HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZUL PURKAR W.P.No. 16480 OF 2009 O R D E R: (Hon’ble Sri Justice V. Eswaraiah) The State questions the order, dated 20.07.2007, whereby and whereunder the A.P. Administrative Tribunal, Hyderabad allowed O.A. No. 5417 of 2001 filed by the respondent herein. The respondent was appointed on temporary basis, as Waterman on 18.05.1988. He filed O.A. No. 5417 of 2001 before the Tribunal seeking a direction to the petitioners herein to regularize his services as Attender-cum-P.W.S. Mechanic with effect from November 1994 and to fix his pay on regular pay scales, in terms of G.O.Ms.No. 212 Finance & Planning (FW.PC.II) Department, dated 22.04.1994. The Tribunal, following the Judgment of the Division Bench of the Tribunal, in O.A.No. 6932 of 1999 and batch, allowed the present O.A., directing the petitioners herein to do the needful without fail. Hence, the present Writ Petition. Heard learned counsel appearing for the parties and perused the order impugned. Admittedly, the respondent was appointed as Waterman, on temporary basis, on 18.05.1988. If that be so, he is not entitled to be regularized in terms of G.O.Ms.No. 212, dated 22.04.1994, inasmuch as, as per the said G.O., a temporary/part-time/N.M.R. employee, who completes five years of service and are continuing as on 25.11.1993, if he is a full time worker, or ten years of service as part-time worker as on 25.11.1993, which cut off date has been upheld, pursuant to the amendments made to Act No. 2 of 1994 by Act Nos. 3 and 27 of 1998, by the Hon’ble Supreme Court of India in A. Manjula Bhashini v. The Managing Director, A.P. Women’s Cooperative Finance Corporation Ltd.[1]. Therefore, we are of the opinion hat the Tribunal erred in allowing the O.A. filed by the respondent herein. The order of the Tribunal is unsustainable and we, accordingly, set aside the same. With this, the Writ Petition is allowed at the stage of admission. No costs. ------------------------- (V. ESWARAIAH, J) ----------------------------------- (VILAS V. AFZUL PURKAR,J) 15th October 2009 ksld [1] 2009(5) ALD 58 (SC)