IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 17944 of 1999 Between: 1 Assistent Director of Sericulture, Kakinada, Wast Godavari District. 2 Commissioner of Sericulture, Andhra Pradesh, Hyderabad. 3 Secretary to Government, Finance & Planing Department, Secretariat Buildings, Hyderabad. ..... PETITIONER(S) AND 1 Smt. S.Chandramma, W/o Gavara Raju, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 2 Smt. O.Ramanamma, D/o Sanyasi Reddy, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 3 Smt. D.Parvathi, W/o Sivarao, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 4 Smt. N.Ganga Devi, S/o T.Ramulu, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 5 Smt. Ramana, D/o Bala Raju, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 6 Smt. A.K.Durga, D/o V.Venkateswar, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 7 Smt. D.Ramalakshmi, C/o A.Rama Raju, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 8 Smt. M.V.Giri, W/o S.Raja Reddy, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 9 Smt. S.Jogamma, D/o Thammi Reddy, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 10 Smt. D.Puspa Kumari, D/o Krupanandam, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 11 Sri T.Subramanyam, S/o Ramanamurthy, FCW, Sankavaram, East Godavari District. 12 Sri P.Radhakrishna, S/o Ramanamurthy, FCW, Seed Farm, Peddageddada, East Godavari District. 13 Sri. G.Ravi Kumar, S/o Raja Rao, FCW, TSC, Rampachodavaram, East Godavari District. 14 Sri K.Hari Kumar, S/o K.V.Krishna, FCW, Grainage, Rampachodavaram, East Godavari District. 15 Sri. M.Musalaiah, S/o Bullabai, FCW, Reeling Unit, Rampachodavaram, East Godavari District. 16 P.Chakra Rao, S/o P.Badram, FCW, Seed Farm, Peddapuram, East Godavari District. 17 Sri T.Nageswar Rao, S/o Raja Rao, Seed Farm, Chebrolu, East Godavari District. 18 Sri. N.Satyanarayana, S/o Tatayya, Tassar, Rampachodavaram, East Godavari District. 19 The A.P. Administrative Tribunal, Rep. by uits Registrar, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ order for directions more particularly a Writ in the nature of certicreri calling for records in O.A.No.2559/97 dt. 4.12.1997 on the file of A.P.Administrative Tribunal, Hyderabad, and to quash the same as being illegal and un-sustainable and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner:GP FOR FINANCE & PLANNING Counsel for the Respondent No.: MR.CH.GANESH The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) When the matter was called on 23.1.2009 none appeared and there was also no representation. Hence the matter was directed to be posted to 27.1.2009. Even on 27.1.2009 when the matter was called none appeared and there was no representation on behalf of the respondents. Hence the matter was directed to be posted today under the caption ‘for orders’. Even today when the matter is called none appears and there is no representation on behalf of the respondents. Hence, the Writ Petition is taken up for disposal. This Writ Petition is preferred by the Government to call for the records in O.A.No. 2559 of 1997 dated 4.12.1997 on the file of the A.P. Administrative Tribunal, Hyderabad and to quash the same, as the same is being illegal and arbitrary, by virtue of which, the Tribunal gave a positive direction to the applicants-respondents directing the petitioners herein to fill up the existing vacancies of Operatives and other Last Grade Posts, which are available in the Department. Brief facts of the case are that applicants-respondents are working as full time contingent workers in the Sericulture Department for more than five years and are entitled for regularization in terms of G.O.Ms.No. 212, F&P, dated 22.4.1994. As while their services are not regularized, some of them approached the Tribunal in R.P.No. 4343 of 1987 for consideration of their cases in terms of G.O.Ms No. 212 and there after under Act 2 of 1994, which was disposed of with the following directions: “The respondents are directed to consider regularizing the services of the petitioners and the like of them who have completed five years or more on daily wages continuously or with interruptions lasting for not more than six months one ach occasion by creating necessary posts for the purpose. In the meantime, the respondents are also directed to pay the petitioners wages at the rates applicable to regular employees following the principle of ‘equal pay for equal work’ as annunciated by the Supreme Court.” The Tribunal taking into consideration the arguments advanced by the applicants-respondents therein that there are more than one thousand Operative posts available in the department and if that be so, there is no need for creation of additional posts for absorbing the applicants as Operatives in the existing vacancies, held as under: “The respondents are directed to take steps to fill up the existing vacancies of Operatives and other Last Grade posts which are available in the department. The respondents are further directed to regularize the services of the applicants in terms of G.O.Ms.No. 212 dated 22.4.1994, with all consequential benefits, if they are otherwise eligible and in the mean while extend benefits of Last Grade Scale to the applicants. This exercise shall be completed within three months from the date of receipt of this order. The O.A. is disposed of accordingly.” The learned Government Pleader contended that once the scheme is framed and instructions are given, the Tribunal ought not to have granted positive direction, which amounts to over stepping of the jurisdiction and in all the cases the settled preposition is that in the cases of this nature there cannot be any positive direction for absorption or appointment. We find some force in the contention advanced by the learned Government Pleader. Hence, the order 4.12.1997 passed in O.A.No. 2559 of 1997 is set aside and the matter is remitted for considering the same afresh keeping in view the scheme framed by the Government in G.O.Ms.No. 212 dated 22.4.1994 and Act 2 of 1994 within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 28.1.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies