HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.26093 of 1998 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: Smt.D.K. Usha ….PETITIONER(S) and Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Education Dept., Secretariat, 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.26093 of 1998 ORDER: (PER SRI JUSTICE R.SUBHASH REDDY) In this writ petition, the petitioner seeks direction by way of mandamus to direct the respondents to regularize her services as a Lecturer in Economics in the 4th respondent’s college. Heard the learned counsel for petitioner and the learned Government Pleader for Higher Education. The 1st respondent Government has notified the criteria for regularization of the services of part-time lecturers in G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997. 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. Even as per the affidavit filed by the petitioner in support of the writ petition, it is submitted that the petitioner is intermittently appointed at different periods for different payments, but there is no allegation of her being in continuous service to seek regularization of her service. In any event, even as per the orders notified by the Government in G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department dated 22.04.1994, the petitioner has not fulfilled the minimum required criteria to seek regularization. In that view of the matter, we do not find any merit in the writ petition. Further, it is also to be noted that while admitting the writ petition on 19.1.1999, this Court granted interim direction in W.P.M.P.No.31663 of 1998 to continue the petitioner. But, after hearing the respondents, this Court by order, dated 15.04.1999 in W.V.M.P No.1177 of 1999 vacated the said interim orders. Further it is also submitted that the writ petitioner is not in service since then. 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, the petitioner has not fulfilled the criteria laid down in the G.O., referred to above, the petitioner is not entitled for the relief sought and the writ petition is devoid of merits and is liable to be dismissed. The writ petition is accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH, J _______________________ R.SUBHASH REDDY, J ___________________________ VILAS V.AFZULPURKAR,J 12th OCTOBER 2009 KPR/CVRK HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.26093 of 1998 (PER SRI JUSTICE R.SUBHASH REDDY) 12th OCTOBER 2009 KPR/CVRK [1] 2009(5) ALD 58 (SC)