THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21147 of 1997 Dated:13.04.2007 Between N.Veeraju …..Petitioner and 1.The Director of Animal Husbandary Dept., AP Shantinagar, Hyderabad and others. …Respondent THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21147 of 1997 ORDER: This writ petition is filed seeking a Mandamus to direct the respondents 1 to 4 to regularize the services of the petitioner in the post of Refrigerator-cum-Compressor Mechanic in Piggery Development Project, Visakhapatnam with effect from 1.5.1995 i.e., the date on which a clear vacancy arose and to grant all consequential benefits i.e., seniority etc., as per law. It appears that the petitioner passed Technical High School Certificate examination in the month of October, 1978 and also passed Diploma in Mechanical Engineering in the year 1982 in the Government Polytechnic, Visakhapatnam. He underwent training in Bharat Heavy Plates and Vessels Limited, Visakhapatnam for a period of one year from 13.10.1984 to 12.10.1995 under the Apprenticeship Act 1973 as Technical Apprenticeship Engineering Diploma Holder. He also worked as a Supervisor in Triveni Structurals Limited, Visakhapatnam for a period of 13 months from 1st January, 1984 to 31st January, 1984. He also worked in Gopal Engineering Corporation, Visakhapatnam for one year i.e., from 13th October 1985 to 12th September, 1986. He had also worked as Supervisor in Aruna Industries, Visakahapatnam from 13th October, 1986 upto 9th May, 1989. After his working in private engineering companies upto the end of May, 1989, he was appointed as Technician on daily wage basis in Piggery Development Project, Visakhapatnam with effect from 21.6.1989. He was paid daily wages of Rs.76.80per day i.e., Rs.2,400/- per month. While that being so, the Government of Andhra Pradesh issued a notification in G.O.Ms.No.2359 Food and Agricultural (AHI) Depot, dated 30.07.1966 which was amended by G.O.Ms.No.1902 Food and Agricultural Department dated 20.09.1968 framing the rules in respect of the temporary post of refrigerator-cum-compressor Mechanic in the original pig breeding station. The said G.O contemplates appointment to the said post by direct recruitment by transfer and prescribed the qualification of diploma in Mechanical and Electrical Engineering or equivalent qualification with at least 3 years of experience in operation and maintenance or construction work on refrigerator-cum-compressor as mechanic. One S.V. Ranga Rao who was working as Refrigerator-cum- Compressor Mechanic was due to retire on 30-04-1995. In view of his retirement, the petitioner made an application dated 17.04.1995 to the 1st respondent to consider his case for appointment in the said vacancy on 30-04-1995. According to the petitioner, his case was recommended for the post of Refrigerator-cum- Compressor Mechanic as he had completed 5 years of regular service and fulfilled all the conditions laid down in G.O.Ms.212 Finance & Planning dated 22.4.1994. But the case of the petitioner was not considered stating that he does not fulfill the conditions laid down in G.O.Ms.No.212 Finance & Planning dated 22.4.1994. The second respondent as well as the Deputy Director, Piggery Development Project, Visakahaptnam also recommended the case of the petitioner for regularization, but it was not done. Hence, the present writ petition. A detailed counter-affidavit has been filed on behalf of the respondents. It is not in dispute that the case of the petitioner was recommended but was not considered as there was a ban on the general recruitment. Again, the petitioner applied for absorption as Refrigerator-cum- Compressing Mechanic by transfer on 17-08-1997 which was rejected stating that there was a ban on the recruitment and he being a casual labour, does not come under any regular category or class of service of Animal Husbandry Department and as such, he is not eligible for appointment by transfer to the RCCM in Animal Husbandry Department. Further it is stated that though his case was further recommended, he did not fulfill the criteria of 5 years of service as on 25.11.1993 as per G.O.Ms.No.212 dated 22-4-1994 and as such, his case for regularization was not considered. From the above, it is seen that the petitioner was working with effect from 21.6.1989 as Refrigerator-cum- Compressor Mechanic. Admittedly, the petitioner has not fulfilled the criterian of 5 years of service as on 25.11.1993. But in a catena of decisions of this Court, it was held that completion of 5 years of service by the employee as on the date of consideration of his case as per G.O.Ms.212 dated 22.4.1994 is sufficient and the same was also upheld by the Apex Court. Under those circumstances, the respondents are directed to consider the case of the petitioner for regularization of his service into any suitable post, within a period of two months, from the date of receipt of a copy of this order and communicate the same to the petitioner. Till such time, the services of the petitioner shall not be disturbed. With the above direction, the writ petition is disposed of. No costs. _________ 13-04-2007 rkk