B NAGESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is directed against order dated 6-6-2006 passed by the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal) in V.M.A. No.629 of 2006 in O.A.No.3217 of 2006 and V.M.A. No.628 of 2006 in O.A.No.3218 of 2006.

(2.) The petitioners are working as Junior Assistants-cum-Bill Collectors in different Mandais of West Godavari District. They were initially engaged as temporary/part-time Bill Collectors/Karobars. In 2001, they and other similarly situated persons filed applications under Section 19 of the Administrative Tribunals Act, 1985 (for short 'the Act') for issue of directions to the State Government to regularize their services by asserting that on completion of 10 years service, they had acquired rightto be regularized in accordance with the policy framed by the State Government. The applications filed by the petitioners and others were registered as O.A.Nos.9192,9271,9442 and 9628 of 2001. By an order dated 4-1-2002, the Tribunal disposed of the applications by directing the non-applicants to consider their cases for regularization of services in accordance with G.O.Ms.No.112, Finance & Planning (FW.PC.III) Department, dated 23-7-1997.The Government of Andhra Pradesh challenged the order of the Tribunal in Writ Petition Nos.2194, 2195, 2199 and 2307 of 2002. A Division Bench of this Court, after taking cognizance of D.O.Lr.No.6113AMdl.ll/2002 dated 20-3-2002 produced by the Additional Advocate General, held that in view of the policy decision taken by the State Government, it was not necessary to adjudicate on the merits of the writ petition. The Division Bench disposed of the writ petitions by directing the non-applicants to consider the cases of the petitioners for regularization of services against the available vacant posts of Bill Collectors in Gram Panchayats with a further direction to consider the cases of all eligible Bill Collectors for appointment to the posts of Executive Officer, Special Category-Ill (Panchayat Secretary) in accordance with the statutory rules notified, vide G.O.Ms.No.384, dated 22-12-2001. The operative parts of orderdated 21-3-2002 passed by the Division Bench read asunder:

(3.) During the pendency of the aforementioned writ petitions, the Division Bench passed an interim order dated 31-1-2002 in WPMP No.8389 of 2002 and other similar applications, the relevant extracts of which (this portion has been taken from copy of order filed by the petitioner along with the material papers) read as under: