HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21295 of 2003 Date: October 25, 2010 Between: Y. Esmail … Petitioner And 1. The Managing Director, A.P. State Housing Corporation Ltd., Hyderabad & 3 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21295 of 2003 ORDER: The petitioner, a watchman in the service of the A.P. State Housing Corporation Ltd., assails its proceedings dated 29.8.2003 whereby his request to regularize his services was rejected. 2. By order dated 14.10.2003 this Court, taking note of the fact that the petitioner was still in service directed the Corporation to continue him in the post held by him as on that date. 3. It is represented that the matter is squarely covered by the order dated 14.7.2008 passed by a Division Bench of this Court in W.A. No.961 of 2001, a copy of which is placed before me. The Division Bench was dealing with an appeal filed by the Corporation aggrieved by the direction of the learned single Judge to regularize the services of the petitioner-watchman in that case. The Division Bench, having been apprised of the fact that the Corporation’s request for sanction of additional posts had been rejected by the Government, went on to observe that more than 2 ½ years had elapsed since the said rejection and the vacancy position obtaining due to retirement or resignation of regular employees was not known. In such circumstances, the Division Bench directed the Corporation to consider the case of the petitioner- watchman in that case for regularization in service in accordance with G.O.Ms.No.212, Finance & Planning (FWPC III) Department, dated 22.4.1994 as and when a regular vacancy arose in the existing sanctioned posts or in the event, the Government accorded permission for additional sanctioned posts. The Bench further directed that till such confirmation and regularization, the watchman should be continued in service. 4. As the petitioner in the present case entered the service of the Corporation as a watchman in the year 1987 and on the face of it, fulfilled the requirement of having put in five years in service by 25.11.1993, as required under G.O.Ms.No.212 dated 22.4.1994, the writ petition is disposed of in terms of and in accordance with the Division Bench order dated 14.7.2008 in W.A. No.961 of 2001. The impugned proceeding dated 29.8.2003 rejecting the petitioner’s request for regularization is accordingly set aside. The Corporation is directed to consider the case of the petitioner for regularization of his service in accordance with G.O.Ms.No.212 dated 22.4.1994 and the relevant rules, considering his status as a reservation candidate, as and when a regular vacancy arises in the existing sanctioned posts or if additional sanctioned posts are permitted by the Government. As the petitioner was continued in service pursuant to the interim order of this Court, the Corporation shall continue him in service till his case is considered in accordance with G.O.Ms.No.212 dated 22.4.1994 and his services are regularized in a sanctioned vacancy. 5. The writ petition is allowed. In the circumstances of the case, there shall be no order as to costs. ___________________ SANJAY KUMAR, J Date: October 25, 2010. BSB