A. Manjula Bhashini & Ors vs M.D.,A.P.Women'S ...

O.A. No.499 of 2000 filed by the respondents for issue of a direction to the appellants herein to regularize their services in accordance with the policy contained in the G.O. Ms. No.212 dated 22.4.1994 was disposed of by the Andhra Pradesh Administrative Tribunal [for short, "Tribunal"], by an order passed on 5th March, 2001. The Tribunal referred to the judgment of Writ Petition No.7175 of 1997 and order dated 23.2.2001 passed in O.A. No.6932 of 1999 and batch and directed the non- applicants (appellants herein) to regularize the services of the applicants (respondents herein) without insisting for existence of clear vacancy. The appellants had taken a specific stand before the Tribunal that the conditions for regularization specified in G.O. Ms. No.212 dated 22.4.1994 are not satisfied on account of non-availability of clear vacancies in the department, but without considering the same the Tribunal allowed the O.A. and directed regularization of the services of the respondents. The writ petition filed by the appellants was disposed of by the High Court on 14th August, 2001 with a direction that the order passed by the Tribunal for regularization of the services of the respondents shall not be acted upon. However, the State was directed to consider the cases of the respondents in terms of G.O. Ms. No.212 dated 22.4.1994 and other relevant Government orders and circulars in the light of the judgment in Secretary, A.P. Social Welfare Residential Educational Institutional Society vs. P. Venkata Kumari [(2001) 3 ALT 366].

The appellants challenged the last mentioned order of the Tribunal in Writ Petition No.15806 of 2001, which was disposed of by the impugned order. The Division Bench of the High Court directed that the order passed by the Tribunal for regularization of the service of the respondent shall not be acted upon and his case shall be considered strictly in terms of G.O. Ms. No.212 dated 22.4.1994 and other relevant Government orders and circulars in the light of the judgment rendered in Secretary, A.P. Social Welfare Residential Educational Institutional Society vs. P. Venkata Kumari [(2001) 3 ALT 366].

Hence, we direct the State of Andhra Pradesh to carry out the directions given by the Andhra Pradesh Administrative Tribunal in O.A. No.8482 of 1998 on 21st July, 1999, within a period of two months from the date of receipt/production of copy of this order.

With the aforesaid direction, the civil appeal is disposed of. No costs.

Accordingly, the appeal is allowed and the order of the High Court directing to consider cases of the respondents in terms of G.O. Ms. No.212 dated 22.4.1994 and other Government orders and circulars and in the light of the judgment in P. Venkata Kumari's case (supra) is set aside. No costs. Civil Appeal No.6484 of 2008 @ S.L.P.(C) No.16586 of 2002: Leave granted.

Delay condoned.

O.A. No.1130 of 2000 filed by the respondents for issue of a direction to the appellants herein to regularize their services in accordance with the policy contained in the G.O. Ms. No.212 dated 22.4.1994 was disposed of by the Andhra Pradesh Administrative Tribunal [for short, "Tribunal"], by an order passed on 23rd February, 2001. The Tribunal referred to the judgment of Writ Petition No.7175 of 1997 and directed the non-applicants (appellants herein) to regularize the services of the applicants (respondents herein) without ....6/-

insisting for existence of clear vacancy. The appellants had taken a specific stand before the Tribunal that the conditions for regularization specified in G.O. Ms. No.212 dated 22.4.1994 are not satisfied on account of non-availability of clear vacancies in the department, but without considering the same the Tribunal allowed the O.A. and directed regularization of the services of the respondents. The writ petition filed by the appellants was disposed of by the High Court on 14th August, 2001 with a direction that the order passed by the Tribunal for regularization of the services of the respondents shall not be acted upon. However, the State was directed to consider the cases of the respondents in terms of G.O. Ms. No.212 dated 22.4.1994 and other relevant Government orders and circulars in the light of the judgment in Secretary, A.P. Social Welfare Residential Educational Institutional Society vs. P. Venkata Kumari [(2001) 3 ALT 366].

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Accordingly, the appeal is allowed and the order of the High Court directing to consider cases of the respondents in terms of G.O. Ms. No.212 dated 22.4.1994 and other Government orders and circulars and in the light of the judgment in P. Venkata Kumari's case (supra) is set aside.

No costs.