THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.11111 of 2001 Dated:17.08.2011 Between: The Zilla Parishad, represented by its Chief Executive Officer, Adilabad District .. Petitioner And D.Pathru and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.11111 of 2001 ORDER: The writ petition against the order of the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity, the Tribunal) in O.A.No.5119 of 2000, dated 23.02.2001, is filed by the Zilla Parishad, Adilabad. The first respondent filed the above original application praying for a direction to the petitioner to absorb him as Sweeper-cum- Watchman by regularizing his service, as per the proceedings dated 19.04.2000 issued by the petitioner. It appears, the said proceedings were cancelled subsequently. The Tribunal allowed the said O.A., directing the petitioner to regularize the services of the first respondent irrespective of the fact whether he has completed 5/10 years of service as on 25.11.1993 in accordance with the guidelines issued in G.O.Ms.No.212, dated 22.04.1994, and G.O.(P).No.112 dated 23.07.1997. The Tribunal relied on the Division Bench judgment in Secretary, Andhra Pradesh Social Welfare Residential Educational Institutions Society v. P.Venkata Kumari[1]. We have heard the Standing Counsel for Zilla Parishad. It has been brought to our notice that recently in A.Manjula Bhashini v. Andhra Pradesh Women’s Cooperation Finance Corporation Limited[2], the Supreme Court reversed the judgment in P.Venkata Kumari observing as under. As a corollary, we hold that the declaration made by the Division Bench that all persons who completed 5 years service as on the date of coming into force of Act No. 27 of 1998 would be entitled to be considered for regularisation of their services is legally unsustainable and is liable to be set aside. …… The declaration made by the Division Bench that the ban on regularisation will be effective from 19.8.1998 i.e. the date on which Act No.27 of 1998 came into force and that all persons who have completed 5 years service as on that date would be entitled to be considered for regularisation of service is set aside. It is, however, made clear that the daily wage employees and others who are covered by Section 7 of the 1994 Act (amended) and whose services have not been regularised so far, shall be entitled to be considered for regularisation and their services shall be regularised subject to fulfillment of the conditions enumerated in G.O. dated 22.4.1994. In view of the decision of the Supreme Court, the writ petition has to be allowed. However, we make it clear, if the first respondent has completed 5/10 years of service as on 25.11.1993, his case shall be considered for regularization subject to fulfillment of conditions laid down in G.O.Ms.No.212, dated 22.04.1994, and G.O.(P).No.112, dated 23.07.1997, if it is not already considered. The writ petition, with the above observations stands allowed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ___________________ (K.G.SHANKAR, J) 17.08.2011 KH [1] 2001 (4) ALD 368 : 2001 (3) ALT 368 [2] (2009) 8 SCC 431