HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.22114 of 1997 MONDAY, THE 12th DAY OF OCTOBER, 2009 Between: Smt V.Uma Jyothi ….PETITIONER(S) and The State of A.P., rep. by its Secretary, Higher Education, Secretariat Bldgs., 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.22114 of 1997 ORDER: (PER SRI JUSTICE V.ESWARAIAH) This writ petition is filed seeking a writ of mandamus to declare the action of the respondents in not regularizing the service of the petitioner as Lecturer in Hindi in the 3rd respondent college and for a direction to regularize her service in accordance with G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department, dated 22.04.1994. Heard the learned counsel for petitioner and the learned Government Pleader for Higher Education. The petitioner was appointed in the year 1991 as a temporary part-time Lecturer in Hindi in the 3rd respondent aided college and she claims regularization of her service as Lecturer in Hindi in the 3rd respondent college in accordance with G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department, dated 22.04.1994. As per G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated 22.04.1994, while formulating a scheme for regularization and absorption of Daily wage / NMR or Consolidated Pay employees, the Government issued certain guidelines. According to which, 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 authority subject to fulfillment of certain conditions. Unless, the petitioner has got 5 years of continuous service as on 25.11.1993, she is not entitled for regularization of her service. However, the orders of the Government in G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated 22.04.1994, are not applicable to the part-time Lecturers working in the private aided colleges. The claim of the petitioner is covered by the judgment of the Apex Court in the case of A.MANJULA BHASHINI AND OTHERS VS. THE MANAGING DIRECTOR, A.P. WOMEN’S COOPERATIVE FINANCE CORPORATION LTD. AND ANOTHER[1] wherein the validity of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 (for short `the 1994 Act') by Amendment Act Nos.3 and 27 of 1998 was upheld, so also the cut off date as fixed for continuance of their service subject to the required period of service as on 25.11.1993. In view of the aforesaid judgment of the Apex Court as well as the guidelines stipulated in G.O.Ms.No.212 Finance and Planning (FW.PC.III) Department, dated 22.04.1994, the petitioner is not entitled for the relief sought and the writ petition is devoid of merits and is liable to be dismissed. 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 KPR/CVRK [1] 2009(5) ALD 58 (SC)