HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18981 of 2001 ORAL ORDER : In this writ petition, the petitioner seeks to declare the action of the respondents in not regularising the services of the petitioner, though he is continuing regularly for more than 5 years as Casual Attender, as illegal and seeks a direction to the respondents to regularise his services as Attender by extending the time-scale attached to the said post. 2. The petitioner is working as Casual Attender in the office of the Deputy Chief Personnel Manager, Hyderabad Zone, in the A.P. State Road Transport Corporation (for brevity “the Corporation”) from 29-05-1996. It is the case of the petitioner that though he is discharging the functions of regular Attender, his services were not regularised and are being continued as Casual Attender for the last more than 5 years without extending the monetary benefit of time scale pay attached to the post of Attender. 3. A counter affidavit is filed on behalf of the Corporation, wherein the respondents have admitted that due to requirement of one Attender in the Peshi of the Executive Director, Hyderabad Zone, Hyderabad, the then Executive Director, Hyderabad Zone has utilized the services of the petitioner from 29-05-1996. It is also stated that due to ban on recruitment for other categories in the Corporation, the case of the petitioner could not be considered. 4. The petitioner was aged about 30 years by the date of filing of the writ petition in the year 2001. Even from the counter affidavit filed on behalf of the Corporation, it is not in dispute that as there is a requirement of one Attender in the Peshi of the Executive Director, Hyderabad Zone, Hyderabad, the petitioner was appointed as Casual Attender on 29-05-1996 and is being continued as Casual Attender since then. 5. It is to be noted that the petitioner has put in nearly 12 years of service from the date of his initial appointment on 29-05-1996. But, at the same time, he is not a selected candidate in the open selections. Therefore, in the absence of the petitioner being a selected candidate in the open selections and also in view of the averment made in the counter affidavit that there is a ban on recruitment to the other categories in the Corporation, no positive direction can be given to regularise the services of the petitioner in the post of Attender. 6. Therefore, keeping in view the admission made by the respondents in the counter affidavit that as there is a requirement of one Attender in the Peshi of the Executive Director, Hyderabad Zone, Hyderabad, the petitioner was appointed as Casual Attender on 29-05- 1996 and is being continued as Casual Attender for the last more than 12 years, I deem it appropriate to dispose of the writ petition directing the respondents-Corporation that as and when vacancies arose in the category of Attender or in any other category to which the petitioner is eligible, the case of the petitioner shall be considered on preferential basis keeping in mind the services rendered by him for the last 12 years. 7. It is also made clear that such consideration of the case of the petitioner shall be subject to eligibility in all other respects, but without reference to the age restriction imposed for such appointments. 8. Subject to above observations and directions, the writ petition is disposed of. There shall be no order as to costs. 9. It is needless to observe that the respondents shall continue the services of the petitioner on the same terms and conditions till his case is considered for appointment in any of the eligible vacancies, as per the directions referred to above. ________________________ R.SUBHASH REDDY, J 01-12-2008. Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18981 of 2001 01-12-2008 Msr