IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 135 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated in NO : OF on the file of the High Court.) Between: ..... APPELLANT AND ....RESPONDENT Counsel for the Appellant:MR.S.RAVINDRANATH Counsel for the Respondent: MR.P.RATTAIAH (NOT PRESENT) The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 135 of 2001 JUDGMENT: (Per Hon’ble Smt. Justice T.Meena Kumari) Heard the learned Counsel for the appellants. None appeared for the respondent. 2. The present Writ Appeal is filed against the orders in Writ Petition No.36947 of 1998, dated 01.03.2000, passed by a learned Single Judge of this Court. 3. The brief facts are: Earlier, the respondent filed a writ petition in W.P.No.4982 of 1998, wherein the claim put-forth by him was that he was an ex-casual labourer and that he was entitled to be considered for absorption of his services in terms of Memorandum No.OSD(P)/DMI/A3/1138/85-1, dated 26.08.1985. The said writ petition was disposed of by order dated 24.02.1998 directing the appellants herein to consider the case of the respondent herein as per the guidelines contained in the above Memorandum and further directing that if the respondent falls within the parameters of the said guidelines, to pass appropriate orders. It was also contended by the respondent that he was called for an interview on 03.06.1998, but however, his services were not absorbed. As such, the respondent filed the writ petition seeking declaration that the action of the 4th appellant in not considering his representation, dated 01.09.1998, in obedience to the abovementioned order, dated 24.02.1998, is illegal and arbitrary. It was contended before the learned Single Judge by the appellants that in view of the guidelines in B.P.Ms.No.36, dated 18.05.1997, the respondent was not entitled for absorption of his services as casual labourer as no balance posts were left after filling 50% vacant posts existing as on 18.05.1997. It was also contended that this Court had already rejected the said contention in a catena of decisions and also in J.VENKATESWARA RAO AND OTHERS v. APSEB, VIYUT SOUDHA, SOMAJIGUDA, HYDERABAD AND OTHERS[1]. In view of the fact that B.P.Ms.No.36 was issued on 18.05.1997 and the respondent has already filed Writ Petition No.4982 of 1998, on earlier occasion, wherein this Court had specifically directed the appellants to consider the case of the respondent for absorption, if he comes within the guidelines contained in the Memorandum dated 26.08.1985, and in view of the fact that B.P.Ms.No.36 has come into force later on, the learned Single Judge held that the right to be considered for absorption in terms of the guidelines accrued to the petitioner with reference to the guidelines issued in the Memorandum dated 26.08.1985 and B.P.Ms.No.36 cannot be made applicable to the present case of the petitioner. The learned Single Judge having observed so, allowed the writ petition. 4. Having regard to the facts and circumstances of the case, we are also of the opinion that the respondent has got the right to be absorbed and the case of the respondent has to be considered in pursuance of the earlier Memorandum dated 26.08.1985 by not taking into consideration the guidelines issued in B.P.Ms.No.36, dated 18.05.1998 as the same had come into force in the year 1997, nearly after a period of 12 years from the date of issuance of the Memorandum dated 26.08.1985 and in view of the specific direction in the earlier writ petition to consider the case of the respondent in terms of the Memorandum. In the above circumstances, we do not find any illegality or irregularity in the order passed by the learned Single Judge. 5. The Writ Appeal is, accordingly, dismissed. _______________________ T.MEENA KUMARI, J. Date: 30.06.2008. ______________________________ RAMESH RANGANATHAN, J. GS/ASP [1] 1999 (4) ALD 1