THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.2195 of 2003 Between: The Pay and Accounts Officer, Telugu Ganga Project, Kadapa & others. ..... PETITIONER AND P.Bhavani Bai. .....RESPONDENT THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO. 2195 of 2003 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) 1. This writ petition is filed challenging the order dated 25.09.2001 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 2217 of 2000. 2. According to the writ petitioners, the respondent was engaged as a watch woman, vide proceedings dated 14.06.1984, for a period of two months. After expiry of the two month period, her services were dispensed with and she was again engaged as water woman, vide proceedings dated 17.08.1985, on daily wage basis. Subsequently, her services were dispensed with and she was re-engaged with effect from 19.08.1986, vide proceedings dated 20.08.1986. 3. According to the respondent, she was appointed as a full- time contingent employee on 14.06.1984 in a regular vacancy and was paid daily wages. She filed O.A.No.24263 of 1991 before the Andhra Pradesh Administrative Tribunal, Hyderabad, seeking to regularize in Class-IV category. The Tribunal, by an order dated 03.01.1995, directed the writ petitioners to consider the case of the respondent in terms of G.O.Ms.No.212, dated 22.04.1994, and pass appropriate orders. The respondent was regularized with effect from 30.03.2000 and she was issued proceedings dated 07.04.2000 seeking recovery of the excess salary paid. Questioning the same, the respondent filed another O.A.No. 2217 of 2000 with M.A.No.2833 of 2001 before the Andhra Pradesh Administrative Tribunal, Hyderabad, to set aside the proceedings dated 07.04.2000 of the first respondent seeking recovery of Rs.67,061/- for the period from 11/92 to 29.03.2000 and to regularize her services with effect from the date of completion of five years of service 4. The Tribunal, by an order dated 25.09.2001, set aside the recovery proceedings dated 07.04.2000 and allowed the O.A. As the Tribunal allowed the O.A., the writ petitioners shall take up the fresh exercise to consider the case of the respondent for regularization of her services immediately after expiry of the five years, in the light of G.O.Ms.No. 212, dated 22.4.1994, and pass appropriate orders, in accordance with law. Since the respondent is entitled for regularization immediately after completion of five years of service, the salary paid prior to the date of regularization will also have to be taken into account and the question of recovery will arise only if any regular scale is paid prior to regularization. 5. Accordingly, the writ petition is disposed of. No order as to costs. _________________________ JUSTICE V. ESWARAIAH __________________________________ JUSTICE VILAS V. AFZULPURKAR Date 24.08.2009 usd