THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 404 of 2003 Between: The State of A.P., Rep. by its Education Secretary (Higher Education), Secretariat Buildings, Hyderabad & Another. ..... PETITIONERS AND Guduri Rubeen & Another. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.404 OF 2003 JUDGMENT: (Per Hon’ble Sri Justice Vilas V.Afzulpurkar) This writ appeal is by the State against the orders of learned single Judge of this Court, dated 19.1.2001 allowing W.P.No.9650 of 1997. The said writ petition was filed questioning the inaction of the appellants herein in regularizing-absorbing the services of the first respondent herein as Lab Attender in the college of the second respondent herein. The case of the writ petitioner-first respondent herein was that he was appointed as a Games Peon in the second respondent college in the year 1981 on a consolidated pay of Rs.380/- per month. As on the date of writ petition, he was being paid consolidated amount of Rs.1,000/- per month. He claimed that he had made a representation seeking conversion to the post of Attender in regular vacancy and claimed regularization. On the ground that no orders are passed on his representation, he approached this Court by filing the above writ petition seeking relief under G.O.Ms.No.212, dated 22.4.1994. Under the impugned order, learned single Judge found that the first respondent is entitled to claim regularization and accordingly, directed the appellants herein to pass necessary orders on the proposals of correspondent of the second respondent college herein, dated 15.11.1996 and 3.2.1997 and accord approval to permit the College to appoint the first respondent herein as an attender or Laboratory Boy within four weeks. Learned single Judge passed the said directions holding that the relief sought for in the writ petition is covered by the earlier orders of this Court in W.P.No.7174 of 1997, dated 8.12.2000 and accordingly allowed the writ petition. Heard the learned Government Pleader for the appellants and learned counsel for the first respondent. The issue involved in the writ petition is now no more res integra in view of the decision of the Hon’ble Supreme Court in A. Manjula Bhashini and Others v. Managing Director, Andhra Pradesh Women’s Cooperative Finance Corporation Limited and Another [1]. Secondly, the directions issued by the learned single Judge directing the appellants herein to accord approval and permit the first respondent herein to be appointed as Attender or Laboratory Boy and directing his regularization, is clearly not sustainable. This Court would not direct appointment of the writ petitioner herein to a particular post nor it could direct regularization of an employee who is working on consolidated pay de hors the scheme of regularization under G.O.Ms.No.212, dated 22.4.1994. Therefore, we are of the view that in view of the declaration of law laid down by the Hon’ble Supreme Court in the case of A. Manjula Bhashini and Others referred to supra, the writ of mandamus issued under the impugned order is not sustainable and the same is modified as under: ‘If the first respondent is eligible for consideration under the scheme of the aforesaid G.O.Ms.No.212, dated 22.4.1994, it is for him to approach the appellants through the second respondent college and seek appropriate relief as to regularization subject to his fulfilling the requirements under the said scheme.’ The Writ Appeal is accordingly disposed of. No order as to costs. ________________ A. GOPAL REDDY, J. _______________________ FEBRUARY 25, 2010 VILAS V. AFZULPURKAR, J. Tsr. [1] (2009) 8 SCC 431