IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 3628 of 1996 Between: 1. Mogulothu Seethu Naik S/o. Raoji r/o. Mahadevpur, Karimnagar Dist. 2 Gogulothu Sammaiah Naik S/o. Dhani r/o. Mulug Warangal Dt. 3 Mogulothu Devu S/o. Raoji r/o. Mahadevpur Karimnagar Dist. 4 Kodari Mondaiah S/o. Sayanna r/o. Mahadevpur Karimnagar Dist. ..... PETITIONERS AND 1 State of A.P. rep.by its Secretary Legislative Affairs & Law Dept., Secretariat, Hyderabad. 2 The Girijan Co-op. Corp., Ltd., rep.by its Vice Chairman & M.D., Visakhapatnam. 3 The Divisional Manager The Girijan Co-op. Corp., Ltd., Eturunagaram Warangal. 4 The Branch Manager Girijan Co-op. Marketing Society Ltd., Mahadevpur Karimnagar Dt. 5 The Branch Manager Girijan Co-op. Marketing Society Ltd., Mulug Warangal. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or direction, declaring the action of the respondents 2 to 5 in not regularizing the services of the petitioners and in discontinuing their Service as illegal, arbitrary and contrary to G.O.Ms.No.212, dt: 22/4/1994 and to consequently direct the respondents to regularise the services of the petitioners by continuing them in service with all benefits, award costs. Counsel for the Petitioners: MR.K.RAGHUVEER REDDY Counsel for the Respondents: GP FOR COOPERATION The Court made the following : O R D E R: Four petitioners claiming continuous employment with the 2nd respondent- corporation since 1985 and the benefits of regularization under G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department, dated 22-04-1994, have filed the writ petition seeking regularization of their service in the 2nd respondent-corporation. The 2nd respondent-corporation has filed a counter affidavit contending that the petitioners’ services were utilized whenever there was work in the society of the respondents 3 to 5 on daily wage basis. It further pleaded that there are no vacancies in any of the respondents-society and that since the petitioners have not put in 5 years of service as on 25-11-1993, they are not eligible for regularization in terms of G.O.Ms.No.212, dated 22-04-2004. The counter affidavit also asserts that the 1st petitioner left the service of sub-depot in-charge in March 1995, 2nd petitioner in January,1995 and the other two petitioners in August 1994 and September, 1994 respectively. These assertions in the counter affidavit have not been denied in any subsequent pleadings, by the petitioners. In the above circumstances, the petitioners are not entitled to any relief of regularization of service in terms of G.O.Ms.No.212, dated 22-04-1994, as they were not in service as on the relevant date and as also they do not have the requisite five years of service as on the relevant date. The writ petition is devoid of merits and is accordingly dismissed. No costs. _____________ 17-11-2004. Mjl/* To 1. The Secretary, Legislative Affairs & Law Dept., Secretariat,Hyderabad. 2 The Vice Chairman & M.D., The Girijan Co-op. Corp., Ltd., Vice Chairman & M.D., Visakhapatnam. 3 The Divisional Manager, The Girijan Co-op. Corp., Ltd., Eturunagaram Warangal. 4 The Branch Manager Girijan Co-op. Marketing Society Ltd., Mahadevpur Karimnagar Dt. 5 The Branch Manager Girijan Co-op. Marketing Society Ltd., Mulug Warangal. 6. 2 CCs to G.P. for Co-operation, High Court buildings, Hyderabad. 7. 2 CD copies.