THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION No.25241 of 2010 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the order, dated 13.07.2010, passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.2689 of 2010. By the impugned order, the Tribunal dismissed the said O.A., which was filed seeking to regularize the services of the petitioner as Helper/Attender/Office Subordinate on par with similarly situated persons, as evidenced by the proceedings, dated 14.02.2005 and 13.07.2007, issued by the second and third respondents respectively. The facts of the case in brief that are necessary for disposal of the writ petition may be stated as under: - According to the petitioner, he was appointed as Driver on 11.01.1987 on daily wages and his services were periodically extended for every 90 days by the respondents. While the matter stood thus, his services were terminated by the respondents vide proceedings dated 29.09.1998. Subsequently, the matter was litigated before the Tribunal and this Court on a couple of occasions. Ultimately, the petitioner is being continued in the services of the respondents uninterruptedly. However, the grievance of the petitioner is that though he has completed 22 years of service, his services were not regularized. Learned counsel appearing for the petitioner contended that even though the conditions mentioned in G.O.Ms.No.212, dated 22.04.1994, which was upheld by the Supreme Court, are fulfilled by the petitioner, the respondents have not regularized the services of the petitioner and therefore, prays to set aside the impugned order. From a perusal of the impugned order, it is clear that the Tribunal has not considered whether the petitioner satisfies the conditions stipulated in G.O.Ms.No.212, dated 22.04.1994, for the purpose of getting the benefit thereunder i.e., regularization of his services. The said G.O. stipulates that one should have rendered five years of service by the cut-off date i.e., 25.11.1993, etc., for the purpose of getting the benefit mentioned therein. It is for the petitioner to establish whether he satisfies the conditions stipulated in the said G.O., for the purpose of getting the benefits thereunder. There is no discussion with regard to the said aspect in the impugned order. In that view of the matter, without going into the merits of the case, the writ petition is allowed and the impugned order is set aside and the matter is remitted to the Tribunal and the Tribunal is directed to consider the case of the petitioner afresh from the point of view whether the petitioner fulfills the conditions stipulated in the said G.O., and accordingly adjudicate the matter and dispose of the same, in accordance with law. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED _____________________________ JUSTICE N.RAVI SHANKAR 29th November 2010 dr