THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 17206 of 1999 Dated: 04.06.2010 Between: M.C.Raju and 2 others … Petitioners And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Hyderabad and 2 others. … Respondents HON’BLE Ms. JUSTICE G.ROHINI Writ petition No. 17206 of 1999 O R D E R: The petitioners herein were appointed as contingent staff in 3rd respondent-college in the year 1988. It is not in dispute that the 3rd respondent-college was admitted into grant-in-aid with effect from 01.04.1994 vide G.O.Ms.No.375 dated 20.10.1994. The Annexure to G.O.Ms.No.375 shows that apart from teaching staff, the institution was admitted into grant-in- aid in respect of non-teaching staff also including three contingencies. Pursuant thereto, the 2nd respondent vide proceedings dated 19.12.1994 admitted the 3rd respondent-college into grant-in-aid making it clear that three contingent posts held by the petitioners were also admitted into grant-in-aid with effect from 07.10.1994. Accordingly, the petitioners were also paid the salary from October, 1994 up to March, 1998 out of grant-in-aid. However, the salaries were stopped to the petitioner without issuing any notice and without giving any reasons. In spite of the representations made by the petitioners and the correspondence made by the 3rd respondent-college, there was no response from the 2nd respondent. Aggrieved by the same, the present writ petition is filed seeking a declaration that the action of the respondents in not paying the salaries to the petitioners is arbitrary and illegal. This Court, by order dated 12.10.1999 in W.P.M.P.No.21406 of 1999, directed release of the grant-in-aid to the posts held by the petitioners within four weeks. Pursuant thereto, the salaries were paid to the petitioners. However, during the pendency of this writ petition, the 3rd respondent’s proposal dated 17.10.2003 for conversion of the services of the petitioner as class-IV employees in the last grade services in accordance with G.O.Ms.No.9 dated 08.01.1981 was rejected by the 2nd respondent by order dated 06.10.2004 on the ground that G.O.Ms.No.9 dated 08.01.1981 was not applicable to the petitioners. Having regard to the said subsequent order, the prayer in the writ petition has been amended seeking a further declaration that the proceedings of the 2nd respondent dated 06.10.2004 is arbitrary and illegal. It is contended on behalf of the petitioners that as the posts held by the petitioners were admitted into grant-in-aid with effect from 07.10.1994 and since the petitioners had completed five years service they are entitled for conversion as clause-IV employees in the last grade services as provided under G.O.Ms.No.9 dated 08 .01.1981. I have heard the learned Government Pleader in detail and perused the material available on record including the proceedings dated 06.10.2004. A perusal of the proceedings dated 06.10.2004 shows that the request for conversion of the services of the petitioners into clause-IV employees in the last grade service was rejected only on the ground that the petitioners were not in service as on 01.04.1981. Apparently, the 2nd respondent had proceeded on an erroneous assumption that the conversion was permissible only in respect of those persons who had completed the five years service as on 01.04.1981. It has already been clarified in the Governments memo No.20050/232/PRC.III/85 dated 23.09.1985 that the conversion is permissible even in respect of the employees who have completed five years of service after 01.04.1981 subject to fulfillment of four conditions as under: 1. The post should have been created under the orders of a competent authority. 2. The post is required to be retained on a permanent basis. 3. The post should have completed 5 years of existence. 4. The incumbent should have completed 5 years of continuous service as a full time contingent employee before he can be absorbed against such converted posts. It is also brought to my notice by the learned counsel for the petitioners that having regard to the said Government memo dated 23.09.1985, the services of the persons who are similarly situated to the petitioners have been converted into clause-IV employees in the last grade service vide R.C.No.6057/JC.8-3 dated 25.06.1996, R.C.No.2457/JC. 9-1/96 dated 19.03.1997 and R.C.No.1467/JC8-3/97 dated 03.04.1998. Be that as it may, as noticed above, the impugned order dated 06.10.2004 which was passed ignoring the subsequent clarifications given by the Government, including the memo dated 23.09.1985 being erroneous is unsustainable. Accordingly, the impugned order dated 06.10.2004 is hereby set aside and the writ petition is disposed of with a direction to the 2nd respondent to consider the claim of the petitioners for conversion into clause-IV employees in the last grade service and pass appropriate orders afresh in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of this order. No costs. _____________ G.ROHINI,J Date: 04.06.2010 KLP