HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.25514 of 1998 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: T.Sreeramulu ….PETITIONER(S) and The Govt. of A.P., rep. by its Prl. Secretary, Education Dept., Secretariat Bldgs., Hyderabad and others …RESPONDENT(S) HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.25514 of 1998 ORDER: (PER SRI JUSTICE V.ESWARAIAH) In this petition, the petitioner, who was working as part-time lecturer in Physics, seeks to declare, by way of mandamus, the paragraph 9(5) of G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997 in so far as fixing the cut off date for counting the eligibility for regularization and insisting the service as part time lecturer in private aided college as illegal and unconstitutional and consequently to direct the respondents to regularize his services as Lecturer in Physics in the aided vacancy of the 4th respondent college with all consequential benefits. Heard the learned counsel for petitioner and the learned Government Pleader for Higher Education. The case of the petitioner is that he was appointed as Lecturer in Physics on consolidated pay in the 4th respondent college on 23.10.1990 and is continuing as such. It is his contention that prior to issuing G.O.Ms.No.328 referred to above, the Government vide G.O.Ms.No.212 dated 22.04.1994 issued comprehensive orders for regularization of the part-time lecturers and according to that G.O. he is eligible to be regularized as Lecturer. As can be seen from G.O.Ms.No.212 Finance & Planning (FW.PC.III) Department dated 22.04.1994, the Government, keeping in view of the judgment of the Supreme Court in Civil Appeal No.2979 of 1992 dated 12.08.1992 and batch, decided that the services of such persons who worked continuously for a minimum period of 5 years and are continuing as on 25.11.1993 be regularized by the appointing authorities subject to fulfillment of certain conditions. Therefore, it is clear that the petitioner has not fulfilled the required criteria of five years continuous service as on 25.11.1993 to seek regularization of her service. The petitioner also challenged the conditions stipulated in para 9(5) of G.O.Ms.No.328 Education (CE-III) Department, dated 15.10.1997, wherein it is stated that for being eligible for regularization of service, a part-time Lecturer must have put in a service of 3 academic years as on 30.07.1991 or 5 academic years as on 25.11.1993 as the case may be and must also be continuing in service (emphasis supplied) on the date of issuance of these orders. It is evident from the above mandatory requirement that the petitioner does not fulfill the requirement of being in service as on the date of issuance of the said G.O.Ms.No.328 i.e. 15.10.1997. Therefore, the writ petition is devoid of merits and the petitioner is not entitled to any relief. The writ petition is accordingly, dismissed. The interim order granted earlier stands vacated. No order as to costs. ___________________ V.ESWARAIAH, J _______________________ R.SUBHASH REDDY, J ___________________________ VILAS V.AFZULPURKAR,J 12th OCTOBER 2009 KPR/CVRK