THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.724 OF 2003 Dt.15.9.2009 Between: The Vice-Chairman & Housing Commissioner, A.P. Housing Board, Gruhakalpa, M.J. Road Hyderabad and others … Appellants And K. Chandraiah … Respondent THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.724 OF 2003 JUDGMENT: (per the Hon’ble the Chief Justice Sri Anil R. Dave) Being aggrieved by the order dt.22.1.2001 passed in Writ Petition No.19131 of 1997, this appeal has been filed by the original respondents. By virtue of the impugned order, the services of the respondent – original petitioner workman were ordered to be regularized in pursuance of G.O. Ms. No.212, dt.22.4.1994. The learned Single Judge, while allowing the petition, had directed that the services of the workman should be regularized without insisting for existence of clear vacancy as stipulated in Clause-5 of the aforestated G.O. The aforestated direction is contrary to the provision incorporated in G.O.Ms.No.212, dt.22.4.1994. Moreover, the Hon’ble Supreme Court in A. Manjula Bashini v. Managing Director, A.P. Women’s Cooperative Finance Corporation Ltd.,[1] has also held that services of an employee cannot be regularized contrary to any scheme framed by the employer. In the facts and circumstances of the case, it is not in dispute that the learned Single Judge had given a direction to regularize the services of the original petitioner - workman contrary to the provisions incorporated in G.O. Ms.No.212, dt.22.4.1994, under which the workman had claimed right to be regularized. For the aforestated reason, in our opinion, the learned Single Judge has committed an error by giving a direction to regularize the services of the original petitioner workman. The appeal is therefore allowed and the impugned order passed by the learned Single Judge is quashed and set aside. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 15.09.2009 bnr [1] 2009 (9) Scale 99