THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24853 of 2009 ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner, who is the applicant in O.A.No.7590 of 2003, questions the order the A.P.Administrative Tribunal, Hyderabad, dated 25-08-2009, dismissing his application seeking regularisation of his services as Class-IV employee or in any other suitable or equivalent post. The undisputed facts are that the petitioner was initially appointed as contingent watchman with effect from 24-08-1977 and his services were terminated on 27-06-1980. Thereafter, he challenged the termination order before the Labour Court in I.D.No.101 of 1990 and the Labour Court vide Award, dated 24-12-1990, directed the respondents therein to appoint the petitioner herein afresh, as contingent watchman, without continuity of service and without back wages. Pursuant thereto, the petitioner was appointed afresh on 29- 07-1991 as contingent watchman. For regularisation of his services, the petitioner filed the said O.A. contending that his past service from 24-08-1977 till the date of his termination also shall be taken into account for considering his case for regularisation as per G.O.Ms.No.212, dated 22-04-1994. The Tribunal, after hearing both sides and after considering the material available before it, dismissed the said O.A. on the ground that the petitioner has not put in five years continuous service as on cut off date 25-11-1993. Aggrieved thereby, the present writ petition is filed. The Government of Andhra Pradesh issued G.O.Ms.No.212, dated 22-04-1994, and by the said G.O., the Government 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 fulfillment of the following conditions: 1) The persons appointed should possess the qualifications prescribed as per rules in force as on the date from which his/her services have to be regularised. 2) They should be within the age limits as on the date of appointment as NMR/Daily wage employee. 3) The rule of reservation wherever applicable will be followed and back-log will be set- off against future vacancies. 4) Sponsoring of candidates from Employment Exchange is relaxed. 5) Absorption shall be against clear vacancies of posts considered necessary to be continued as per work-load excluding the vacancies already notified to the Andhra Pradesh Public Service Commission / District Selection Committee. 6) In the case of Workcharged Establishment, where there will be no clear vacancies, because of the fact that the expenditure on Workcharged is at a fixed percentage of P.S. charges and as soon as the work is over, the services of workcharged establishment will have to be terminated, they shall be adjusted in the other departments, District Offices provided there are clear vacancies of last Grade Service.” Admittedly, the petitioner was not having continuous five years of service as on 25-11-1993 as he was appointed afresh as contingent watchman only on 29-07-1991. Insofar as the validity of the said G.O. is concerned, it was upheld by the Supreme Court in A. Manjula Bhashini and Others Vs. The Managing Director, A.P. Women's Cooperative Finance Corporation Ltd. and Another delivered in Civil Appeal No. 3702 of 2006 and batch, on July 6, 2009. However, learned counsel appearing for the petitioner submits that past service of the petitioner has also to be counted for the purpose of regularisation of his services. In support of his contention, he relied upon Rules 13 and 25 of the Revised Pension Rules, 1980. Rule 13 of the Revised Pension Rules, 1980, reads as follows:- “Commencement of qualifying service:- Subject to the provisions of the rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity.” Rule 25 of the Revised Pension Rules, 1980, reads as follows:- “Counting of past service on reinstatement:- (1) A Government servant who is dismissed, removed or compulsorily retired from service, but is reinstated on appeal or review, is entitled to count his past service as qualifying service” (2) The period of interruption in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension, if any, shall not count as qualifying service unless regularized as duty or leave by a specific order or the authority which passed the order of reinstatement.” We are of the opinion that the said Pension Rules are applicable to Government servants. Admittedly, the petitioner is not a Government servant and he is seeking regularisation of his temporary services as contingent employee to that of regular service. As long as his services are regularised, the provisions of the Pension Rules cannot be applied to the petitioner. Even, the said contention of the counsel for the petitioner cannot be accepted in view of the specific order of the Labour Court in I.D.No.101 of 1990. The order of the Labour Court specifically states that he was appointed afresh without continuity of service and without back wages. If the said contention is accepted, it will be modifying or nullifying the order of the Labour Court. Had the Labour Court directed for reinstatement of the petitioner finding fault with the order of termination and granted relief of continuous service, of course, the petitioner would have been entitled to count the past service, during which, he was wrongfully dismissed. Unless the services of the petitioner are regularized, it cannot be said that he is holding a civil post or in civil service in the State. As the petitioner is not a Government servant, the application of Pension Rules does not arise. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 17-11-2009 Prv