IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20538 of 2008 Between: C. Govindan S/o. C. Venkataiah Government Junior College (Girls), Madanapalle, Chittoor. ..... PETITIONER AND 1 The Principal, Govt. Junior College (Girls), Madanapalle, Chittoor District. 2 The Commissioner and Director of Board of Intermediate Education, A.P., Hyderabad. 3 The Regional Joint Director, Intermediate Education, Kadapa Region, Kadapa. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction more particularly in the nature of Writ of Certiorari calling for all the connected records including the Judgment in O.A.No.3816 of 2005 with M.A.No.412 of 2006 dt. 24.12.2007 and quash the same as illegal, improper, unjust, arbitrary and further declare the impugned proceedings No.Ser-II.B-3/841/03 dt. 08.07.2005 of the 1st respondent as illegal, improper, unjust, arbitrary and contrary to law and further direct the respondents herein to absorb the petitioners as Watchman on completion of 10 years of service with all consequential benefits. Counsel for the Petitioner: MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking Certiorari to quash the order dated 24-12-2007 in O.A. No.3816 of 2005 with M.A. No.412 of 2006 on the ﬁle of the Andhra Pradesh Administrative Tribunal (for short “the Tribunal”), by calling the records relating thereto, holding the same as illegal, improper and unjust. The petitioner claiming to be belonging to Scheduled Caste, was appointed as a part-time contingent Waterman-cum-Gardener from 25-04-1995 in the 1st respondent college on a monthly wage of Rs.400/-, on being sponsored by employment exchange. As he was discharging the same duties for full hours, he ﬁled O.A. No.5564 of 1995 seeking direction for equal wages on par with regular employees who were doing equal work and for absorption in regular vacancy, which O.A. was dismissed by an order of the Tribunal dated 04-12-1997, on the ground that he did not fulﬁl the conditions laid down in G.O. Ms. No.212, Finance and Planning Department, dated 22-04-1994, against which he ﬁled W.P. No.712 of 1998, wherein this Court while granting interim direction for payment of Rs.740/- per month to him, by order dated 06-04-2004, remanded the O.A. for fresh decision as to whether the petitioner is entitled to enhanced salary on the principle of equal pay for equal work. After remand, the Tribunal by order, dated 02-02- 2005, while dismissing the O.A., ordered refund of any amount paid in excess of Rs.400/-, by the petitioner. Aggrieved by the said order, the petitioner ﬁled W.P. No.3090 of 2005, wherein this Court by order dated 22-02-2005 while disposing of the writ petition, observed as follows: “As far as the claim of regularization is concerned, we do not ﬁnd any ground for regularization and the order of Tribunal cannot be said to be illegal. But, however, we ﬁnd that there is one more vacancy of watchman post, which is yet to be ﬁlled up. Under those circumstances, whenever the vacancy of watchman is sought to be ﬁlled up on regular basis, the petitioner’s case shall be considered along with others. Pending the appointment of watchman on regular basis, the petitioner shall be entitled to the beneﬁt of G.O. Ms. No.112 F & P, dated 23-07-1997, when he completes 10 years of service in the said cadre.” Thereafter, the 2nd respondent issued proceedings dated 08-07-2005 holding that the petitioner is not entitled for any relief i.e. Regularization of services in terms of G.O. (P) No.112 Fin. & Plg. (FW.PC.III) Department, dated 23-07- 1997 even when he completed ten years of service. In pursuance of the said proceedings, the 3rd respondent by memo, dated 18-07-2005 ordered for recovery of excess amount paid to the petitioner, on top priority basis. Questioning the order passed by the 2nd respondent on 08- 07-2005, the petitioner ﬁled O.A. No.3816 of 2005 with M.A. No.412 of 2006, wherein the Tribunal while admitting the said O.A., ordered for maintenance of status-quo, by interim order, dated 28-07-2005. The Tribunal by the order impugned in this writ petition dismissed the O.A. holding that the appointment of the petitioner being subsequent to coming into force of the Andhra Pradesh (Regulation of Appointments to Public Service and Rationalisation of Staﬀ Pattern and Pay Structure) Act, 2 of 1994, is itself illegal, the petitioner is not entitled to the beneﬁt in terms of G.O. Ms. No.112 Fin. & Plg. Department, dated 23-07-1997, inasmuch as the petitioner had not worked continuously for a minimum period of ten years as on 25-11-1993, the date when Act 2 of 1994 had come into force. Aggrieved by the same, the present writ petition is filed. The learned counsel for the petitioner contended that on the sponsorship made by District Employment Exchange, Chittor in Lr.Rc.No.A2/Ord 1995/0084100, dated 25-03-1995, the petitioner was appointed as part-time contingent staﬀ (Waterman-cum-Gardener) on a total wage of Rs.400/- per month, and subsequently by the interim direction of this Court in W.P. No.712 of 1998, he continued in service on consolidated pay of Rs.740/- per month and he put in more than 13 years of service and now he is over-aged and cannot get any employment and therefore, the services of the petitioner may be considered to be regularized. We do not ﬁnd any inﬁrmity in the impugned order rejecting regularization of the services of the petitioner. However, as per the earlier orders of this Court in W.P. No.3090 of 2005, dated 02-02-2005, the case of the petitioner shall be considered along with others whenever the vacant watchman post is sought to be ﬁlled up on regular basis, as, in the absence of any challenge, the said orders have become ﬁnal and they have to be implemented. In the circumstances, the ends of justice would be met, if the petitioner is continued on the same terms and conditions till regular selection is made in compliance with the order of this Court in W.P. No.3090 of 2005, dated 02-02-2005, without recovery of any amount paid in excess of Rs.400/-, from his salary. The writ petition is disposed of accordingly. No order as to costs. _____________________ GHULAM MOHAMMED, J _____________________ G. BHAVANI PRASAD, J Date: 23-09-2008 Svv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Principal, Govt. Junior College (Girls), Madanapalle, Chittoor District. 2 The Commissioner and Director of Board of Intermediate Education, A.P., Hyderabad. 3 The Regional Joint Director, Intermediate Education, Kadapa Region, Kadapa. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{MSN}