HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.25610 of 1998 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: k.Hanuma Reddy ….PETITIONER(S) and The Government of A.P., rep. by its Prl. Secretary, Education Dept., Secretariat Bldgs., Hyderabad and others …RESPONDENT(S) HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.25610 of 1998 ORDER: (PER SRI JUSTICE V.ESWARAIAH) In this petition, the petitioner, who was working as part-time lecturer, seeks to declare, by way of mandamus, the paragraph 9(5) of G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997 in so far as fixing the cut off date for counting the eligibility for regularization and insisting the service as part time lecturer in private aided college as illegal and unconstitutional and consequently to direct the respondents to regularize his services as Lecturer in Physics in the aided vacancy of the 4th respondent college with all consequential benefits. Heard the learned counsel for petitioner and the learned Government Pleader for Higher Education. The case of the petitioner is that he passed M.Sc. in Mathematics with 58.8% marks in 1992 and later he worked as lecturer in Mathematics in a college at Guntur on consolidated pay till 14.08.1996 and later he was appointed as part-time Lecturer in Mathematics in the 4th respondent College on 16.08.1996 and is continuing as such. It is his contention that prior to issuing G.O.Ms.No.328 referred to above, the Government vide G.O.Ms.No.221 dated 23.03.1995 issued comprehensive orders for regularization of the part-time lecturers and according to that G.O. he is eligible to be regularized as Lecturer. While so, his case for regularization of service was not considered on the ground that he did not put in the minimum required service as laid down in para 9(5) of G.O.Ms.No.328 dated 15.10.1997. As can be seen from G.O.Ms.No.212 Finance & Planning (FW.PC.III) Department dated 22.04.1994, the Government, keeping in view the judgment of Supreme Court in Civil Appeal No.2979 of 1992 dated 12.08.1992 and batch, decided that services of such persons who worked continuously for a minimum period of 5 years and are continuing as on 25.11.1993 be regularized by the appointing authorities subject to fulfillment of certain conditions. Admittedly, the petitioner was appointed as Lecturer on 16.08.1996 and so, it is clear that he has not fulfilled the required criteria of five years continuous service as on 25.11.1993 to seek regularization of his service. Admittedly, the Government has issued orders in G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997 notifying the criteria for regularization of service. As per para 9(5) thereof, only those who have put in a service of 3 academic years as on 30.07.1991 or 5 academic years as on 25.11.1993, as the case may be, and also continuing in service on the date of issue of those orders are eligible for regularization. Admittedly the petitioner is not in service on the date of issuance of G.O.Ms.No.328. The Apex Court in A.MANJULA BHASHINI AND OTHERS VS. THE MANAGING DIRECTOR, A.P. WOMEN’S COOPERATIVE FINANCE CORPORATION LTD. AND ANOTHER[1] upheld the validity of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 (for short `the 1994 Act') by Amendment Act Nos.3 and 27 of 1998, so also the cut off date as fixed for continuance of their service subject to the required period of service as on 25.11.1993. In view of the aforesaid judgment of the Apex Court and the averments made in the counter affidavit, we do not find any illegality or infirmity in the impugned order as the claim of the petitioner does not fit into the required criteria, and therefore the petitioner is not entitled for the relief sought and the writ petition is devoid of merits and hence is liable to be dismissed. The writ petition is accordingly, dismissed. The interim order granted earlier stands vacated. No order as to costs. ___________________ V.ESWARAIAH, J _______________________ R.SUBHASH REDDY, J ___________________________ VILAS V.AFZULPURKAR,J 12th OCTOBER 2009 KPR/CVRK [1] 2009(5) ALD 58 (SC)