TMI Blog2009 (7) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... yment Exchange sponsored the name of the respondent for the post of Sweeper-cum-Night Watchman. He was selected and appointed with effect from 21.11.1984 on temporary basis. After some time, his service appears to have been terminated and representation made by him for reinstatement and regularization was rejected by District Collector, Warangal vide his order dated 23.11.1996. The respondent challenged that order in O.A. No.1671 of 1997, which was allowed by the Andhra Pradesh Administrative Tribunal [for short the Tribunal ] with a direction to the non-applicants (appellants herein) to reinstate him and to consider his case for regularization in accordance with G.O. Ms. No.212 dated 22.4.1994. By an order dated 14.11.1998, the State Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mari [(2001) 3 ALT 366]. We have heard learned counsel for the parties. In our opinion, the High Court could not have, without adverting to the factual matrix of the case and orders dated 9.4.1998 and 21.7.1999 passed by the Tribunal in O.A. Nos.1671 of 1997 and 8482 of 1998 respectively, which, as mentioned above, were not challenged by the appellants, upset the direction given for regularization of the respondent s service. The judgment in P. Venkata Kumari s case (supra) to which reference has been made in the order under challenge has no bearing on the respondent s case because in that case the court had examined the constitutionality of the Andhra Pradesh (Regulation of Appointment to Public Services and Rationalization of Staf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 insisting for existence of clear vacancy. The appellants had taken a specific stand before the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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