A. Rajeswar Vs. Mananging Director, Apsrtc and ors.

service - employment - regulation 13 (7) of andhra pradesh state road transport corporation employees (pay and allowances) regulations, 1964 - petitioner joined service temporarily and thereafter it has been regularized under regulation 13 (7) with immediate effect - petitioner contended his service be regularized with effect from date of initial appointment - petition be allowed - respondents directed to regularize petitioner's service with effect from date of initial appointment with all consequential relief. - specific relief act, 1963 [c.a. no. 47/1963]. sections 31 & 34: [bilal nazki, v.v.s. rao & g. chandraiah, jj] [per court] cancellation of registered sale deed inherent power of registering authority - fraudulent transfer of property sale taking place by reason of fraud played by transferor and transferee held, it is void. true owner can nullify the sale by executing and registering a cancellation deed without seeking declaration or cancellation of fraudulent transfer deed from court. registering authority is empowered to cancel sale deed earlier registered. registration of document cannot be understood to be an absolute sale divesting vender of its title else it would render sections 31 and 34 of specific relief act, otiose. -- transfer of property act,1882[c.a. no. 4/1882]. sections 53 & 126: [per court] cancellation of registered sale deed inherent power of registering authority - fraudulent transfer of property sale taking place by reason of fraud played by transferor and transferee held, it is void. true owner can nullify the sale by executing and registering a cancellation deed without seeking declaration or cancellation of fraudulent transfer deed from court. registering authority is empowered to cancel sale deed earlier registered. registration of document cannot be understood to be an absolute sale divesting vender of its title else it would render sections 31 and 34 of specific relief act, otiose. order1. rule nisi. smt. a. vyiayanthi, learned standing counsel took notice for the respondents. the writ petition was heard finally with the consent of the learned counsel for the parties.2. the petitioner joined service of andhra pradesh state road transport corporation as conductor on ad hoc basis with effect from 24-5-1984. the petitioner's services were regularised w.e.f., 1-6-1985 by the corporation acting under regulation 13 (7)of the andhra pradesh state road transport corporation employees (pay and allowances) regulations. 1964. the grievance of the petitioner is that his services in the cadre of conductor ought to have been regularised w.e.f. the date of his initial appointment i.e. 24-5-1984. the question whether the petitioner is entitled to the said relief is fully covered by a division bench judgment of this court in apsrtc v. p.t. rao and others, : 1998(3)ald45 . in para 5 of the said judgment, the division bench held that the workmen arc entitled to the regularisation of their services from the date of their initial appointment to the posts in question on completion of 240 working days. however, the learned standing counsel for the respondent corporation, adverting to the phrase 'on completion of 240 working days' occurring in para (5) of the judgment would contend that the petitioner is entitled to regularisation of services only with effect from the date on which he completed 240 days of continuous service. this contention is required to be noticed only to be rejected for more than one reason. what the division bench said in para (5) docs not support the contention of the learned standing counsel. it is trite to state that a workman does not acquire a right to be considered for regularisation unless he completes 240 days of service and therefore the pharsc 'on completion of 240 working days' occurring in para (5) of the judgment has to be understood in that context. added to this admittedly, another division bench judgment of this court in writ.....