IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN * * * WA.Nos.960, 987l AND 1172 of 2001 WRIT APPEAL NO : 960 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 2099 OF 1997 on the file of the High Court.) Between: ..... APPELLANT AND .....RESPONDENT Counsel for the Appellant:MR.V.CH.NAIDU Counsel for the Respondent No.: MR.K.CHINNA BABU WRIT APPEAL NO : 987 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 28335 OF 1997 on the file of the High Court.) Between: ..... APPELLANT AND .....RESPONDENT Counsel for the Appellant:MR.V.CH.NAIDU Counsel for the Respondent No.: . WRIT APPEAL NO : 1172 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 7489 OF 2000 on the file of the High Court.) Between: ..... APPELLANT AND .....RESPONDENT Counsel for the Appellant:MR.V.CH.NAIDU Counsel for the Respondent No.: M/sH.SRINIVASA RAO&VIJAYALAKSHMI The Division Bench of this Court made the following : THE HON’BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN. * * * WRIT APPEAL Nos. 960, 987 AND 1172 OF 2001 COMMON JUDGMENT : { Per the Hon’ble Smt. Justice T. Meena Kumari } All these batch of writ appeals are filed by the A.P. State Housing Corporation Limited against the common order of the learned single Judge in WP.No.2099 of 2007, WP.No.3574 of 1999, WP.No.28335 of 1997 dated 18-01-2001 whereby the appellants were directed to regularize the services of the respondents-writ petitioners from the date on which they completed five years of service. The learned single Judge had observed that consequent upon their regularization, the petitioners be granted seniority, attendant benefits, pensionary benefits as were enjoyed by the regular employees. Aggrieved thereby, the appellants preferred these writ appeals. 2. Sri K. Mohan Rami Reddy, Learned Standing Counsel for the appellants, contended that among the conditions stipulated in the G.O., for regularization of the services of employees, there should be a sanctioned post. Learned Counsel would also refer to the proceedings dated 07-2-2006 in support of his contention that the Government had rejected the appellants request for sanction of posts. Learned Counsel would submits that, in the absence of any sanctioned posts being available in the corporation, the order of the learned single Judge directing regularization of the services of the respondent is incapable of compliance since it runs contrary to the terms and conditions of the G.O. Learned Counsel would fairly state that the respondents-writ petitioners are still continuing in the services and they are still being paid the time scales of pay. 3. It is no doubt true, as contended by the learned counsel for the appellants, that among the conditions stipulated in the G.O.Ms.No.212 dated 22-4-1994 is that there should be sanctioned posts available. When the proceedings dated 07-2-2006 was issued, there were no sanctioned posts in the Appellant-Corporation. More than 2 ½ years have elapsed since then and it is not known whether any vacancy is now available among the sanctioned posts consequent upon the retirement or resignation of the regular employees. Ends of justice would be met if the order of the Learned Single Judge is modified and the appellants is directed to consider the case of the respondents-writ petitioners for regularization of services in accordance with GO.Ms.No.212, dated 22-4-1994 as and when regular vacancies arises in the existing sanctioned posts or the Government accords permission for additional sanctioned posts. 4. Since the respondents-writ petitioners are said to be continuing in service for nearly a decade and half, we consider it appropriate that the respondents-writ petitioners be continued in services till their services are confirmed for regularization in accordance with GO.Ms.No.212, dated 22-4-1994. 5. The writ appeals are accordingly disposed of. No costs. ------------------------------------- JUSTICE T. MEENA KUMARI. ----------------------------------------------- JUSTICE RAMESH RANGANATHAN. 14-7-2008. I s L ........REGISTRAR // TRUE COPY// SECTION OFFICER. To 1. 2.2 CD copies