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2025 DAILYLAW 11995 (AP)

GOLLAPALLI AUGUSTINE RATNA RAJ v. THE STATE OF ANDHRA PRADESH

WP/7594/2025 · 2025-03-25

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7594 OF 2025 Between: Gollapalli Augustine Ratna Raj, S/o. Gollapalli Satuya Raj, C/o. Koti Sreeramulu, #4-153-26-2, Teachers Colony, Near Airte! Tower, Dhone, Dhone, Kurnool-518 222. -air ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Health Medical and Family Welfare Department Velagapudi, Guntur District- 522238 2. The Director of Medical and Health Services, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District - 522001. 3. The District Medical and Healtfi Officer, Ananthapuram , Ananthapurar^’ District Wa Secretariat, ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not extending the benefit of regularization to the Petitioner who was initially appojrTte5i as Lab Attendant against the post of Lab Technicians Grade II with effect from the date of appointment, as per; i.] .••■I’ V the principles laid down by the Division Bench of the Hon’ble High Court in WP. 16002/2010 19.02.2020 as arbitrary, illegal and violation of Articles 14, 1 i i. J 16 and 21 of the Constitution of India, and further directs the Respondents to regularising the service of the Petitioner as Lab Technician with all consequential monetary benefits against the post of Lab Technicians Grade »• II with effect from the date of appointment. lA NO: 1 OF 2025 '' i Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents, more particularly the 3rd Respondent to consider the Representation of the petitioner dated 23.10.2020 in view of the principles laid down by the Division Bench of the Hon’ble High Court in WP. 16002/2010 Dt. 19.02.2020. Counsel for the Petitioner: SRI KALAKOTISUNIL KUMAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER •T; i T APHC010140322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7594/2025 Between; Gollapalli Augustine Ratna Raj ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KALAKOTI SUNIL KUMAR Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not extending the benefit of regularization to the Petitioner who was initially appointed as Lab Attendant against the post of Lab Technicians Grade II with effect from the date of appointment, as per the principles laid down by the Division Bench of W.P.No.16002/2010 dated 19.02.2020 as arbitrary, illegal and violation of Articles 14, 16 and 21 of the Constitution of India, and further directs the respondents to regularizing the service of the Petitioner as Lab Technician with all consequential monetary benefits against the post of Lab Technicians Grade 11 with effect from the date of appointment and pass such other order or orders....” Heard Sri K.Sunil Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-1 for Hon’ble High Court in the 2. respondents. nd In pursuance of notification dated 01.05.1995, issued by 2 respondent, the petitioner applied for the post of Lab Technician and got selected. In terms of Rule 5(2) read with Annexure II of G.O.Ms.No.243, Health, Medical & Family Welfare (K.2) Department dated 11.04.1990, it was provided that if the candidate with the certificate of certified Lab Technician is not available, a candidate with a certificate of certified Lab Attendant may be appointed. However, the said candidate should pass the certified Lab 3. 3 Technician course within the period of probation. As the course of Lab Technician was not immediately available, the petitioner could not secure Lab Technician course certificate and only after the course came to be introduced in the year 2001, he passed such examination and secured Lab Technician Certificate. Candidates who were working as Lab Attendants and were appointed as Lab since their services were not regularized, approached the Andhra Pradesh Administrative Tribunal O.A.No.546 of 2007, seeking direction for regularization of services from the date of their initial appointment, inasmuch as, they have secured the Lab Technician certificates. % \ Technicians Grade-ll in The Tribunal by judgment dated 20.05.2009, allowed the same, directing the respondents to regularize the services of applicants therein from the date of initial appointment as Lab Technicians Grade-ll with all consequential benefits. The said order has been affirmed by the Division Bench of this Court in W.P.No.16002 of 2010, by rejecting the same at the instance of the Government. In terms of aforesaid order, candidates therein regularized by proceedings vide Rc.No.1388/E4/2009 dated 23.09.2020. The petitioner claiming parity with aforesaid candidates, submitted representation dated 23.10.2020 to 3"'^ respondent for considering his case in line with aforesaid orders of the Andhra Pradesh Administrative Tribunal, as confirmed by Division Bench of 4. were 4 * this Court. The petitioner once again submitted yet another representation dated 24.12.2024. through proper channel, to the 2 respondent and the same is stated to be pending consideration. nd 5. Learned counsel for the petitioner submits that it would suffice to direct respondents to consider his representations for present, which learned Assistant Government Pleader for respondents acceded to. In view of aforesaid submissions, the Writ Petition is disposed of, at the admission stage, without expressing any opinion on merits, by directing respondent No.3 to consider and pass appropriate orders on petitioner’s representations dated 23.10.2020 and 24.12.2024, keeping in view of orders passed by the Andhra Pradesh Administrative Tribunal in O.A.No.546 of 2007, confirmed by the Division Bench of this Court in W.P.No.16002 of 2010, as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 6. as As a sequel, miscellaneous petitions, pending if any, shall stand closed. OFFICER I: //TRUE COPY// SEC To, 1. The Principal Secretary, Health Medical and Family Welfare Department, Secretariat, Velagapudi, Guntur District- 522238 2. The Director of Medical and Health Services, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District - 522001 3. The District Medical and Health Officer, Ananthapuram, Ananthapuram District 4. One CC to Sri Kalakoti Sunil Kumar, Advocate [OPUC] 5. ,Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] ' 6. Three CD Cooies HIGH COURT DATED:25/03/2025 ORDER WP.No.7594 of 2025 I 0 3 APR 2025 d Current section ^^’''sLpespATC^^?'^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS