IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 11396 of 1999 Between: 1 M.Gowri Raju S/o. Late Seetharama Raju District Co-operative Central Bank, Dwaraknagar Branch, Visakhapatnam District. 2 V.Govinda Rao, S/o. V.Appa Rao. District Co-operative Central Bank, Dwarakanagar Branch, Visakhapatnam District. 3 P.Gurunadha Rao, S/o. P.V.Suryanarayana District Co-operative Central Bank, Central Office , Visakhapatnam, 4 P.Venkata Satyanarayana Rao, S/o. P.Narasinga Rao, District Co-operative Central Bank, Central Office, Visakhaptnam. ..... PETITIONER(S) AND The General Manager, District Co-operative Central Bank, N.T.R. Sahakara Bhavan, NAD Kotha Raod, NAD Post, Visakhapatnam-530009. .....RESPONDENT 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 issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not regularising the service of the petitioners who are all Working as daily wages employees as illegal, irregular and arbitrary and issue a consequential direction to the Respondent to regularise the services of the petitioner with all consequential benefits and pass such other or further order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.K.R.SRINIVAS Counsel for the Respondent : MR.K.ASHOK REDDY The Court made the following : ORDER This writ petition is filed seeking a Mandamus to declare the action of the respondent in not regularizing the services of the petitioners, who are all working as daily wage employees, as arbitrary and illegal and consequently to direct the respondent to regularize the services of the petitioners with all consequential benefits. It is the case of the petitioners that they are all working as Attenders in the District Cooperative Central Bank, Seethammadhara Branch, Visakhapatnam, on daily wage basis since 1.7.1986 and are being continued as such till date and have completed 13 years of long service. In spite of the same, they are not being considered for regularization as per terms of G.O.Ms.No.212 dated 22.4.1994. A detailed counter-affidavit has been filed by the respondent denying the allegations made by the petitioners. It is stated that as per the records available in the Bank, the first petitioner was appointed on 19.3.1993; second petitioner on 1.12.1996; third petitioner on 2.12.1996; and fourth petitioner on 14.10.1996. The averments made by the first petitioner that he was appointed on 1.7.1986 and is continued, is absolutely incorrect. Therefore, the services of the first petitioner prior to 1993 seems to have been in short spells and there was no continuity of service. His initial appointment was on 19.8.1993. Against the total sanctioned strength of 64 under category-VII Messengers, 70 Messengers are working including appointments made on compassionate grounds. All the petitioners belong to open category and their services cannot be regularized in the backlog vacancies reserved for other categories. Therefore, the allegation made by the petitioners that there are 12 existing vacancies of messengers is factually incorrect. Apart from that, the Government of Andhra Pradesh has issued G.O.Ms.No.212, dated 22.4.1994, wherein certain procedure has been prescribed for regularizing the services of NMRs/daily wage workers. As per G.O.Ms.No.212, the persons, who completed 5 years of service on the date of issuance of GO, are eligible for regularization provided there are existing vacancies. None of the petitioners have fulfilled the conditions stipulated in G.O.Ms.No.212 and as such, the case of petitioners cannot be considered for regularization. It is also stated that as and when there is work, the services of the petitioners would be engaged on daily wage basis. Further, taking into consideration the status of the petitioners, the Bank has taken a sympathetic view to engage their services continuously. In view of the averments made in the counter- affidavit, I am of the considered opinion that the case of the petitioners does not fit into the teeth of G.O.Ms.No.212. Therefore, the respondents are directed to continue the petitioners, as and when work is available, and shall also consider their cases for regularization, if any scheme is available in this regard, along with others. Writ petition is disposed of accordingly. No costs. ___________ 25-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The General Manager, District Co-operative Central Bank, N.T.R. Sahakara Bhavan, NAD Kotha Raod, NAD Post, Visakhapatnam-530009. 2.2CD copies