IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4591 of 2008 Between: 1 G. Somamma, W/o. Narasimha Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 2 Ch. Yellamma, W/o. Nagaiah Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 3 N. Mallaiah S/o. Pitchaiah Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 4 Sk. Lal Mohammed S/o. Ramzan Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 5 P. Mattamma W/o. Gurava Reddy Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 6 B. Kanakamma W/o. Venkata Reddy, Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 7 K. Linga Raju W/o. Biksham, Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 8 D. Srinivas Naik, S/o. Jamla Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 9 Ch. Ramakrishna S/o. Gurunatham Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. 10 Shaik Madina W/o. Late Madar Residential Junior College (Girls), Damaracherla, Nalgonda District. R/o. Damaracherla Village, Nalongda District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh rep. by its Secretary, Tribal Welfare Department, Secretariat, Secretariat buildings, Hyderabad. 2 The Member Secretary, A.P. Tribal Welfare Residential Education Institutions Society, Masab Tank, Hyderabad. 3 The Principal, A.P. Tribal Welfare Residential Junior College (Girls), Damaracharla, Nalgonda District. 4 The Principal, A.P. Tribal Welfare Residential School (Girls), Damaracharla, Nalgonda District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, Order or direction preferably one in the nature of Writ of Mandamus, declaring the action of the Respondents in not regularizing the services of the petitioners as arbitrary, illegal and contrary to law and consequently direct the respondents to regularize the services of the petitioners herein with all attendant benefits etc., while directing the respondents No.3 and 4 herein to continue the petitioners herein as usual pending regularization of their services; and pass such other or further orders as are necessary. Counsel for the Petitioner:MR.T.BALAJI Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : ORDER: The petitioners were appointed by the A.P.Tribal Welfare Residential Educational Institutions Society, on contract basis, in various capacities. They plead that inasmuch as they were subjected to selection and were posted against clear vacancies, they are entitled to be regularized. They seek directions in this regard. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. The very appointment of the petitioners was on contractual basis. Even if it was against clear vacancies, much would depend upon policy decisions that the society intends to take. The apprehension of the petitioners that their services would be discontinued in the middle of the academic year is belied by the respondents. Learned Standing Counsel for the respondents has represented by this Court that the society would not discontinue the services of the petitioner till the end of this academic year. In fact, the circular, dated 31.10.2007, is clear on this aspect. The petitioners have already made representations to the society for regularizing their services. It is for the employer to take a decision on this aspect and this Court cannot issue any directions. Hence, the Writ Petition is disposed of, directing the respondents to continue the petitioners in service till the end of the academic year and the nature of rights of the petitioners beyond that date would depend upon the decision which the society may take on consideration of the representation made by the petitioners. There shall be no order as to costs. ____________________ Dt.24.03.2008 L.NARASIMHA REDDY, J GJ To 1 The Secretary, Government of Andhra Pradesh, Tribal Welfare Department, Secretariat, Secretariat buildings, Hyderabad. 2 The Member Secretary, A.P. Tribal Welfare Residential Education Institutions Society, Masab Tank, Hyderabad. 3 The Principal, A.P. Tribal Welfare Residential Junior College (Girls), Damaracharla, Nalgonda District. 4 The Principal, A.P. Tribal Welfare Residential School (Girls), Damaracharla, Nalgonda District. 5.2CCs to the Government Pleader for Social Welfare, High Court Buildings, Hyderabad. 6.2CD copies