HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:21280 OF 2008 DATE:22.7.2010. Between: P.B.Sharoon. …Petit And: The Associate Dean, Acharya N.G Ranga, Agricultural Universit others. …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:21280 OF 2008 ORDER: This writ petition is filed by the petitioner seeking a writ of mand to call for the records in Memo No:4128/Lab/2008, dated 7.8.2008 issu the 3rd respondent and set aside the same as illegal and arbitrary consequently to direct the respondents to reinstate the petitioner in se with all consequential monetary benefits. The case of the petitioner is that he was appointed as casual la in the month of December, 1991 in Bapatla Agricultural Farm unde Senior Scientist (Agronomy) & Head of the Agricultural College Farm proper selection in regular vacancy by the 1st respondent, on daily wag Rs.14/- per day, which was subsequently enhanced to Rs.84/-per day he has been continuously working as such without any break and ad remarks. It is his further case that due to sickness and undergoing trea in the Area Hospital at Bapatla from 13.5.2006 to 31.12.2006, he subm the information to his authorities about the sickness and he was found duty on 1.1.2007 and he reported to the duty along with medical certi before the 2nd respondent. But, he was not permitted him to join du While stating by his letter No:A1/375/06, dated 4.10.2007 and by an letter dated 4/2008 that the petitioner was not attending the duty 13.5.2006 as he was undergoing treatment and he has submitted medical certificate, the 1st respondent requested the 3rd respondent to p him to take the petitioner to duty exempting the break of service. On the 3rd respondent has issued the impugned proceedings to the effec the petitioner is not engaged to any post and does not have any lien on and he is not eligible to any leave rules of the University being a c labour and after break of his engagement from 13.5.2006 to 31.12 which is more than six months, and in view of the guidelines issued in M No:24480/SC/82, dated 18.5.1982 of ANGRAU, he cannot be eng afresh in violation of the provisions of Act 2 of 1994. Hence, the presen petition is filed by the petitioner. While entertaining W.P.M.P.27818 of 2008 on 15.10.2008, this granted interim direction to the respondents to consider engaging servic the petitioner as was being engaged before his disengagement on the terms and conditions, if there is work available, during the pendency writ petition. On that, the respondents have filed W.V.M.P.1376 of 2009 seek vacate the said interim order along with a counter-affidavit, wherein contended that the petitioner was actually engaged as casual labour month of August, 1992 on daily wages of Rs.23.40 per day and he cont as casual labour till 12.5.2006 and he was continuously absent from from 13.5.2006 to 15.11.2008 and that the petitioner was engaged as c labour in the month of August, 1992 and he has not fulfilled the conditio G.O.Ms.No:212, dated 22.4.1994. On the rival contentions, the fact remains that the petitioner engaged as casual labour in the month of August, 1992 and he continu such till 2006 and subsequently, he could not attend the duties. Irrespective of the fact whether he could not attend the office d illness or whether he was continuously absent from duty from 13.5.20 15.11.2008, in the facts and circumstances of the case and in view o nature of services of the petitioner, I feel it just and proper to modif interim direction granted by this Court on 15.10.2008 to that of a direct the respondents to engage the services of the petitioner, if there is any available. Subject to the above modification of the interim order passed b Court in W.P.MP.No:27818 of 2008, dated 15.10.2008, this writ petit disposed of. No order as to the costs. _____________________ Justice T.Meenaku Date:22.07.2010 NN HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:21280 of 2008 DATE:22.7.2010.