HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.9388 of 1998 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: Dr. Mohd. Ahmed Ali and others ….PETITIONER(S) and State of A.P. rep. by its Secretary to the Govt., Education Department, Secretariat Buildings, Hyderabad and others …RESPONDENT(S) HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.9388 of 1998 ORDER: (PER SRI JUSTICE R.SUBHASH REDDY) In this writ petition, the petitioners, who were working as part- time Lecturers, sought a direction by way of mandamus for regularization/absorption as Lecturers in the 4th respondent college by suspending the termination order dated 30.03.1998. The petitioners were appointed as part-time Lecturers in the 4th respondent college during the years 1992 and 1993 and that they are fully qualified and eligible for regularization of their services as they have been working in the regular vacancies which are vacant for more than six years. It is submitted that they were initially paid on hourly basis and subsequently on consolidated pay of Rs.1200/- per month and that the 4th respondent college was creating artificial breaks by terminating their services at the end of the academic year and re- appointing them in the beginning of the academic year. It is submitted that the 4th respondent college has terminated their services vide its orders dated 30.03.1998 with effect from 01.04.1998. It is their contention that the Supreme Court of India has categorically held that such an artificial break was unconstitutional and unsustainable in law. It is their contention that since all of them have completed five years of service, they seek regularization of their services based on the orders issued by the Government in G.O.Ms.No.212 Finance & Planning (FW.PC.III) Department dated 22.04.1994. Heard the learned counsel for the petitioners and the learned Government Pleader for Higher Education. Admittedly, the petitioners were appointed as part-time Lecturers in the college of 4th respondent during the years 1992 and 1993. As can be seen from G.O.Ms.No.212 Finance & Planning (FW.PC.III) Department dated 22.04.1994, the Government, keeping in view of the judgment of the Supreme Court in Civil Appeal No.2979 of 1992 dated 12.08.1992 and batch, decided that the services of such persons who worked continuously for a minimum period of 5 years and are continuing as on 25.11.1993 be regularized by the appointing authorities subject to the fulfillment of certain conditions. Therefore, it is clear that the petitioners have not fulfilled the required criteria of five years continuous service as on 25.11.1993 to seek regularization of their services. In that view of the matter and as no other question arises for consideration, we do not find any merit in the writ petition and the same is devoid of merits. The writ petition is accordingly, dismissed. The interim order granted earlier stands vacated. No order as to costs. ___________________ V.ESWARAIAH, J _______________________ R.SUBHASH REDDY, J ___________________________ VILAS V.AFZULPURKAR,J 12th OCTOBER 2009 CVRK/KPR