IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 1045 of 2001 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 16580 OF 1999 on the file of the High Court.) Between: ..... APPELLANT AND .....RESPONDENT Counsel for the Appellant: MR.P.V.KRISHNAIAH Counsel for the Respondent No.: MR.DHONDAY RAM MANE The Court made the following : ORAL JUDGMENT: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Aggrieved by the order, dated 09.10.2000 made in WP No.16580 of 1999 by a learned Single Judge of this court allowing the writ petition with costs directing the appellant herein to regularize the services of the respondents herein in the posts in which they were initially appointed on ad hoc basis and to grant necessary benefits in accordance with GO Ms. No. 53 dated 28.12.1995 and to make payment of the arrears on pay fixation, within a period of three months, the present Writ Appeal is filed by the Government - respondent in the writ petition. The respondents herein were appointed on ad hoc basis in different posts viz., Clerks, peons, caretakers, drivers etc., by the Board constituted under the A.P. Labour Welfare Fund Act. The grievance of the writ petitioners was that though they were paid regular scales of pay attached to the posts, their services were not regularized, inspite of a Resolution passed by the Board on 14.2.1996 for the grant of regular pay scales, merely on the ground that the Government has not accorded permission. The case of the appellant herein is that the services of the respondents cannot be regularized inasmuch as the posts were not sanctioned by the Government and the funds available with the Labour Welfare Board would not be sufficient to meet the regular pay scales on regularization of the services of the writ petitioners. The learned Single Judge on extensive consideration of the respective contentions raised before him, has allowed the writ petition, as observed above. Aggrieved thereby, the present Writ Appeal is preferred. There is no dispute that the respondents were appointed by the Board on respective posts on ad hoc basis. Admittedly, the Board has passed a Resolution dated 14.2.1996 with a view to introduce pay scales to the A.P. Labour Welfare Board employees on par with Government Employees. That apart Sec. 19 of the Act empowers the Board to appoint clerical and other staff. Thus, the Board is a statutory authority and when once the Resolution is passed by the Board, in view of Sec. 19 of the Act, the Board need not wait for the approval of the Government, more particularly when the Resolution is passed by virtue of the powers vested in it under GO Ms. No. 53 dated 28.12.1995. As can be seen from the impugned order, the learned Single Judge has rightly observed that when there is no financial burden on the Government as a result of the regularization of the services of the writ petitioners in view of the letter written by the Board dated 22.3.1996 that the expenditure has to be met by the Board itself, the respondents are entitled for regular pay scales as approved by the Board in its 14th Board Meeting dated 14.2.1996 with effect from 1.4.1996. This apart, it is submitted by the learned counsel for the respondents – writ petitioners that the Board has implemented the order and the respondents are paid regular pay scales for the last nine years. Therefore, in view of these facts and in view of the fact that the funds are to be met by the Board itself from out of the accumulations of the Board’s Funds, we are of the considered view that the order of the learned Single Judge is well considered and does not call for any interference. The Writ Appeal accordingly fails and is dismissed. No order as to costs. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan August 05, 2008 MAS. ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA { }