IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.648 of 2002 Between: V.Ratna Mani ..... PETITIONER AND The Managing Director, Andhra Pradesh Women’s Coop.Finance Corporation Limited, Hyderabad .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.648 of 2002 O R D E R: The petitioner filed this writ petition seeking to issue a Writ of Mandamus declaring the action of the respondent-Andhra Pradesh Women’s Cooperative Finance Corporation Limited, Hyderabad in not absorbing her services in the post of Pranganam Officer permanently as illegal and arbitrary, and to direct the respondent to absorb the petitioner permanently with all consequential benefits. This Court while admitting the writ petition on 08.01.2002 granted interim direction directing the respondent to continue the services of the petitioner only. The other relief sought for by the petitioner directing the respondent to pay regular pay scale attached to the post held by the petitioner was not granted. The said interim order was made absolute by order dated 03.07.2002. It is the case of the petitioner that pursuant to the paper advertisement calling for applications to the post of Pranganam Officers (District Managers) in the Districts, she applied for the said post. She was selected for the said post and appointment order was also issued to her on 17.11.1997. She joined the duty as Pranganam Officer on 17.11.1997 itself and continued in the said post. It is stated that the petitioner was initially joined in Krishna District and thereafter she was transferred to Warangal District. Though she was appointed for a specific period of three years, she was being continued in services as on the date of filing of the writ petition in 2002. It is stated that she is entitled and qualified for the post of regular Pranganam Officer, but she was being continued in the same post since four years on consolidated pay without any security and contrary to the concept of the security intended to be provided by the State against its employees under the constitutional protection provided. Therefore, it is stated that as the petitioner has been continuing to work as Pranganam Officer, she is entitled for absorption in the said post on regular basis, but she was not absorbed or regularized on the ground that there is no clear vacancy. A counter has been filed by the respondent stating that the advertisement was made for the post of Pranganam Officers on temporary and contract basis for a period of three years on a consolidated pay of Rs.6,000/- per month. Pursuant to the said advertisement, the petitioner applied and she was selected and appointed as Pranganam Officer temporarily on contract basis for a period of three years, vide proceedings dated 17.11.1977. According to the terms and conditions of the appointment proceedings No.2212/WCFC/A1/95, dated 17.11.1977, the appointment may be terminated at any time without assigning any reasons by giving three months notice or by paying three months salary in lieu of it and the incumbent has to work within the framework of the Corporation policies and directions as may be given from time to time. The petitioner is required to abide by the Corporation service rules and regulations, conditions of the service as applicable from time to time, governing the conduct and disciplinary matters pertaining to the employees of the Corporation. It is further stated that the petitioner has willingly and unconditionally agreed to render services as Pranganam Officer/District Manager as understood in normal paralance and also signed the agreement bond with sureties and joined as Pranganam Officer and the contract period is only for three years, and the three years was already expired by 16.11.2000 itself. It is further stated that the appointment of the petitioner as Pranganam Officer on contract basis is only for a specific period and therefore, she has no right to claim regularization of her services in the post of Pranganam Officer/District Manager. It is stated that there are no posts of Pranganam Officers/District Managers in regular scale of pay sanctioned by the Government. Therefore, the petitioner is not entitled for regularization of her services and/or for grant of regular pay scales. It is further stated that there is no sanction post of Pranganam Officer/District Manager in the Corporation with regular pay scale as such the petitioner is not entitled to claim regularization of her services. As there is no sanction post, the question of regularization of her services would not arise since she was not the employee of the Corporation and was drafted on contract basis alone. I am of the opinion that when the post of Pranganam Officer itself was advertised for a specific period on contract basis, the petitioner would have understood the nature of the post and applied for the same. In fact the petitioner signed the agreement bond accepting the contract period of three years at the time of joining the service. Merely because the petitioner was qualified for the post of Pranganam Officer, in the absence of any sanctioned posed, it cannot be said that she is entitled for regularization of her services. No doubt, the bye-laws of the respondent corporation states that the post of Pranganam Officer is to be filled by way of direct recruitment by giving advertisement in the leading newspapers and by giving promotion from the eligible and qualified persons who would be selected by the Corporation Promotion Committee to be constituted by the Board. The method of recruitment as per bye-laws of the Corporation is that two posts to be filled by direct recruitment and one post to be filled by promotion. Merely there is a bye-law provided with regard to the procedure for appointment of Pranganam Officer in the ratio of 2:1, it cannot be said that a sanction post is available and the petitioner is entitled for absorption in the said post as per the bye-laws of the Corporation. For the foregoing observations, I am of the opinion that the petitioner is not entitled for regularization of her services in the post of Pranganam Officer. The Writ Petition is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 09.09.2010 Dsr