THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.23238 of 2000 Date:02.12.2010 Between: Patamata Venkata Rao and another .. Petitioners And D.N.R. College, rep., by its President And Secretary and Correspondent, Bhimavaram, West Godavari Distrct and others .. Respondents ORDER: The petitioners filed this writ petition with the following prayer: “To issue a Writ, Order or Direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 1st respondent dated 22.01.1999 is illegal, arbitrary and violation of provisions of Articles 14, 16 and 21 of the Constitution of India and set aside the same and further declare the petitioners are entitle to regularisation and conversation as Class IV service with retrospective effect including all consequential and attendant benefits in terms of G.O.Ms.No.9, dated 01.08.1981 and other G.Os. Memos which were in force and further direct the respondents extend the above benefits within reasonable time in view of the 1st petitioner is retiring after one year and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” The grievance of the petitioners is that though they have completed more than five years of service as Games Peon in the 1st respondent College and possess the required qualifications of last grade services, neither their services are regularised as per G.O.Ms.No.212 dated 22.04.1994 nor their services in contingent posts are converted into regular post of Class IV employees as per G.O.Ms.No.9 dated 01.02.1980, and also that the proposals for regularisation of their services in relaxation of the educational qualifications are rejected, by the proceedings dated 22.12.1999 of the 1st respondent. Hence, this writ petition. In the counter affidavit filed by respondent Nos.2 to 4, it is stated that the petitioners never worked against aided sanctioned post in any capacity and never received any aid from the competent authority. It is further stated that the petitioners do not come under the purview of G.O.Ms.Nos.9 and 317 and, as such, the question of either conversion of their post into regular post or regularisation of their services does not arise. In the counter affidavit filed on behalf of the 1st respondent, it is stated that on the basis of the orders of the Government and the 4th respondent, the 1st respondent submitted proposals on 19.11.2008, for regularization of 25 employees including the petitioners herein. But, the Government, while regularising the services of only 12 employees vide G.O.Rt.No.1291 dated 09.12.1999, rejected the case of the petitioners by orders dated 08.12.1999, on the ground that they do not fulfil the statutory regulations as per the amendment issued to Act 2 of 1994 in Act 3 of 1998 and Act 27 of 1998. In the light of the aforesaid stand taken by the respondents in their respective counter affidavits, this Court is of the considered view that the relief claimed by the petitioners cannot be granted. Accordingly, this writ petition is dismissed. There shall be no order as to costs. ________________________________ GOPALA KRISHNA TAMADA, J 02.12.2010 KH