HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.2455 OF 2003 Dated: 10.03.2011 Between: RAJENDRA SINGH & OTHERS. ..... PETITIONER AND STATE OF A.P REP BY ITS PRINCIPAL SECRETARY & OTHERS .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.2455 OF 2003 ORDER: The writ petition is filed by the petitioners seeking for issuance of writ of mandamus to declare the impugned proceedings in Rc.No:G5/19/2000, dated 27.3.2002 as illegal and arbitrary and consequently, to direct the 1st and 2nd respondents to sanction the required number of non teaching posts to the 3rd respondent-Institution as per the pattern fixed by the Government of Andhra Pradesh vide G.O.Ms.No:2063, Education, dated 25.8.1996 and regularize the services of the petitioners in their respective posts with back wages and other attendant benefits keeping in view G.O.Ms.No:212 (F & P) dated 22.4.1994. The case of the petitioners is that they are working as Attenders and Sweepers in the 3rd respondent-Institution. The 1st petitioner was appointed as Attender on 2.11.1987, 2nd petitioner was appointed as Sweeper on 6.7.1990, 3rd petitioners was appointed as Sweeper on 2.7.1984, 4th petitioner was appointed as Attender on 3.12.1990 and 5th petitioner was appointed as Attender on 3.9.1992 on the consolidated pay of Rs.950/-, Rs.400/-, Rs.900/-, Rs.600/- and Rs.500/- respectively. The Government issued G.O.Ms.No:2063, Education dated 25.8.1969 contemplating the staffing pattern in the Junior Colleges. But, there is no such pattern of employees in the 3rd respondent-Institution as contemplated under G.O.Ms.No:2063, dated 25.8.1969. It is their further case that the Government of Andhra Pradesh issued G.O.Ms.No:212, dated 22.4.1994 formulating the scheme of regularization of N.M.Rs and part time employees working in the organization and Institution etc. One of the pre conditions under the said G.O is that the employee must be in service as on 25.11.1993 by completing 5 years of regular service and all the petitioners have complied with the said condition. It is their further case that as per G.O.Ms.No:362, dated 7.10.1994, certain temporary non teaching staff of private aided institutions in the State of Andhra Pradesh are entitled for minimum time scales and therefore, the petitioners who come under the purview of the said G.O are entitled to get at least minimum time scale till their regularization of services in the 3rd respondent-Institution. It is their further case that on the earlier occasion, the petitioners approached this Court by way of filing W.P.No:12676 of 1999 seeking a direction to regularize their services in the 3rd respondent-Institution and the same was allowed on 20.1.2001. But, the official respondents challenged the said order and preferred W.A.1992 of 2001 and the same was disposed of by a Division Bench of this Court on 2.1.2002 in accordance with the judgment reported in SECRETARY A.P. SOCIAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY VS. P.VENKATA KUMARI ([1]). However, taking advantage of the judgment (citation 1 supra), the official respondents once again rejected the case of the petitioners for regularization. Hence, the present writ petition is filed by the petitioners. Heard No counter has been filed by the respondents. The facts that remain undisputed are that the petitioners are working as Attenders and Sweepers in the 3rd respondent-Institution and the 1st petitioner was appointed as Attender on 2.11.1987, 2nd petitioner was appointed as Sweeper on 6.7.1990, 3rd petitioner was appointed as Sweeper on 2.7.1984, 4th petitioner was appointed as Attender on 3.12.1990 and 5th petitioner was appointed as Attender on 3.9.1992 on the consolidated pay of Rs.950/-, Rs.400/-, Rs.900/-, Rs.600/- and Rs.500/- respectively. The Government issued G.O.Ms.No:2063, Education dated 25.8.1969 contemplating the staffing pattern in the Junior Colleges. But, there is no such pattern of employees in the 3rd respondent-Institution as contemplated under G.O.Ms.No:2063, dated 25.8.1969. The main thrust of the argument of the learned counsel for the petitioners is that the Government of Andhra Pradesh issued G.O.Ms.No:212, dated 22.4.1994 formulating the scheme of regularization of N.M.Rs and part time employees working in the organization and Institution etc and one of the pre conditions under the said G.O is that the employee must be in service as on 25.11.1993 by completing 5 years of regular service and all the petitioners have complied with the said condition and therefore, they are entitled for regularization of their services. At this stage, it is relevant to go through the G.O.Ms.No:2063, Education (V) Department, dated 25.8.1969 which contemplates the staffing pattern in the Junior Colleges. The G.O analyses the staffing pattern of non teaching staff as under: 1.One physical Director. 2.One Graduate Librarian. 3.One Upper Division Clerk. 4.One Lower Division Clerk. 5.One Typist. 6.Three Attenders (one for Physical Sciences, One for Biological Sciences and One for Office) 7.Three Peons. It is the case of the petitioners that there is no sufficient staffing pattern as per G.O.Ms.No:2063, in the 3rd respondent Institution in so far as the posts of Attenders and Peons are concerned. Apart from that, under the impugned proceedings, the case of the petitioners has been rejected on the ground that there are no existing vacancies, without considering the staffing pattern as contemplated under G.O.Ms.No:2063. It is the case of the petitioners that the 3rd respondent-Institution has once again sent the proposals on 19.11.2002 seeking permission to fill up the posts as per the staffing pattern as contemplated under G.O.Ms.No:2063 and the said proposals are pending. It is to be noted that the writ petition is of the year 2003 and consequent to the rejection of the cases of the petitioners by the impugned proceedings in the year 2002, at this length of time, the necessity would have been arisen for more vacancies, which have to be considered by the respondents-authorities. For the failure to comply with G.O.Ms.No:2063, it is only due to the lapse on the part of the official respondents. In this view of the matter and in view of the fact that the petitioners are working since a long time and the proposals sent by the 3rd respondent Institution are still pending with the official respondents and in view of the orders issued by the Government in the G.Os referred to above, I am of the view that the impugned proceedings are unsustainable and thereby, they are set aside. Consequently, the respondents are directed to take necessary steps for considering the cases of the petitioners for regularization of their services and pass appropriate orders in accordance with law, within a period of six (6) months from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. ______________________ Justice G. Chandraiah Dated: 10.03.2011 Gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.2455 of 2003 Dated: 10.03.2011 [1] 2001 (3) ALT 366