THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.7381 OF 1998 O R D E R Heard both the counsel. 2. This writ petition is filed for a writ of Mandamus directing the respondents to regularize the services of the petitioners who are working as NMRs in the 1st respondent factory i.e., the Hanuman Co-operative Sugars Ltd., Hanuman Junction, Krishna District in terms of G.O.Ms.No.212 Finance and Planning (F.W.P.C.III) Department dated 22.4.1994 and for all the consequential reliefs. 3. In the affidavit filed in support of the writ petition it is stated that all the petitioners are appointed as N.M.Rs. in the 1st respondent – sugar factory in the years 1983 and 1986 and have put in more than twelve years of service. While so, the Government of A.P. Industries and Commerce (SII) Department has issued memo No.2283/S.II/93-15 dated 27.9.1994 and directed the 2nd respondent – The Director of Sugars, Government of A.P., Hyderabad to send details on the aspect of regularizing the services of N.M.Rs. working in Co-operative Sugar Factories in terms of G.O.Ms.No.212 dated 22.4.1994 and in pursuance thereof, the 2nd respondent requested the 1st respondent – Sugar Factory and also the Managing Directors of other sugar factories in the State through the proceedings in Rc.No.30983/94 dated 1.2.1995, to be ready with the list of NMRs for regularization and as per said the proceedings of the 2nd respondent, the 1st respondent – Sugar Factory, constituted a committee and prepared a final seniority list after receiving objections from the effected parties and the Unions and a notice is suffixed in proceedings HSHCS/A2/3762/94 dated 6.6.1995 consisting of 265 members and the names of the petitioners also find place in the said list. It is further stated that the employees of Tandava Co-operative Sugars Ltd., East Godavari District in similar circumstances filed W.P.No.16103/1995 and by virtue of the interims orders dated 22.2.1996, this court directed the respondents to pay regular time scale to the persons who have been continuously working for more than five years and the said order has been implemented. With these averments, inter alia, the petitioners sought to regularize their services in terms of G.O.Ms.No.212 Finance and Planning (F.W.P.C.III) Department dated 22.2.1994. 4. The Joint Director (Sugar) filed counter affidavit on behalf of the 2nd respondent – The Director of Sugars, A.P., Hyderabad and stated inter alia that the petitioners are not entitled as per the G.O.Ms.No.212 Finance and Planning (FW.P.C.III) Department dated 22.4.1994, since they doesn’t fulfill the conditions stipulated in the said G.O., as they are engaged on NMR basis, only during the period of crushing season, which is about 8 to 9 months in an year. It is further stated that the communication of the Government in Memo No.2783/S.II/93-15 dated 27.9.1994 and that of the 2nd respondent dated 1.2.1995 in proceedings in RC.No.30983/94/G1 are inter departmental communications and they will not confer any right. It is also stated that the facts in W.P.No.16103/1995 are not similar to the facts of the present case and the writ petitioners have mislead this court. It is finally state that the writ petitioners are not eligible for regularization as per G.O.Ms.No.212, but however in case any decision is taken by the Government in future date, the cases of the petitioners will be considered automatically as per the eligibility. With these averments, the writ petition was sought to be dismissed. 5. The learned Assistant Government Pleader appearing for the Government Pleader for Industries while reiterating the above averments in the counter affidavit, further submitted that matter is pending with the 2nd respondent for consideration and hence appropriate orders may be passed. 6. From the above, the case of the petitioners is that they are working as N.M.Rs. since about 1983 and as per the G.O.Ms.No.212 they are entitled for regularization and their case is that the 1st respondent – Sugar Factory in pursuance of the proceedings of the Government of A.P. Industries and commerce (SEE) Department in Memo 2783/S.II/93-15 dated 27.9.1992 and the proceedings of the 2nd respondent in Rc.30983/94 dated 1.2.1995, prepared seniority list in proceedings HSHCS/A2/3762/94 dated 6.6.1995 and the names of the petitioners find place in the said list. Though in the counter affidavit filed by the respondent no.2 it is stated that the petitioners are not entitled as per G.O.Ms.No.212, it is further stated that the proceedings referred to above, are inter departmental communications and they does not confer any right. It is also stated that the matter is pending consideration with the Government. Therefore, in these circumstances, suffice it to dispose of the writ petition with the following direction: “The respondents shall consider the case of the petitioners for regularization in accordance with law and pass appropriate orders within a period of two months from the date of receipt of a copy of this order.” 7. In the circumstances of the case, there shall be no order as to costs. AVS --------------------------------------- 30..06..2008