S.B.Sinha, C.J. - (1.) These appeals and the writ petitions involve the question as regards vires of the A.P. (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 2 of 1994 as amended by Act 3 of 1998 and Act 27 of 1998 inter alia on the ground that the judgment of this Court as affirmed by the Supreme Court of India has been sought to be overruled by taking recourse to legislative action. The Apex Court in State of Haryana vs. Pyara Singh has asked the respective State Governments to frame a scheme for regularisation of ad hoc, temporary and NMR employees. The State assured before the Supreme Court that a scheme is going to be formulated for regularisation of the daily wage employees. In terms of observations made by the Apex Court, the Government of Andhra Pradesh issued G.O.Ms. No.212, Finance and Planning, (FW.PC III) Department dated 22-4-1994 whereby and whereunder the services of temporary employees appointed on daily wages, NMR or on consolidated pay who had put in minimum five years of service as on 25-11-1993 were sought to be regularized subject to the fulfillment of following conditions: The persons appointed should possess the qualifications prescribed as per rules in force as on the date from which his or her services have to be regularized. They should be within the age limits as on the date of appointment as NMR/Daily wage employee. The Rule of Reservation wherever applicable will be followed and backlog will be set off against future vacancies. The sponsoring of candidates from Employment Exchange is relaxed. Absorption shall be against clear vacancies of posts considered necessary to be continued as per workload excluding the vacancies already notified to the Andhra Pradesh Public Service Commission/ District Selection Committee. In the case of Workcharged Establishment, where there will be no clear vacancies, because of the fact that the expenditure on Workcharged is at a fixed percentage of P.S. charges and as soon as the work is over, the services of Workcharged establishment will have to be terminated, they shall be adjusted in the other departments, District Offices provided there are clear vacancies of last Grade Service.
(2.) The Government of Andhra Pradesh enacted A.P. (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act 2 of 1994 (for brevity, hereinafter referred to as Act No.2 of 1994) for regulating appointments and prohibiting irregular appointments in offices and establishments under the control of the State Government, local authorities, Corporations owned and controlled by the State Government and other bodies established under a law made by the Legislature of the State to reationalize the staff pattern and pay structure of the employees therein and for matters connected therewith or incidental thereto.
(3.) Section 2(ii) of the Act No.2 of 1994 defines 'daily wage employee' to mean, Any person who is employed in any public service on the basis of payment of daily wages and includes a person employed in any public service on the basis of payment of daily wages and includes a person employed on the basis of nominal muster roll or consolidated pay either, on full time or part time or piece rate basis or as a workcharged employee and any other similar category of employees by whatever designation called other than those who are selected and appointed in a sanctioned post in accordance with the relevant rules on a regular basis.;