time employee (daily wage employee) of any category or name and there exists only one vacancy, the senior most between the two in terms of continuous service already rendered prior to 25.11.1993 treating two years of part-time service as one year of full time service, relative seniority will be calculated and regularization will be suggested for the senior among the two candidates and accordingly, directed the respondents that relaxation may be given of the minimum educational qualification on equity grounds on the applications being filed by the applicants therein within a period of one month from the date of receipt of the said order. At this juncture, it is to be noted that the respondents did not file any appeal against the said order passed by the Tribunal. Therefore, the same has attained finality. However, while considering the case of the petitioners, the respondents rejected their claim vide memo dated 08.02.2005, which in our view is illegal and arbitrary. That apart, though O.A.No.3136 of 1999 and O.A.No.3883 of 2005 were filed by the petitioners for the self same relief, the Tribunal in the former O.A. passed orders in favour of the petitioners but dismissed the latter O.A. This action of the Tribunal cannot be sustainable in law. Therefore, we are of the opinion that both the impugned memo issued by the third respondent and the order passed by the Tribunal in O.A.No.3883 of 2005 are liable to be set aside and are accordingly, set aside. 8. However, in view of the stand taken by the third respondent in the counter affidavit that there is no provision for relaxation of educational qualifications prescribed in G.O.Ms.No.212 dated 22.04.1994 and the power of relaxation of minimum educational qualification is vested with the first respondent, as submitted by the learned Government Pleader, and as the Tribunal recorded a finding in O.A.No.3136 of 1999 that the said G.O. is not applicable to the Part Time Sweepers and that no minimum educational qualification is prescribed for the post of Sweeper as per the Rules, we deem it appropriate to direct the third respondent to forward the relevant service particulars of the petitioners to the first respondent for taking appropriate action in the matter within a period of two months from the date of receipt of a copy of this order. 9. With the above direction, the Writ Petition is disposed of. No order as to costs. ______________________ GHULAM MOHAMMED, J ____________________ G.BHAVANI PRASAD, J Date:25.03.2010 sj