IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 1579 of 1999 Between: S.K.Khasim Saheb, S/o.Khasim Saheb Divisional Office, A.P.Staten Housing Corporation Ltd. Markapur, Prakasam Dist. ..... PETITIONER AND 1 A.P.State Housing Corporation Ltd., Rep.by its Managing Director H.No.3-6-184, Himayathnagar, Hyderabad 2 A.P.State Housing Corporation Ltd. Rep. by District Manager Ongole, Prakasam Dist. 3 B.Venkat Reddy, Office of Dy.Executive Engineer, A.P.State Housing Corporation Maddipadu, Prakasam Dist. .....RESPONDENT(S) 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 to isssue a Writ of Mandamus or any other appropriate order or direction declaring the proceedings bearing No.A7/4780/95-3 dt.26.10.98 of the 1st Respondent in rejecting the request of the Petitioner for regularisation of services as arbitrary, illegal, unjust and as in violation of principles of natural justice, and issue an consequential direction setting aside the said 1st respondent's proceedings and directing the 1st respondent to regularise the petitioner's services forthwith, Counsel for the Petitioner:MR.B.VISWANATHA REDDY Counsel for the Respondent No.: MR.T.RAMAKRISHNA RAO The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.1579 OF 1999 ORDER: The petitioner, a NMR Watchman working in the respondent Corporation, challenges the action of the respondent Corporation in rejecting his request for regularization of services, vide proceedings No.A7/4780/95-3 dated 26.10.1998. It is the case of the petitioner that he has been working as a Watchman in the respondent Corporation since the year 1984 and that he was entitled to regularization of his services under G.O.Ms.No.212 dated 22.04.1994. His request was rejected under the impugned proceedings on the ground that he was not appointed in a sanctioned post and that he did not fulfill the requirements stipulated under G.O.Ms.No.212 dated 22.04.1994, entitling him to seek regularization of his services. Aggrieved thereby, he filed the present writ petition. Heard Sri B.Viswanatha Reddy, learned counsel for the petitioner and Sri K.Mohan Rami Reddy, learned standing counsel for the respondent Corporation. When the writ petition was taken up for hearing, a copy of the order dated 14.07.2008 passed by a Division Bench of this Court in Writ Appeal No.961 of 2001 was placed before me. In the said case, the learned Division Bench was seized of an identical fact situation where a writ petition filed by a similarly situated Watchman had been allowed and the Corporation had preferred an appeal stating that there were no sanctioned posts enabling the Corporation to undertake regularization of services of such Watchmen. Taking note of the said submission and the proceeding dated 07.02.2006 of the Government rejecting the Corporation’s request for sanction of posts, the Division Bench observed that more than 2½ years had elapsed since the passing of the said proceeding and it was not known whether any vacancy was available in the sanctioned posts consequent to the retirement or resignation of regular employees. Keeping this possibility in mind, the Division Bench modified the order passed in the writ petition directing the Corporation to consider the case of the petitioner in that case for regularization of services in accordance with G.O.Ms.No.212 dated 22.04.1994 as and when regular vacancies arose in the existing sanctioned posts or when the Government accorded sanction for additional posts. The learned counsel appearing for the petitioner prayed that a similar order may be passed in favour of his client also. Accepting this request, the respondent Corporation is directed to consider the case of the petitioner for regularization of his services in accordance with G.O.Ms.No.212 dated 22.04.1994 as and when regular vacancies arise in the existing sanctioned posts or when the Government accords sanction for additional posts. As the petitioner is stated to be still working, I consider it appropriate to direct the respondent Corporation to continue the petitioner in service till his services are regularized in accordance with the aforestated direction. The writ petition is accordingly disposed of. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 18th April, 2009. VGSR