ORDER : This writ petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a writ orders or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not passing any orders on petitioner representations Dt 5.9.2012 and 16.07.2020 and on different proceedings from respondents and the action of the respondents more particularly respondent No 3/Deputy Transport Commissioner Kadapa in not allowing the petitioner for duties on daily wages basis in the existing services, as arbitrary, illegal and violation of principles of natural justice consequently direct the respondents more particularly 3rd respondent to consider for conversion to the post of office subordinate in the existing clear vacancy in the office of the 3rd respondent i.e., Deputy Transport Commissioner, Kadapa and to pass….” 2. The grievance of the petitioner is that he applied for the post of Generator Operator-Cum-Water boy to meet his family necessities as he is only the bread winner of the family since having aged parents. The Deputy Transport Commissioner, Kadapa has issued appointment orders as Generator Operator-Cum- Water Boy on daily wages basis to work in his office, vide proceedings Roc.No.3695/B1/2010, dt.10.8.2010, and the petitioner has been working without any unblemished record as contingent worker on a wage @Rs.600/- p.m. Further, the Petitioner has submitted an application to the Transport Commissioner, A.P., through the Deputy Transport Commissioner, Kadapa on 05.09.2012 with a request to consider for conversion to the post of last Grade Services i.e., with an existing vacancy Office Subordinate since he fulfilled requisite qualification and being in service. It is further stated that due to major repairs of Diesel Generator, the petitioner could not get his wages from May 2012 onwards. Later, the petitioner came to know that since five posts of Office Subordinate are vacant in the Transport Dept., Kadapa, therefore, he made an application to respondents for the said post on 5.9.2012 requesting to consider for conversion to the post of last Grade Services (Office Subordinate) to adjust in the already existing clear vacancy in the same office. Inspite of existing clear vacancies and several communications and recommendations made by the Officers concerned, no action was taken by the Respondents. Hence, the present writ petition. 3. Inspite of existing clear vacancies and several communications and recommendations made by the Officers concerned, no action was taken by the Respondents. Hence, the present writ petition. 3. This Court vide order dated 28.7.2022 this Court held that, since long time the respondents did not choose to file counter and again they sought time for filing counter. In spite of time granted by this Court on earlier occasions, they failed to comply with Rule 12(1) of the Writ Rules, therefore the respondents were directed to file counter along with leave petition. Thereafter, the respondents filed leave petition vide I.A No.1 of 2022 along with counter affidavits explaining the delay for filing counter affidavit. The said I.A.No.1 of 2022 was allowed and the counter affidavits are taken on record. 4. The counter affidavit has been filed by the 3rd respondent. While denying the allegations made in the writ petition, contended that, the request of the petitioner for absorption in the post of office subordinate in clear vacancy is not feasible as the Collector and District Magistrate is only competent to allot the eligible candidates to the District Offices. It is submitted that averments made by the petitioner that he was neither paid the salaries for the period from October 2014 nor termination letter was issued, is not correct as he was terminated on 09.09.2014. It is further stated that the very appointment of Sri Mohammed Basha on daily wages was highly irregular for which the explanation of the Deputy Transport Commissioner, Kadapa was also called for. An order given without authority by any official cannot be a grant for the Petitioner any right to continue his services in the department. Such continuation of illegal appointment would not only put a financial burden on the Government but also would spoil the fair chances of those candidates who would have got the appointment if due procedure was followed. It is stated that his subsequent representations for conversion were also not considered as there is no provision for such absorption/conversion of a daily wage employee in the last grade service post. It is stated that his subsequent representations for conversion were also not considered as there is no provision for such absorption/conversion of a daily wage employee in the last grade service post. It is further stated that the Petitioner was terminated on 9.09.2014 itself and he is no longer in service and the contention of the Petitioner saying that Deputy Transport Commissioner Kadapa is not allowing him to work on daily wage basis is not correct in view of the existing instructions given by the Government. Moreover the terminate proceedings was issued to the petitioner on 09-09-2014 and the petitioner has not questioned the same till 2014 and after 2014 the department has not utilized the service of petitioner therefore, the question of payment of salaries does not arise. 5. It is further stated in the counter affidavit that, the representation given by Shaik Mohammad Basha for conversion as Office Subordinate cannot be considered as his appointment as Generator Operator cum Water Boy given by Deputy Transport Commissioner, Kadapa on daily wages vide proceedings dated 10.08.2010 itself is in violation of Section 3 of Act Andhra Pradesh Acts ordinance and Regulations of 1994 and as such he was terminated on 09.09.2014. As he is not a regular employee, conversion as Office Subordinate does not arise and as such his representation for conversion as Office Subordinate was rejected by Transport Commissioner, on 03rd May 2022. Therefore, prayed to dismiss the writ petition. 6. Reply affidavit has been filed by the petitioner to the counter affidavit filed by the respondents and stated that the Transport Commissioner, A.P., Hyderabad in Memo letter No.1869/C1/C4/2013, dated 04.11.2015 addressed to the Deputy Transport Commissioner, Kadapa had discussed appointment of petitioner stating that the Government have requested to furnish detailed report as to whether or not Audit objections were raised by the Principal Accountant General’s office for payments made to contingent staff when appointments on contingency basis were prohibited in Government Offices under Act 2, 1994 during the period from 1994 to 2014 and requested the Deputy Transport Commissioner, Kadapa to furnish details of Audit paras raised by the Principal Accountant General's office for payment made to contingent staff. It is further stated that, no any Audit objection has been arisen by the A.G., ?.?. It is further stated that, no any Audit objection has been arisen by the A.G., ?.?. Hyderabad towards payment made contingent staff, and that no reply has been sent to the Transport Commissioner, A.P. Hyderabad by the Deputy Transport Commissioner, Kadapa in this regard. It is further stated that the application is likely to be in live process being prolonged to consider further appointment to the last grade service, being understood favour of the petitioner but not closed file either in the office of the Transport Commissioner, A.P. Vijayawada or Deputy Transport Commissioner, Kadapa. And it is very pertinent and Kind attention is invited towards his antecedent during his tenure period from 10.08.2010 to 09.09.2014 for more than 04 years that no adverse remarks of Moral turpitude grave dereliction towards his attitude, knowledge, skill behavior, which needed vital facts and figure to attend public service. 7. It is further stated in the reply affidavit that, As per appointment order the appointing authority i.e., the then Deputy Transport Commissioner, Kadapa has clearly mentioned in its order the appointment is on contingent basis and evidently proved the salary bills was drawn from the District Treasury Officer, Kadapa and audited by the Accountant General, A.P. Hyderabad and also disciplinary action was initiated by the Transport Commissioner, A.P. Hyderabad and charges framed against the then Deputy Transport Commissioner, Kadapa and charges were dropped the Government on technical grounds for the reasons stated that the then Deputy Transport Commissioner, Kadapa has low vision quota selected by APPSC though she is Group-I Officer and knowledge of Fundamental and Constitutional and also passed Transport Departmental tests and also applied for conferred IAS the mistake done by the appointing authority cannot excused under any circumstance and hence the petitioner is entitled under G.O.Ms. No. 212, Govt. of A.P. with all consequential benefits from the date of unauthorized termination otherwise the petitioner is for all benefits and reinstate into service with back wages as per rules and citations of catena judgments of Hon'ble Supreme Court and Hon'ble High Court and also requested to take contempt action against the then Deputy Transport Commissioner, Kadapa and also she was recently promoted as Joint Transport Commissioner by the Government. 8. Heard Sri M. Chinnapa Reddy, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Services appearing for the respondents. 9. 8. Heard Sri M. Chinnapa Reddy, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Services appearing for the respondents. 9. On hearing, learned counsel for the petitioner while reiterating the averments made in the petition submits that the Rule 32 states that the Head of the Department is competent to relax rules relating to transfer promotion or other service conditions governed by these rules or special rules in respect of posts carrying a scale of pay less than that of Junior Assistant in his Department. Therefore, learned counsel requests this Court to pass appropriate orders. 10. On the other hand, learned Assistant Government Pleader has also while reiterating the averments made in the counter, submits that, the petitioner who worked as Generator Operator cum Water Boy on daily wages was given termination orders vide proceedings No.3/A1/2014 dated 9.9.2014 as per instructions of the Joint Transport Commissioner (Vigilance). She further submits that the contention of the petitioner that DTC, Kadapa is not allowing the petitioner to work on daily wage basis is not correct in view of the existing instructions given by the Government and moreover the terminate proceedings were also issued to the petitioner. Therefore, the petitioner is not entitled for any relief sought for in this writ petition and prayed to dismiss the same. 11. On a perusal of the material on record, it is observed that, as per letter No.4767/A1/2012, dated 28.01.2015, wherein it was mentioned that on 10.08.2010, the then Deputy Transport Commissioner, Kadapa was appointed Sri Shaik Mohammed Basha, as Generator Operator cum Water Boy in the O/o the DTC, Kadapa, on daily wage basis vide Roc No.3695/B1/2010. Again on 10.09.2014 the then Deputy Transport Commissioner terminated and cancel the above proceedings issued on 10.8.2010 as per the instructions of Joint Transport Commissioner (Vigilance). 12. It is further observed that, the Government vide Memo No.1947/Ser.IV/(1)/2013 Tr.R&B Department (Ser.IV) dated 27.2.2013, the request of the petitioner was received and thereafter the Government vide Memo No.9589/Tr.II(2)/2014, dated 10.12.2014 requested the Transport Commissioner to look into the matter and take necessary action. 12. It is further observed that, the Government vide Memo No.1947/Ser.IV/(1)/2013 Tr.R&B Department (Ser.IV) dated 27.2.2013, the request of the petitioner was received and thereafter the Government vide Memo No.9589/Tr.II(2)/2014, dated 10.12.2014 requested the Transport Commissioner to look into the matter and take necessary action. Thereafter, the Transport Commissioner examined further as per Section 3(1) of the Act 2 of A.P. Acts Ordinance and Regulations of 1994 and concluded the appointment of Sri Shaik Mohammed Basha as Generator Operator on contingent basis was irregular and DTC, Kadapa was advised to reject the request of the individual vide Memo No.1869/C1/2013 dated 20.03.2015 and further called for explanation from Smt. Krishnaveni, the then DTC, Kadapa who gave appointment to the petitioner as Generator Operator on contingent basis which was irregular in terms of provisions of Act II of AP Acts Ordinance and Regulations of 1994. Accordingly, Smt.B.Krishnaveni has given explanation vie R.No.532/A1/2015, dated 26.03.2015 stating the particulars of “The circumstances for appointing Sri Shaik Mohammad Basha as Generator Operator cum Water Boy” and also stating about the “Reasons for cancellation of appointment orders” etc. After considering the explanation, the Government vide Memo No.4976/Vig.Tr/2/2015((181924) dated 08.04.2021, has dropped further action against Smt.B.Krishnaveni, the then DTC, Kadapa. 13. This Court further observed that, in the present case, the petitioner herein has filed salary slips/Advance Receipts for the period from March 2014 to July 2014 only as material papers. Therefore, it is evident that from the date of termination dated 09.09.2014 there are no salary slips/advance receipts and there is no proof of evidence to show that he is continuing in the post of Generator Operator cum Water Boy. This Court further observed that the very appointment of the petitioner on daily wages was highly irregular for which the explanation of DTC was also called for. An order given without authority by any official cannot be a ground for the individual to continue his services in the department. Such continuation of illegal appointment would not only put a financial burden on the government but also would spoil the fair chances of those candidates who would have got the appointment on merit if due procedure was followed. An order given without authority by any official cannot be a ground for the individual to continue his services in the department. Such continuation of illegal appointment would not only put a financial burden on the government but also would spoil the fair chances of those candidates who would have got the appointment on merit if due procedure was followed. Therefore the representations which were given by the petitioner for conversion as Office Subordinate cannot be considered as appointment as Generator Operator cum Water Boy given by DTC, Kadapa on daily wages vide proceedings dated 10.08.2010 itself is in violation of orders of Government in Section 3 of the Act 2 of 1994 and as such he was terminated. Further, the said representation was rejected by the by the Transport Commissioner vide Letter No.13030/7/C4/2018, (Old File 1869/C1/C4/2013) dated 3.5.2022 stating that as the petitioner is not a regular employee, conversion as Office subordinate does not arise. 14. In view of the foregoing discussion, this Court further observed that, during pendency of the enquiry against Smt B.Krishnaveni, the then DTC, the representations were not considered by the respondent authority till 2022. Later, when the action against the said Smt.B.Krishnaveni was dropped by the Government, then the authorities issued the rejection orders dated 3.5.2022.Therefore, this Court found no merit in the present writ petition and the same is liable to be dismissed. 15. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to challenge the rejection proceedings dated 3.5.2022 before the appropriate authority. There shall be no order as to costs. 16. As a sequel, all the pending miscellaneous applications shall stand closed.