THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.12507 of 2000 Dated:29.08.2011 Between: K.V. Rama Rao .. Petitioner And The State of Andhra Pradesh, represented By its Principal Secretary to Government, Education Department, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.12507 of 2000 ORDER: The petitioner is a post graduate in M.A. History with 55.5% marks. He was appointed as a Part-time Lecturer and worked in different colleges from 1989 onwards. He filed O.A.No.1816 of 1996 before the Andhra Pradesh Administrative Tribunal, Hyderabad, (the Tribunal) seeking a declaration that G.O.Ms.No.221, Education (CE.I- 2) Department, dated 20.06.1995, insofar as it stipulates a cut off date of 30.07.1991/25.11.1993 for completion of 360/600 days for the purpose of regularization as also the prescription of 120 working days in an academic year, as illegal arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India, and to declare the action of the respondents in not considering the petitioner’s case for regularization, as illegal and a direction to regularize his services. The learned Tribunal considered the said O.A. along with 11 other cases. Following its earlier decision dated 03.07.1998 in O.A.No.6199 of 1996 and batch, O.A. was disposed of in terms thereof. In O.A.No.6199 of 1996 and batch, the learned Tribunal found fault with a cut off date and modified it as 31.03.1998 and disposed of with directions, to consider the case of the petitioner for regularization. In this O.A., the petitioner seeks a direction to the respondents to implement the orders in O.A.No.1816 of 1996 dated 21.09.1998; in effect to implement the orders in O.A.No.6199 of 1996 and batch. The learned counsel for the petitioner would contend that he has completed 600 working days as on 31.03.1998 in fact even before the said date and, therefore, non-regularization is illegal. The Commissioner of Intermediate Education has filed a counter affidavit inter alia submitting that the order of the learned Tribunal in O.A.No.6199 of 1996 and batch has been set aside by this Court in W.P.No.3475 of 1999 and batch dated 26.09.2001 and that the petitioner has not put in service of 360 days as on 30.07.1991 in three academic years and has not put in 600 days as on 25.11.1993 in five academic years. The Government Pleader for Services – I reiterated these submissions. The counsel for the petitioner has placed before this Court a statement showing the particulars of work done by the petitioner from 1989-1990 till 25.11.1993. This is a matter which has to be enquired into by the competent authority especially when the Commissioner himself, based on record, has come forward and submitted in the counter that the petitioner does not come within the purview of G.O.Ms.No.221, dated 20.06.1995. There is no dispute that the said G.O. directs regularization of only those Part-time Lecturers who have put in a service of 360 days in three academic years as on 30.07.1991 or 600 days in five academic years as on 25.11.1993 with or without breaks and continuing service as on 30.07.1991, or 25.11.1993. When any benefit is conferred by an executive order, it has to be construed generally as understood by the administrative Agency which issued the order or policy document (State of U.P. v. S.K. Theatre Production[1]). In view of the above reasons, we deem it appropriate to dispose of the writ petition in the following manner. (i) The petitioner is given liberty to submit a statement of the work done by him for the period from 1989-1990 to 1993-1994 (upto 25.11.1993) along with a representation to the Regional Joint Director (RJD), Rajahmundry, who shall verify the claim of the petitioner with reference to the material produced by him or if necessary for getting information from different colleges where the petitioner has worked during the relevant period; (ii) If the petitioner comes within the ambit of G.O.Ms.No.221, dated 20.06.1995, he shall submit a report to the Commissioner of Collegiate Education, Government of A.P., Hyderabad, who shall then pass appropriate orders; and (iii) The entire exercise as above shall be completed within a period of four weeks from the date of submission of representation by the petitioner. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ___________________ (K.G.SHANKAR, J) 29.08.2011 KH [1] (2007) 10 SCC 198