HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2542 of 2002 DATED 22nd September, 2011 BETWEEN K.Subhash Reddy …….Petitioner and The Managing Director, AP Women’s Cooperative Finance Corporation Limited, Ameerpet, Hyderabad ……Respondent HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2542 of 2002 ORDER: This Writ Petition is filed questioning the inaction on the part of the respondents in regularizing the services of the petitioner in the post of Junior Assistant as illegal and arbitrary. It is the case of the petitioner that he was initially appointed as an Office Assistant on 20.11.1991 in the respondent-Corporation and subsequently in the year 1992 his services were converted into Junior Assistant. Earlier the petitioner filed Writ Petition No. 25940 of 1999 seeking a direction to the respondents to allow him to continue as a Junior Assistant and regularize his services in the said category. The said Writ Petition was allowed by order dated 17.1.2001 directing the respondents to consider the case of the petitioner for regularization of his services in the post of Junior Assistant under the scheme framed by the Government in G.O.Ms.No. 212, dated 22.4.1994 subject to fulfillment of other conditions laid down in the said G.O. When the petitioner filed a contempt case for not implementing the order of this Court, the respondents filed Writ Appeal No.1215 of 2001 and a Division Bench of this Court disposed of the said Writ Appeal directing the respondents to regularize the services of the petitioner in the event he satisfies the pre conditions laid down in G.O.Ms.NO. 212, dated 22.4.1994. Pursuant to the direction of the Division Bench of this Court, the respondents issued impugned proceedings dated 27.09.2001 rejecting the case of the petitioner on the ground that he had not satisfied the pre conditions laid down in G.O.Ms.No. 212, dated 22.4.1994 as there are no sanctioned posts in the respondent- Corporation. Hence the present Writ Petition. The respondents filed counter denying the averments made in the Writ Petition. It is stated that the petitioner was appointed purely on temporary basis as an Office Assistant/Junior Assistant on 20.11.1991 for a period of six months on consolidated pay of Rs.800/- per month by giving a break of one day for every six months. They stated that the petitioner absconded from duty on 22.4.1998 onwards and though notice dated 15.5.1998 was issued directing the petitioner to report for duty on 1.6.1998, he failed to report to duty. They further stated that as per the conditions of appointment, if the appointee absented or overstays more than eight days he/she would entail loss of lien and his/her services would automatically come to an end. It is further stated that pursuant to the judgment of the Division Bench of this Court, the case of the petitioner was referred to Government and the Government after examining the matter rejected the case of the petitioner stating that the case of the petitioner for regularization of his services in terms of G.O.Ms.No. 212, dated 22.4.1994 was untenable in as much as the petitioner had not complied the pre conditions laid down in the said G.O. and that there are no sanctioned posts. Heard both sides. Perused the case file. As can be seen from the record, pursuant to the judgment of the Division Bench of this Court cited supra, the case of the petitioner was referred to Government and the Government thereupon examined the matter and issued the impugned orders stating that the petitioner had not satisfied the pre-conditions laid down in G.O.Ms.No. 212, dated 22.4.1994 as there were no sanctioned posts in the respondent-Corporation. Furthermore, as the petitioner had absented to duty more than eight days and not reported to duty pursuant to the notice of the respondent dated 15.5.1998, his services automatically came to an end and dispensed therewith as per the conditions of appointment. In view of the above, I do not see any merit in the Writ Petition. The Writ Petition is dismissed. There shall be no order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 22nd September, 2011. Msnro