THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.5096 of 2002 Between: The Assistant Director, Survey and Land Records, Adilabad and another. ..... PETITIONER AND N.Hanmanthu. .....RESPONDENTS THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.5096 of 2002 ORDER: (per Hon’ble Sri Justice V. Eswaraiah) 1. This writ petition is filed challenging the order, dated 27.11.2001, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No. 8548 of 2001, whereby it directed the writ petitioners to regularize the services of the respondent and to pay revised pay scales. 2. The respondent was initially appointed as chainman on 01.06.1987 on daily wage basis and that his services were terminated vide order dated 13.09.1993 on the ground that his appointment was not in existing vacancy. He questioned the said order before the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No. 6741 of 1993, which was disposed of on 31.12.1993 setting aside the order of termination dated 13.09.1993. Thereafter, the respondent joined into service and he was again terminated by an order dated 20.01.1994, which was questioned in O.A.No.275 of 1994. In view of the interim orders passed by the Tribunal in the said O.A., the respondent continued in service and subsequently, the said O.A. was allowed on 08.06.1999 setting aside the termination order dated 20.01.1994. The respondent was again terminated by order dated 06.11.2001, which was questioned in O.A.No.8548 of 2001 and the said O.A. was allowed directing to regularize his services and to pay revised scales of pay. Aggrieved thereby, the present writ petition is filed by the writ petitioners. 3. The only question that arises for consideration is whether the respondent is entitled to be considered for regularization subject to fulfillment of the conditions as laid down in G.O.Ms.No.212, dated 22- 04-1994. 4. In view of setting aside the orders of termination, it cannot be said that the respondent is not having five years of continuous service as on 25.11.1993. Therefore, we are of the opinion that the respondent is entitled to be considered for regularization subject to fulfillment of the conditions in G.O.Ms.No.212, dated 22-04-1994. We confirm the order of the Tribunal in so far as setting aside the termination order, set aside the other directions given in para 15 of the order in O.A.No.8548 of 2001, and direct the writ petitioners to consider the case of the respondent for regularization subject to fulfillment of the conditions in G.O.Ms.No.212, dated 22-04- 1994. 5. The writ petition is accordingly disposed of. No order as to costs. __________________________ JUSTICE V. ESWARAIAH ___________________________________ JUSTICE VILAS V. AFZULPURKAR Date: 25.08.2009 usd