T HC010413092010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juriadictipn) V TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 25887 OF 2010 Between: 1. The Government of Andhra Pradesh,, Rep. by its principal Secretary, Medical and Health Department, Secretariat Buildings, Hyderabad. 2. The Principal,, Guntur Medical College, Guntur, Guntur District. ...Petitioners/Respondents (in OA No. 5929/2007) AND 1. E Subba Rao, S/o. Venkaiah, working as games peon in Men's Hostel, Attached to Guntur Medical College, Guntur. 2. The Andhra Pradesh Administrative Tribunal Hyderabad, Rep. by its Registrar, Purani Haveli, Hyderabad. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connectedwith the orders of the Hon'ble Andhra Pradesh Administrative Tribunal, dated 27-04-2010 in O.A.No. 5929 of 2007 and to quash or set-a-side the same % lA NO: 1 OF 2010(WPMP 33054 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the operation of orders of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad dated 27-04-2010 passed in O.A.No. 5929 of 2007. Counsel for the Petitioners: THE ADVOCATE GENERAL Counsel for the Respondent No. 1: SRI K RAMAMOHAN Counsel for the Respondent No. 2; GP FOR SERVICES IV AND GP FOR SERVICES I The Court made the following order: 1 APHC010413092010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] •V TUESDAY ,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 25887/2010 Between: The Government Of Andhra Pradesh, and Others ...PETITIONER(S) AND E Subba Rao and Others Counsel for the Petitioner(S): 1.THE ADVOCATE GENERAL (AP) 2.ADDL ADVOCATE GENERAL Counsel for the Respondent{S): 1.KRAMAMOHAN 2.GPFOR SERVICES IV 3.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) 2 HON’BLE SRI JUSTICE B.KRISHNAMOHAN AND THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITON No.25887 of 2010 ORDER: [per Hon’ble Sri Justice A.Hari Haranadha Sarma] This Writ Petition is filed questioning the orders of the erstwhile "Andhra Pradesh Administrative Tribunal, dated 27.04.2010 passed in O.A.No.5929 of 2007, with a prayer to quash or set aside the same by issuing appropriate order or orders or direction, more particularly in the nature of Writ of Certiorari. The petitioner is the Government of Andhra Pradesh, represented 2. nd by its Principal Secretary, Medical and Health Department and the 2 petitioner is the Principal, Guntur Medical College, Guntur, who are the respondents 1 and 2 respectively, before the Andhra Pradesh Administrative Tribunal [ for short APAT’/ 3. The 1 respondent herein- E.Subba Rao is the applicant, filed an application before the APAT, in terms of Section 19 of A.P. Administrative Tribunals Act, 1985, contending that he worked continuously for 30 years as a ‘Games Peon’, and sought relief of declaring the action of the writ petitioners in not regularizing his services in terms of G.O.Ms.No.212, Finance & Planning, dated 22.04.1994 as illegal, arbitrary and violation of principles of natural justice and against Articles 14, 16 and 21 of the Constitution of India. 3 APAT vide orders dated 27.04.2010 in 0.$.No.5929 of 2007 directing the 1 case of the applicant for grant of regularization by creating the post of Games Peon L allowed the application petitioner herein, to consider the Of his services, if necessary Guntur medical College and if not, in any other clear vacancy of Claes-IV In the said College, for which he' eligible, or in any other departments. District Offices, in IS as contemplated under Planning dated (FW.PC.ill) Department, a period of eight weeks from G.O.Ms.No.212, Finance and dt.22.4.1994 and pass necessary orders within the date of repeipt of the order. Aggrieved by the said orders questioning the sustainability of orders of the APAT 5. the present Writ Petition is filed on the grounds; i) The wages paid to the applicant are met from Students Association Fund. ii) The applicant was appointed as ‘Games Peon’ by the Sports Association. iii) The findings of the learned APAT that Cheques SBl Treasury Office, duly singed by the drawing Officer, cheques were issued in the capacity of the President of the Games Sports Association by the Principal, not as a drawing officer, iv) The applicant was not appointed on contingent basis. There was no post of ‘Game Peon’ in Guntur Medical College. were drawn on hut in fact, the and 4 V) In the absence of the post of ‘Games Peon’, benefit of G.O.Ms.No.212 Finance and Planning, Department (FW.PC-III) dated 22.04.1994 cannot be extended and regularization is not possible. Heard both sides extensively. 6. Point:- Whether the impugned order dated 27.04.2010 passed in O.A.No.5929 of 2007 by the APAT, accepting the eligibility of E.Subba Rao/applicant in the said O.A., who is the 1^* respondent herein, is suffering from any illegality warranting any interference by way of Writ of Certiorari, or any other order? 7. Learned Additional Advocate General appearing for the writ petitioners relied on the observations of the Hon’ble Supreme Court in a case between State of Karnataka and Others Vs. Uma Devi (3) and others^ with regard to modes of appointment, permissibility of absorption and regularization etc., particularly back door entry on daily waged ^appointments and thereafter regularization, which is deprecated naming it as a class of litigious employment. In the Uma Devi’s case [cited 1 supra], the observations of the Hon’ble apex Court, in para 53, are as follows: 8. “53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa [(1967) 1 SCR 128 : AIR 1967 SC 1071] , R.N. Nanjundappa [(1972) 1 SCC 409 : (1972) 2 SCR 799] and B.N. Nagara]an [(1979) 4 SCC 507 : 1980 SCC (L&S) 4 : (1979) 3 SCR 937] and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of 2006 (4) SCC 1 5 the courts or of tribunals. ~ employees may have to be The question of regularization of the services of such -.. =....rtrrr:::r judgment. In that context, the Union of India, the State Governntents insti-umentalities should take steps to regularise as services of such irregularly appointed, who in duly sanctioned posts but and their a one-time measure, the have worked for ten years or more not under cover of orders of the ensure that regular recruitments courts or of are undertaken to up, in cases where ' tribunals and should further fill those vacant sanctioned temporary employees or daily wagers are being now employed. The process ™s he set in motion within six months from this date. We also clahfy egulanzation, ,f any already made, but not sub judice, need not be based on this judgment, but there posts that require to be filled that reopened should be no further bypassing of the regularizing or making permanent constitutional requirement and i duly appointed as per the constitutional those not scheme. 9. It is relevant to note that G.O.Ms.No.212 3n effective measure i Devi’s case [cited 1 dated 22.04.1994 issued is not disputed as violative of the judgment in Uma as supra], regularizations have taken place pursuant to the It IS also not In dispute that several G.o.Ms.No.212. Therefore, on by the learned Additional Advocate General the observations relied , vieie are not of any help, when the applicant is seeking benefit Uma Devi’s case under G.O.Ms.No.212. 10. Now the question is whether the applicant i G.O.Ms.No.212, which The applicant has worked temporary as ‘Games Peon’ with effect month as per the proceedings of the President IS covered under was the core issue before the learned APAT 11. continuously and his appointment was from 06.03.1976 at Rs.90/- per Guntur Medical College, 6 C2> Games and Sports Association-Cum- Principal, Guntur Medical College, Guntur. The objection of the writ petitioners is that there is no sanctioned post of ‘Games Peon’ in the medical college. The applicant has put in nearly 17 years of continuous service as contingent employee in the Department of Guntur Medical College. 5 years continuous service is the eligibility criteria as per G.O.Ms.No.212, which is special Scheme as contemplated by the Government. 12. Learned counsel for the writ petitioners also relied on the observations of the Hon’ble Apex Court made in a case between State of •^Gujarat and Ors. Vs. R.J Pathan and Ors.^ submitting that the regularization cannot be done where the appointments are irregular, particularly where the appointments are temporary, made pursuant to a project or programme. The circumstances in the case cited are that the appointments are made for 11 months in respect of a temporary project meant for “Post-Earthquake Redevelopment Programme’. The case now under consideration is not similar to the case cited vide R.J. Pathan’s case [cited 2 supra]. Therefore, the same is not helpful to the writ petitioners. Learned APAT after referring to G.O.Ms.No.212, and its applicability, ‘made the following observations: (i) The Guntur Medical College is run with the government funds. (ii) Bunch of cheques issued in favour of the applicant filed by the 2 writ petitioner herein, would show that they are government 13. nd ' 2022(5) see 394 cheuqes drawn on SBI Treasury, which shows that the salaries were paid by the Government. (Hi) If the salaries are not paid from the Government fund need to issue Government Cheuqes. Hence, condition under G.O.Ms.No.212 is complied on that point. (IV) As per G.O.Ms.No.487, Finance (SMPC) Department, dated 06.12.2008, extended. , there is no permanent/temporary/supernumerary posts were (v) There are posts like house keeper, Office Subordinate sweepers, Thoty, bearer, watchmen, gatemen etc., aithough there is no post like 'games peon'. In respect of S.V. Medical College, Tirupathi, there is a ‘Games Peon’ post also. (vi) The applicant was appointed on contingent basis, on a fixed salary. (vii) As per G.O.Ms.No.212, for regularization in case Work charged Establishment has no clear vacancies, the persons worked in such establishment shall be adjusted in other Departments, District Offices, where there are clear vacancies of last cadre service. (viii) Therefore, there is no need of clear vacancies with the same designation. It is not the case of the writ petitioners that the applicant did render the work. It is clear from the affidavit filed in support of the Writ Petition that the applicant was marking boundary lines, fetching the sports items such as balls, bats, nets, play ground requirements etc., the work done is similar to the works of the other posts like Office Subordinate, sweepers, Thoty, bearer, watchmen, gatemen, dhobi, animal attendant, gardner, ayah etc., which are shown in annexure to the G.O.Ms.No.487 14. not 8 G.O.Ms.No.487 dated 16.02.2008 referred by the dated 06.12.2008. "learned counsel for the writ petitioners, is showing the following categories of Low Grade service employments sanctioned for Guntur Medical College: 11 Office Sub-ordinates Sweepers Thoty Bearer Watchmen Gatemen Dhobi Animal Attendant Ayah Bus cleaner Gardener Sweepers 15 4 3 2 1 3 1 1 1 1 1 The objection of the writ petitioners is that the 1®' respondent-Subba Rao, rendered services as ‘Games Peon’ and such post is not there. The meaning of the word ‘peon’, as per Oxford Dictionary for Indian 15. subcontinent includes a low ranking soldier or worker, therefore, it can be understood that, ‘peon’ is an office messenger, attendant and usually refers to support the staff in an office/association, also known as ‘office assistant’. Their duties include maintaining cleanliness, providing general support to office staff. The Designation ‘peon’ in Government department or office is a category of post having role in day to day functioning of the office. As rightly observed by the learned APAT, nomenclature of the designation does not play major importance but duties of the 1®^ respondent herein- 16. 9 E.Subba Rao, require consideration and important role. continuity of his service plays 17. Learned APAT has correctly addressed all the objections. Reasoning of APAT touching the eligibility of the applicant for regularization in terms of G.O.Ms.No.212 is convincing. Hence, we are of the opinion that there no grounds to interfere with the findings and conclusions drawn by the learned APAT as to the eligibility of the applicant/1 respondent herein regularization in terms of G.O.Ms.No.212, dated 22.04.1994. are for Point framed Therefore, the Writ Petition is liable to be is answered accordingly, dismissed. In the result, the Writ petition is dismissed accordingly. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand SDI- n NAGAMMA j assistant registrar 1 18. closed. //TRUE COPY// o section officer To, Sri. K Ramamohan Advocate [OPUC] Services IV, High Court of Andhra Pradesh [OUT] 1. OneCCto 2 Two CCS to GPfor 3. Two CCS to GP for Services 1, High Court of Andhra Pradesh [OUT] General, High Court of Andhra Pradesh 4. Two CCs to The Advocate [OUT] 5. Three CD Copies GSC HIGH COURT DATED:08/07/2025 ORDER WP NO. 25887 OF 2010 AMDS^ .=5 IIJUIJOS ^ , Current Secnon m to DISMISSING THE WP WITHOUT COSTS