IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 7629 of 2001 Between: 1 Y.Sanjeeva Rayudu S/o Sanjeevaiah, Jammalamadugu Section Office of the Deputy Executive Engineer, A.P.State Housing Corporation Ltd., Proddutur Cuddapah District. 2 P.Mahaboob Bash, S/o Hazi Peera, Muddanur Section Office of the District Manager, A.P.State Housing Corporation Ltd., Proddutur Cuddapah District. 3 R.Sivaiah S/o Gangaiah, Railway Koduru Section Office of the District Executive Engineer, A.P.Housing Board Corporation Limited, Rajampet, Cuddapah District. 4 V.Bayya Reddy, S/o Bayya Reddy, Rayachoti Section Office of the Deputy Executive Engineer, A.P.State Housing Corporation Ltd., Proddutur Cuddapah District. 5 S.Musharak Basha, S/o Fakruddin, Lakkireddypalle Section Office of the Deputy Executive Engineer, A.P.State Housing Corporation Ltd., Proddutur Cuddapah District. ..... PETITIONERS AND 1 The Andhra Pradesh State Housing Corporation Limited, Rep. by its Managing Director, Panchayatraj Chambers Building, Street No. 17, Himayathnagar Hyderabad-29 2 The District Manager, Housing Cuddapah District. .....RESPONDENTS 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 issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not regularizing the services of the petitioners though they fulfilled all the conditions laid down in G.O.Ms.No.212 dt: 22-4-94 and G.O.Ms.No.112 dt:23-7-97 as illegal, improper, unjust, arbitrary and contrary to law and further declare the action of the respondents in paying the minimum time scale to the juniors to the petitioners and denying the same to the petitioners as illegal, improper, unjust arbitrary and violative of Arts.14 and 16 of the Constitution of India and further direct the respondents to regularize the services of the petitioners as Attenders with all consequential benefits from the date of completion of five years of service including monetary, seniority etc., Counsel for the Petitioner: MR.K.G.KRISHNA MURTHY Counsel for the Respondent No.: MR.K.MOHAN RAMI REDDY The Court made the following: ORDER: Heard Sri.K. Ram Mohan, learned counsel for the petitioners and Sri.K.Mohan Rami Reddy, learned counsel appearing for the respondents. The petitioners question the action of the respondents in not regularizing their services as Watchmen-cum-Attenders though they fulfilled all the conditions laid down in G.O.Ms.No.212 dated 22-04- 1994 and G.O.Ms.No.112 dated 23-07-1997. They seek a consequential direction to the respondents to regularize their services as Attenders with all consequential benefits from the date of their completion of five years in service. The learned counsel appearing for the respondents brought to my notice that the same issue was considered by a learned Division Bench of this Court in Writ Appeal No.869 of 2009 and placed before me a copy of the order dated 14-07-2008 passed therein disposing of the Writ Appeal. A perusal of the said order shows that it was brought to the notice of the Division Bench that the respondent - Corporation had requested the Government to sanction additional posts, but the request was rejected by the Government vide proceedings dated 07- 02-2006. The Division Bench took note of the said fact and also the objection raised by the learned counsel for the respondents that there were no sanctioned posts available so as to invoke the provisions of G.O.Ms.No.212 dated 22-04-1994. However, keeping in mind the fact that two and half years had elapsed since the issuance of the rejection proceedings dated 07-02- 2006 and the possibility of vacancies having arisen amongst the sanctioned posts consequent to the retirement/resignation of the existing regular employees, the Division Bench directed the respondent - Corporation to consider the cases of the respondents in the said Writ Appeal for regularization of their 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 in the event of the Government according permission for additional posts. The Division Bench also took note of the fact that the respondents in the said Writ Appeal had been continuing in service for sufficient time and directed that they should be continued in service till their cases were considered for regularization of service. The learned counsel for the petitioners’ states that the same order would suffice to meet the interest of justice and protect the rights of his clients. Accordingly, this Writ Petition is disposed of directing the respondents to consider the cases of the petitioners for regularization of their 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 permission for additional sanctioned posts, whichever is earlier. It is fairly conceded by the learned counsel appearing for the respondents that the petitioners are continuing in service as on date. Accordingly, they shall be continued in service till their cases are considered for regularization of service in accordance with G.O.Ms.No.212 dated 22-04-1994. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ___________________ SANJAY KUMAR, J 5th June, 2009 PN/YVL HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 7629 of 2001 05-06-2009