THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.21567 OF 1999 O R D E R Heard the counsel for the petitioner and the Government Pleader for Civil Supplies. 2. Aggrieved by the proceedings in Letter No.545/CS.II/99-2 dated 9.7.1999 issued by the 2nd respondent – Government of Andhra Pradesh represented by its Secretary, Department of Civil Supplies, in rejecting the case of the petitioner for regularization, the present writ petition is filed. 3. In the aﬃdavit ﬁled in support of the writ petition it is stated that the petitioner was initially appointed as Mechanic at L.P.G. Center Paloncha of the 1st respondent – The A. P. Civil Supplies Corporation Limited (for short ‘the Corporation’) on 25.11.1988 and since then has been continuing with artiﬁcial break of two days, after every 89 days. In the year 1995, the petitioner was transferred from Palvoncha to L.P.G. Center at Kothagudem by order, dated 27.7.1995 and again in the year 1996, he was transferred from Kothagudem to Visakhapatnam by order dated 14.8.1996. Presently, the petitioner is working as Mechanic at L.P.G. Center, Seethamadhara, Visakhapatnam. The case of the petitioner is that the Government issued G.O.Ms.No.212 Finance and Planning (FW PC111) Department dated 22.4.1994 to regularize all the daily wage employees who are working for a period of ﬁve years with certain conditions. As the petitioner has completed ﬁve years of service, and as his case was not being considered for regularization, he ﬁled W.PNo.9555/1995 and this court by order dated 24.2.1998 directed the 2nd respondent - Government to consider the case of the petitioner and take appropriate decision in the matter in accordance with law within a period of three months from the date of receipt of a copy of this order and communicate the same to the petitioner. The further case of the petitioner is that the respondents instead of regularizing his services, have rejected his case on the ground that he has not completed ﬁve years of service as on 25.11.1993 by letter no.545/CS.II/99-2 dated 9.7.1999 of the 2nd respondent and the same was communicated to the petitioner by the 1st respondent by Lr.No.P.Admn.9(7) date 31.7.1999. The grievance of the petitioner is that he was appointed on 25.11.1988 and the respondents instead of taking the said date, have taken the year of 1990, and rejected his case. Therefore, he seeks appropriate directions. 4. Counter aﬃdavit has been ﬁled on behalf of the respondents and it is stated inter alia that the petitioner was engaged as L.P.G. mechanic on a daily wage of Rs.8/- at L.P.G. Outlet, Palavancha by the in charge of the L.P.G. Center on 25.11.1988 and he worked in that capacity till 24.10.1989. He was ousted from service with eﬀect from 25.10.1989. On a representation received from petitioner on 3.4.1990 and after assessing the requirement of the LPG mechanic at LPG Center, Palavancha, Khamma District, he was appointed as L.P.G. mechanic on daily wages vide proceedings N,P.Admn.9(7)90 dated 21.4.1990 of the V.C. and Managing Director of the respondent Corporation and the individual has accordingly reported for duty on the forenoon of 26.4.1990 at LPG center, Palavancha. Hence, the contention of the petitioner that he is in continuous service of the Corporation from 25.11.1988 is not true. The petitioner was not in service of the Corporation for about six months i.e., from 25.10.1989 to 25.4.19909. Therefore, he has not completed ﬁve years of continuous service as on 25.11.1993 and hence the petitioner does not fulﬁll the conditions stipulated in G.O.Ms.No.212 and therefore his case was not considered for regularization. With these averments, the respondents sought to dismiss the writ petition. 5. The learned counsel appearing for the petitioner submitted that the petitioner was appointed on 25.11.1988 as L.P.G. mechanic on daily wage basis and since then he has been working continuously with artiﬁcial breaks and the respondents by taking the year of 1990 instead of 25.11.1988, arbitrarily rejected the case of the petitioner. He submitted that in similar circumstances one M.Lakshminarayana Swamy who was appointed on daily wage basis and who was continued with artiﬁcial breaks, ﬁled W.P.No.26869/1995 and this court by order dated 29.11.1995 directed the respondents to consider the case of the said individual as per G.O.Ms.No.212. The respondents by condoning the artiﬁcial breaks, have regularized his services, but denied the same beneﬁt to the petitioner herein and this attitude of the respondents is discriminative in nature and hence, he sought a direction to the respondents to regularize the services of the petitioner. 6. On the other hand, the learned Government Pleader appearing for the respondents reiterating the averments made in the counter aﬃdavit that the petitioner has not completed ﬁve years of service as required under G.O.Ms.No.212, sought to dismiss the writ petition. 7. The case of the petitioner is that he was appointed as Mechanic at L.P.G. Center, Paloncha of the respondent – Corporation on 25.11.1988 and since then he has been continuing with artiﬁcial breaks every after 89 days. His further case is that he was transferred to diﬀerent places and he reported to duty accordingly. He also ﬁled copies of the transfer proceedings. The petitioner also ﬁled a copy of the appointment order dated 25.11.1988 issued by the Manager/Accountant of the respondent – Corporation in this regard. To prove that he has been disengaged every after 89 days, he ﬁled one of the proceedings issued by the Corporation dated 30.10.1996. The respondents in the counter have not controverted this fact. Further, in the counter ﬁled by the respondents it is stated that the petitioner was appointed on 25.11.1988 and that he was ousted from service with eﬀect from 25.10.1989 and that he was not in service for a period of six months from 25.10.1989 to 25.4.1990. But the counter does not speak under what circumstances, the services of the petitioner, were disengaged and why he was again reengaged and continued thereafter. The petitioner also ﬁled representation on 17.12.1995 indicating that he was appointed on 25.11.1988 and has completed ﬁve years of service at L.P.G. centre, Kothagudem and, therefore, sought for regularization in terms of G.O.Ms.No.212. From the counter, no reasons are forthcoming why his services were ousted with eﬀect from 25.10.1989. The work undertaking by the L.P.G. Mechanic in the respondent – Corporation, appears to be perennial in nature, since the petitioner was being re-engaged every after 89 days by giving two days break. It is well settled that creating artiﬁcial breaks is not permissible under law. Further the impugned orders does not appear to have been issued, by considering the representation of the petitioner dated 17.12.1995, wherein the petitioner has categorically stated that he was initially appointed on 25.11.1988. The counter also does not controvert the ﬁling of the representation, dated 25.11.1995. Therefore, any order that is passed by the authorities without considering the material available on record, is improper and is liable to be set aside. 8. Further, the other factor, which is asserted is that, similarly situated employee, who was continued with artiﬁcial breaks ﬁled W.P.No.26869/1995 and this court directed the Government to consider his case as per G.O.Ms.No.212 and the respondent – Corporation by condoning the artiﬁcial breaks, regularized his services. The counsel for the petitioner also produced a copy of the order in W.P.No.26869/1995. 9. In view of the above facts and circumstances, I am of the view that the impugned order is liable to be set aside and is accordingly set aside. Consequently, the 1st respondent shall consider the representation of the petitioner dated 17.12.1995 and send the proposals with all the necessary service particulars of the petitioner to the 2nd respondent within a period of two months from the date of receipt of a copy of this order and, the 2nd respondent shall consider the same and pass appropriate orders within a period of two months thereafter. 10. The writ petition is accordingly disposed of. No costs. AVS ----------------------------- - 29—09—2008