GODA RAGHURAM, J. ( 1 ) HEARD the learned counsel for the petitioner. Learned Assistant Government pleader for Finance and Planning submits that the representation of the respondents has been entrusted to the learned government Pleader for services-III and that the learned Government Pleader for finance and Planning is not representing the respondent Nos. 1 and 2. There is no representation on behalf of the learned government Pleader for Services-III. ( 2 ) THE petitioner is presently employed as a personal Assistant to the leader of the bharatiya Janata Party Legislature Party office (for short bjplp ). She challenges the office Order bearing Rt. No. 777/o. P. I/95 dated 16-10-1995 issued by the 1st respondent as arbitrary and illegal and seeks a direction to the 1st and 2nd respondents to regularise her services from the date of her initial appointment i. e. , 10-9-1985 with all incidental and consequential benefits consequent on the scheme of regularisation issued in G. O. Ms. No. 212 Finance and planning (F. W. P. C. III) Department dated 22-4-1994 (for short g. O. Ms. No. 212 ). ( 3 ) IN W. P. M. P. No. 2898 of 2002, which has been ordered to-day, the petitioner has sought amendment of the relief in the writ petition in addition to the reliefs already adverted to above, for seeking a declaration that the Office Order No. 894/o. P. I/2001 dated 20-12-2001 of the 1st respondent is illegal and be set aside. ( 4 ) WITH effect from 10-9-1985, the petitioner was appointed as a Personal assistant (Typist) in the Office of the BJPLP. On the said date, by the orders of the government in G. O. Ms. No. 430 G. A. (Elec. A) Department dated 10-9-1985 (for short G. O. Ms. No. 430 ), four posts of U. D. Stenographers in the scale of pay of rs. 575-950 were created for providing stenographic assistance to the Floor leaders of the Communist Party of India; the communist Party of India (Marxist), the bharatiya Janata Party and the Janata Party of the Andhra Pradesh State Legislature. In g. O. Rt. No. 9 Legislature (O. P. I) Department dated 20-1-1987 (for short g. O. Rt. No. 9 ), an order was issued re-designating one of the posts of U. D. Stenographers created in g. O. Ms. No. 430 as personal Assistant to the bjplp on a consolidated salary of Rs. In g. O. Rt. No. 9 Legislature (O. P. I) Department dated 20-1-1987 (for short g. O. Rt. No. 9 ), an order was issued re-designating one of the posts of U. D. Stenographers created in g. O. Ms. No. 430 as personal Assistant to the bjplp on a consolidated salary of Rs. 800-00 per month and pursuant to a letter dated 18-8-1996 of the leader of the BJPLP, the petitioner was appointed to the post of a personal Assistant to the Leader of the bjplp with effect from 1-8-1985, the date with effect from which the petitioner was de facto working as a personal Assistant (Typist ). The Order in G. O. Rt. No. 9 does contain all the ritualistic expressions of indeterminate tenure such as that the appointment is purely temporary, without any right or preferential claim to future appointment etc. , ( 5 ) DURING the continuance of the petitioner on such temporary tenure and about nine (9) years subsequent to the initial appointment of the petitioner on 10-9-1985, the State Government issued orders in g. O. Ms. No. 212 enunciating a scheme for absorption/regularisation of certain classes of persons appointed on daily wages/ nmr/consolidated pay. The scheme of regularisation in G. O. Ms. No. 212 was issued pursuant to the principles enunciated in the judgment dated 12-8-1992 in Civil Appeal no. 2979/92 and batch of the Supreme court in State of Haryana v. Piara Singh. Under the provisions of G. O. Ms. No. 212, services of persons, who worked continuously for a minimum period of five years and are continuing as on 25-11-1993 are required to be regularised by the appointing authorities subject to the fulfilment of the conditions set out therein, which include possession of qualification, being within the age limit as on the date of initial appointment, the appointment not violating the rule of reservation wherever applicable, and absorption to be against clear vacancies of posts considered necessary to be continued as per the work load, etc. ( 6 ) AFTER the issuance of the Government orders in G. O. Ms. No. 212, the then Leader of bjplp addressed a letter dated 19-7-1997 recommending the case of the petitioner for regularisation in terms of G. O. Ms. No. 212 stating that the petitioner is qualified in all respects for regularisation of her services as typist in the Legislature Department and commending her services. No. 212, the then Leader of bjplp addressed a letter dated 19-7-1997 recommending the case of the petitioner for regularisation in terms of G. O. Ms. No. 212 stating that the petitioner is qualified in all respects for regularisation of her services as typist in the Legislature Department and commending her services. A similar letter dated 21-9-1994 was also written by a representative of Telugu Desam Party commending regularisation of services of four specified individuals, including the petitioner herein, who have been working as personal Assistants of recognised political offices of Telugu Desam Legislature Party; congress Legislature Party; BJPLP (the petitioner) and the Communist Party of india. This representation was also commending regularisation of services of specified individuals in terms of g. O. Ms. No. 212. ( 7 ) WHILE so, by the Office Order dated 16-10-1995 of the 1st respondent, the services of the petitioner were terminated with effect from 30-6-1995 After-noon. This order refers to a letter dated-nil-purportedly received by the 1st respondent from the Leader of the bjplp. The order dated 16-10-1995 further appoints the 3rd respondent herein temporarily to the post from which the petitioner was terminated i. e. , Typist to the leader of the BJPLP. ( 8 ) AGGRIEVED by her termination froms ervices, the petitioner filed the writ petition on 11-3-1997. An interim direction was granted on 13-3-2000 in W. P. M. P. No. 23154 of 2000 in this writ petition directing the respondents to consider the case of the petitioner for regularisation of her services from the date of her initial appointment in ( 9 ) THE 1st respondent, by the Office Order bearing Rt. No. 894/o. P. I/2001 dated 20-12-2001, rejected the case of the petitioner for regularisation of her service in terms of g. O. Ms. No. 212. This order has been challenged by an amendment of the relief sought in W. P. M. P. NO. 2898 of 2002, which application was ordered by this court to-day. ( 10 ) IT requires to be noticed that one Mr. I. Shivaiah, (who was also appointed as typist in the Telugu Desam Party legislature Office by re-designating the post of U. D. Stenographer, post created in g. O. Ms. No. 430, by the orders in g. O. Rt. No. 2 Legislature (OP. I) Department dated 4-1-1988), was regularly appointed in terms of G. O. Ms. I. Shivaiah, (who was also appointed as typist in the Telugu Desam Party legislature Office by re-designating the post of U. D. Stenographer, post created in g. O. Ms. No. 430, by the orders in g. O. Rt. No. 2 Legislature (OP. I) Department dated 4-1-1988), was regularly appointed in terms of G. O. Ms. No. 212, on a regular scale of pay by the Office Order bearing rt. No. 261/o. P. I/96 dated 30-4-1996 subject to his entitlement to future increments on acquiring the technical qualifications in typewriting Higher Grade in English and subject to regularisation of services with effect from the date of acquisition of such qualifications. The petitioner, however, had not been extended similar benefit and that is the substratum of her grievance running through the writ petition. ( 11 ) THE 1st respondent has filed acounter-affidavit. As the stance of the 1st respondent is singularly unique and insular, i quote the relevant portion in extenso,"it is submitted that before adverting to the several contentions raised by the petitioner in her affidavit a brief back ground of the scheme of rendering clerical assistance to various legislature Parties in the Assembly is given to help this Hon ble Court to appreciate the facts of the case. It is submitted that way back in 1985 the leaders of different opposition parties expressed their desire at the Business advisory Committee that leader of each party in the House should be provided with secretarial assistance on the lines obtaining for the Ministers etc. , to discharge their functions more effectively. The Speaker assured the leaders that their point would be examined in detail in consultation with the Government and a decision taken in due course. Accordingly, orders were issued in G. O. Ms. No. 430 dated 10th September, 1985 creating four posts of U. D. Stenographers to provide stenographic assistance to the Floor leader of C. P. I. , C. P. M. , B. J. P, and janata Dal. Later the said assistance was extended to the rest of the parties also. The idea behind the scheme then was to recruit the candidates against the said post through the normal channel and detail them to the respective party leaders. Later the said assistance was extended to the rest of the parties also. The idea behind the scheme then was to recruit the candidates against the said post through the normal channel and detail them to the respective party leaders. After the issue of the G. O. , mentioned above the Floor leaders represented to the Speaker that the work expected to be discharged by the incumbent stenographers was fraught with political ramifications requiring high degree of confidence and assigning permanent tenure to them distracts the element of choice in selection and discharge by the leader and hence they wanted to have the choice of selection and discharge of the candidates at their will as is obtaining in the case of Peshi officers of Ministers etc. , Accordingly the scheme has been modified, whereunder the leader of the legislature Party is given the choice of selection of his candidate including discharge and the persons so selected can be from the service of Government or from out side. Such appointee is liable to be repatriated to his Parent department or terminated from service by the leader at any time without notice during the term of Assembly and automatically consequent upon the dissolution of Assembly. Under this scheme no permanent appointment is contemplated nor any benefit shall accrue to the appointee like permanence in tenure or promotions etc. , These posts are outside the establishment of the legislature Secretariat. The Secretary, legislature, who is arrayed as respondent in the present Writ Petition has no role in the selection, appointment or termination of the candidates and hence he is neither a proper nor necessary party to the writ petition. The petitioner was terminated from service upon the dissolution of the 8th and 9th Assemblies and reappointed later at the instance of the floor Leader, B. J. P. She was later terminated from the service at the behest of Floor Leader, B. J. P. In the circumstances, the writ is not maintainable against the respondent viz. , Special Secretary and liable to be dismissed. 2. In reply to para-2 of the affidavit of the petitioner, it is submitted that the contention of the petitioner is not correct since the Leader of the legislature Party is given the choice of selection of a candidate including discharge and the person so selected can be from the Government service or from outside. 2. In reply to para-2 of the affidavit of the petitioner, it is submitted that the contention of the petitioner is not correct since the Leader of the legislature Party is given the choice of selection of a candidate including discharge and the person so selected can be from the Government service or from outside. Hence her services were terminated on the strength of the letter issued by the Leader of the B. J. P. , legislature Party and not by respondent No. l by himself. 3. In reply to para-3, it is informed that it is a fact that four posts of U. D, stenographers were created for providing assistance to the Floor leaders of the B. J. P. , C. P. I. , C. P. M. , and janatha Party. Even though she is an outsider Smt. A. Sujatha was appointed as P. A. (Typist) on a consolidated monthly pay of Rs. 800-00 per month on the recommendation of the B. J. P. Floor Leader. 4. In reply to para-4, it is submitted that it is a fact that the post of U. D. Stenographer has been downgraded to that of a Typist in the scale of rs. 910-1625 and that she was adjusted in that post temporarily as Typist. 5. In reply to para-5, it is submitted that since her post is co-terminus with the office of the Floor Leader of B. J. P. , her services were terminated with effect from 30-11-1989 due to dissolution of the Assembly. Again she was reappointed as Typist with effect from 1-12-1989 in view of the fact that sri Ch. Vidyasagar Rao was re-elected and appointed as Floor Leader of B. J. P. , who again sent requisition to appoint her in the said Office. 6. In reply to para-9, it is submitted that as stated in the foregoing paras the recruitment and termination of a candidate in the Offices of various floor Leaders of various political parties is purely at the whims and fancies and at the discretion of the floor Leader concerned. Accordingly she was appointed on the requisition of the Floor Leader namely sri Ch. Vidyasagar Rao and again her services were terminated on the requisition of the same Floor Leader. Accordingly she was appointed on the requisition of the Floor Leader namely sri Ch. Vidyasagar Rao and again her services were terminated on the requisition of the same Floor Leader. Hence the respondent No. l has nothing to do anything in the matter either for the recruitment or for her termination except to act according to their requisitions. (emphasis)7. In reply to para-10 no remarks, however, with reference to the appointment of Kum. P. Madhavi, it is submitted that she was appointed as typist with effect from 1-7-1995 in place of Smt. A. Sujatha in the Office of b. J. P. , only on the requisition of the said Floor Leader. 8. In reply to para-12, it is informed that it is a fact that the services of sri I. Shivaiah who was working as typist in the Office of the Telugu desham Party have been regularised on 30-4-1996, according to the orders issued in G. O. Ms. No. 212, Fin. , and plg. , (FW. PC. III) Dept, dated 22-4-1994 as he was continuing in service on the recommendation of the T. D. P. Legislature Party and after obtaining the concurrence of the Finance department, to fulfil the conditions laid down in the said G. O. , whereas the petitioner was not in service as on that date as her services was terminated with effect from 1-7-1995 since she was not recommended to be continued by the B. J. P. Legislature Party. 9. In reply to para-13, it is submitted that it is a fact that the petitioner was working for 10 years on temporary basis and in a tenure post which is co-terminus with the Office of the Floor leader. Even though she is fully qualified for holding the post of Typist, her case for regulrisation of services could not be done as pointed out in the above said para. Hence the action of respondent No. 1 is legal, valid, proper and bona fide and reasonable. Therefore, for the reasons stated above, the petitioner has no case to grant relief as prayed for. The writ petition is devoid of any merit and is liable to be dismissed. " ( 12 ) FOUR significant aspects emerge from the apparent factual scenario and the stand of the official respondents as reflected in the counter-affidavit of the 1st respondent. Therefore, for the reasons stated above, the petitioner has no case to grant relief as prayed for. The writ petition is devoid of any merit and is liable to be dismissed. " ( 12 ) FOUR significant aspects emerge from the apparent factual scenario and the stand of the official respondents as reflected in the counter-affidavit of the 1st respondent. (1) The post of U. D. Stenographers, re-designated in some cases as the post of personal Assistant (Typist) of leaders of specified Legislature parties are public Offices constituted by and under the State of Andhra Pradesh and amenable to the constitutional and public law discipline under Articles 14 and 16 of the Constitution of India. The incumbents of these posts are paid from the consolidated fund of the state and the public exchequer; (2) As admitted in the counter-affidavit the creation of posts engendered in g. O. Ms. No. 430 (four posts of U. D. Stenographers) is to provide stenographic assistance to the Floor leaders of specified political parties. Admittedly, such assistance was extended to other political parties also in due course. The counter-affidavit admits that the rationale behind the scheme was to recruit candidates against the said posts from the normal channel and to detail them to the respective party leaders. After a formal creation of posts through a formal instrument, it would appear from the assertions in the counter-affidavit of the 1st respondent, that pursuant to a representation from the Floor Leaders to the Speaker that the work expected to be discharged by the incumbent stenographer was fraught with political ramifications requiring a high degree of confidence and assigning permanent tenure to them distracts the element of choice in selection and discharge by the leader and hence they wanted to have the choice of selection and discharge of the candidates at their will as is obtaining in the case of peshi Officers of Ministers etc. , the scheme was modified enabling the leaders of the Legislature Party the choice of selection of their candidates, including discharge and enabling the selection of persons either from those in the service of the Government or outside. The counter of the 1st respondent, however, does not choose to mention whether such modified scheme has been expressed in any extant instrument or whether the modification is on the basis of an oral understanding of the 1st respondent. The counter of the 1st respondent, however, does not choose to mention whether such modified scheme has been expressed in any extant instrument or whether the modification is on the basis of an oral understanding of the 1st respondent. In the absence of any representation on behalf of the official respondents, at the hearing of the writ petition, this court is unable to elucidate any further clarifications either. Proceeding on the presumption of a modification of the scheme as asserted, the counter-affidavit of the 1st respondent proceeds that no permanent appointment was contemplated and that the persons appointed are entitled to hold a public office, to use the expression in the counter-affidavit itself at para-6 thereof, "purely at the whims and fancies and at the discretion of the Floor Leader concerned. " ( 13 ) ON the aforesaid received understanding of the scheme, the 1st respondent contends in the counter-affidavit, the petitioner was terminated from service on the dissolution of 8th and 9th assemblies and re-appointed later at the instance of the Floor Leader of BJPLP. It requires to be noticed, at this stage, that subsequent to her termination by the order impugned in the writ petition, the petitioner was re-appointed with effect from 11-10-1999 vide another Office Order rt. No. 78/o. P/1/2000 dated 3-2-2000 and as on date she is continuing. Responding to the assertion and allegation of the petitioner that the services of similarly circumstanced individual Mr. I. Sivaiah was regularised by the Office Order dated 30-4-1996 while denying her a similar and equal treatment, more so, as Mr. I. Sivaiah was appointed in the year 1988, much later to her appointment, the counter-affidavit admits at para-8 that the services of Sri I. Shivaiah, typist in the office of the Telugu Desam legislature Party were regularised on 30-4-1996 according to the orders in g. O. Ms. No. 212, as the individual was continuing in service on the recommendation of the leader of the Telugu desam Legislature Party and after obtaining the concurrence of the Finance Department to fulfil the conditions laid down in the government Order; whereas the petitioner was not in service as on that date and her services were terminated with effect from 1-7-1995 since she was not recommended to be continued by the BJPLP. ( 14 ) IT is discernable that Mr. ( 14 ) IT is discernable that Mr. I. Sivaiah, a person similarly circumstanced and junior to the petitioner working in the Telugu desam Legislature Party was regularised by the order dated 30-4-1996 of the 1st respondent, even though he did not have the requisite qualifications and his regularisation was subject to his acquiring such qualifications, as apparent from the order dated 30 -4-1996 of the 1st respondent. In respect of the petitioner, the counter affidavit of the 1st respondent admits (paragraph-9) that the petitioner is fully qualified for holding the post of Typist, but asserts that her case for regularisation could not be considered in view of what has been stated in the earlier paragraphs of the counter (which has been extracted in this judgment supra ). The counter-affidavit does not set out the reasons why concerns confidentiality as are asserted in the counter-affidavit, do not enable a regular recruitment. In the absence of any representation on behalf of the official respondents, at the hearing, no oral elicitation on this issue from the respondents was possible. It defies comprehension as to what are those levels of confidentiality that deny the employment of regular employees in posts created and funded by the State and are therefore governed by all public and constitutional law injunctions, in particular under Articles 14 and 16 of the Constitution of India in relation to the areas of recruitment to such service and the conditions governing the continuance in such service. There are other offices of confidentiality whether in the Armed Forces or in Civil Services and at higher levels too for that matter, including the posts of secretaries to the Government and Personal secretaries and the like to the Judges of the superior Courts, which are equally public offices requiring a high degree of confidentiality and these posts have not been asserted to require a temporary or insecure tenure to ensure that the incumbents conform to the requirement of confidentiality. It is not apparent to this court as to why the requirement of confidentiality of a particular incumbent -Leader of a Legislature Party, could not equally be met by affording a choice of drawal of any incumbent of regular service and why the post of an Upper Division clerk or a Personal Assistants have to be temporary to ensure the asserted degree of confidentiality. The counter affidavit is also silent as to how the requirement of confidentiality and of insecure tenure for ensuring such confidentiality is satisfied by the regularisation of Mr. I. Sivaiah by the office Order dated 30-4-1996 of the 1st respondent. The only apology of an answer furnished in the counter-affidavit is that mr. I. Sivaiah was in active office as on the date of the order of regularisation dated 30-4-1996 - a requirement that does not proceed from any rational of the provisions of G. O. Ms. No. 212 or any other extant instrument, legislative or administrative of the State, furnished in support of such stand. This court is, therefore, constrained to hold that this stance is adopted by the State only with a view to defeat the claims of the petitioner. This stand is irrational and is so recorded. The hostile discrimination meted out to the petitioner vis-a-vis the benefits conferred on Mr. I. Sivaiah by the Office order dated 30-4-1996 of the 1st respondent is actionable at law since the Office held by both Mr. I. Sivaiah and the petitioner are pursuant to the creation of posts in g. O. Ms. No. 430 and incumbency in the office of Personal Assistants (Typists) to leaders of the Legislature Parties in the assembly have been held by the petitioner and Mr. I. Sivaiah pursuant to the orders of the State Government, which I have already concluded supra, are offices governed by constitutional and public law injunctions in particular those enumerated in Articles 14 and 16 of the Constitution of India. Admittedly, the petitioner is qualified for regularisation in terms of G. O. Ms. No. 212. ( 15 ) ON the analysis of the facts and circumstances and application of the obligations inhering in the 1st and 2nd respondents and under Articles 14 and 16 of the Constitution of India, this court is of the considered view that the action of the respondents in denying the petitioner the benefit of regularisation of services is arbitrary and contrary to the equality injunctions of the Constitution of India. It is declared accordingly. The Office Order rt. No. 777/o. P. I/95 dated 16-10-1995 of the 1st respondent terminating the services of the petitioner as well as the Office Order rt. It is declared accordingly. The Office Order rt. No. 777/o. P. I/95 dated 16-10-1995 of the 1st respondent terminating the services of the petitioner as well as the Office Order rt. No. 894/o. P. I/2001 dated 20-12-2001 rejecting the petitioner s application for regularisation for the same reasons above, are illegal and are declared as void ab-initio and inoperative. The petitioner is entitled for regularisation of her services in terms of g. O. Ms. No. 212 and the 1st respondent is directed to consider the case of the petitioner for regularistion in terms of G. O. Ms. No. 212 and in the light of the observations made herein above. ( 16 ) THE writ petition is allowed. The costs are quantified at Rs. 2,000-00 (Rupees two thousand only) payable by the respondents to the petitioner.