IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Appeal No. 1343 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/01/2001 in Writ Petition No.3318 of 2000 on the file of the High Court.) Between: 1) The Andhra Pradesh Scheduled Caste Cooperative Finance Corporation Ltd., rep. By its Managing Director, Telugu Samkshema Bhavan, Masab Tank, Hyderabad. 2) The Executive Director, District Scheduled Caste Service Cooperative Society Ltd., Guntur. 3) The District Collector & Chairman, Dist. Scheduled Caste Service Cooperative Society Ltd., Guntur. 4) TheExecutive Engineer, District Scheduled Caste Service Cooperative Society Ltd., Guntur. ... APPELLANTS AND 5) K. Balakrishna S/o. Venkaiah, aged about 34 years, NMR, R/o. Guntur, Working as Attender in O/o.The Executive Engineer, Dist. Scheduled Castes Service Coop. Society Ltd., Guntur. 6) Govt. of A.P. Rep. Byits PrincipalSecretary, Finance and Planning Department, Secretariat, Hyderabad. ...RESPONDENTS Counsel for the Appellants: MR. M. GANGA RAO Counsel for Respondent No.1: MR.CH. SATISH KUMAR The Court made the following: ORAL JUDGMENT: (per Shri Anil R. Dave, Hon’ble the Chief Justice) 1. The appellants are the original respondents and they are aggrieved by the order dated 17.1.2001 passed by the learned Single Judge in Writ Petition No.3318 of 2000. 2. By virtue of the impugned order, it has been directed that service of respondent No.1 – original petitioner should be regularised with effect from 25.11.1993 without insisting for existence of clear vacancy as stipulated in G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated 22.4.1994. 3. Being aggrieved by the afore-stated direction with regard to regularisation of respondent No.1 – original petitioner, this appeal has been filed by the original respondents, who are employers of the original petitioner. 4. So as to help the daily wagers, the State of Andhra Pradesh had issued G.O.Ms.No.212, dated 22.4.1994. By virtue of the said G.O., it was directed that those daily wagers, who were performing their duties as daily wagers and had worked continuously at least for five years as on 25.11.1993 should be regularised in service, provided there were clear vacancies at the time when the services of such daily wagers were to be regularised. 5. The learned Single Judge has given a direction that respondent No.1 employee should be regularised in service with effect from 25.11.1993 as and when he had completed five years of service without insisting for existence of clear vacancy, as stipulated in clause 5 of G.O.Ms.No.212, dated 22.4.1994. The said direction is against the spirit of G.O.Ms.No.212, dated 22.4.1994 and the judgment delivered by the Hon'ble Supreme Court in the case of A. Manjula Bhashini v. The Managing Director, A.P. Women's Cooperative Finance Corporation Ltd.[1]. 6. The learned advocate appearing for the appellants – original respondents has submitted that respondent No.1 – original petitioner had not completed five years of continuous service as a daily wage Attender and there was no vacancy in the cadre of Attenders on the cut-off date viz., 25.11.1993 and even no vacancy had arisen thereafter till the date of the order so that the said daily wagers could have been regularised in service. In the circumstances, the learned Single Judge could not have given a direction with regard to regularisation of service of respondent No.1 in the absence of any clear vacancy. 7. Upon hearing the learned advocates and looking to the facts of the case as well as the contents of G.O.Ms.No.212, dated 22.4.1994 and the judgment of the Hon'ble Supreme Court in A. Manjula Bhashini v. The Managing Director, A.P. Women's Cooperative Finance Corporation Ltd. (supra), we are of the view that the learned Single Judge could not have given a direction with regard to regularisation of respondent No.1, when existence of a clear vacancy was one of the conditions for regularisation of a daily wager and such a clear vacancy was not available . 8. In the circumstances, we quash and set aside the impugned order passed by the learned Single Judge. The appeal is accordingly allowed with no order as to costs. ANIL R. DAVE, CJ August 26, 2009 C.V. NAGARJUNA REDDY, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {VSMI} [1] Civil Appeal No.3702 of 2006, decided on 6.7.2009 (B.N. Agrawal & G.S. Singhvi, JJ) (SC)