HON’BLE SRI JUSTICE V.ESWARAIAH HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.13936 of 1997 MONDAY, THE 9th DAY OF NOVEMBER, 2009 Between: P. Subbarao and others ….PETITIONER(S) and The Government of Andhra Pradesh, rep. by its Principal Secretary, Education, Secretariat, 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.13936 of 1997 ORDER: (PER SRI JUSTICE V.ESWARAIAH) In this writ petition, the petitioners seek to declare the action of the respondents in engaging their services as part-time lecturers for years together without paying them regular scale of pay and to direct the respondents to regularize their services as lecturers in the 3rd respondent college or in the alternative to pay the scale of pay to which regular lecturers are entitled to. Heard the learned counsel on either side. As can be seen from G.O.Ms.No.212 Finance & Planning (FW.PC.III) Department dated 22.04.1994, the Government, keeping in view the judgment of Supreme Court in Civil Appeal No.2979 of 1992 dated 12.08.1992 and batch, decided that 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 authorities subject to fulfillment of certain conditions. Admittedly, all the petitioners were appointed as lecturers on 07.08.1993 in the 3rd respondent college. If that be so, it is clear that none of tem are entitled to the relief sought as none of them fulfill the required criteria of five years continuous service as on 25.11.1993 to seek regularization of their service. Admittedly, the Government has issued orders in G.O.Ms.No.328 Education (CE-III) Department dated 15.10.1997 notifying the criteria for regularization of service. As per para 9(5) thereof, only those who have put in a service of 3 academic years as on 30.07.1991 or 5 academic years as on 25.11.1993, as the case may be, and also continuing in service on the date of issue of those orders are eligible for regularization and so, it is clear that the petitioners are not eligible for regularization as sought. The Apex Court in A.MANJULA BHASHINI AND OTHERS VS. THE MANAGING DIRECTOR, A.P. WOMEN’S COOPERATIVE FINANCE CORPORATION LTD. AND ANOTHER[1] upheld 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, 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, we do not find any illegality or infirmity in the impugned order as the claim of the petitioners does not fit into the required criteria, and therefore the petitioners are not entitled for the relief sought and the writ petition is devoid of merits and hence 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 9th November 2009 CVRK [1] 2009(5) ALD 58 (SC)