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2025 DAILYLAW 14631 (AP)

VASANTHATI JYOTHI KUMARI v. THE STATE OF ANDHRA PRADESH

WP/9302/2025 · 2025-04-09

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMAR (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 9302 OF 2025 Between: 1. Vasanthati Jyothi Kumari, D/o. V.Mangarao, Aged 38 years, ANM II, Koyyalagudem PHC. 2. Nathala Renukha, W/o.Vasanth Kumar, Aged 40 years, ANM II, Koyyalagudem PHC. 3. Sattarapu lakshmi, W/o. M.Venkata Kumar, Aged 35 years, ANM II Koyyalagudem. 4. Kokkera Sarojini, Koyyalagudem PHC. 5. Pennada Chitti Thalli, W/o.Suresh Kumar, Aged 38 years ANM II, Koyyalaguem PHC 6. Pedagarla Suvarnalilli, W/o. P.Yesupadam, Aged 38 years ANM II, Yarraguntapalli PHC. W/o.K.Pentayya, Aged 40 years, ANM II ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Health, Medical and Family Welfare, Secretariat, 5 Block, Ground Floor, AP Secretariat Office, Velagapudi, Guntur District. Ground Floor, Room No. 35, A.P. Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Director of Public Health & Family Welfare Department, Gollapudi, Vijayawada, Andhra Pradesh. th 4 3. The Commissioner, Health and Family Welfare Department, Gollapudi, Vijayawada, Andhra Pradesh. 4. The District Medical Health Officer, Eluru District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in not Regularizing the petitioners in light of orders passed by the Hon’ble Apex Court in Jaggo Vs. Union of India Act 30/2023 vide G.O.Ms No. 114 and also in vide of the order passed by this Hon’ble Court in W.P.No.30588/2018 as illegal, arbitrary and violation of principles of natural justice and also Articles 14,16, 19 and 21 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners. lA No: 1 OF 2025 Petition under Section 151 CPC 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 to regularize the services of the petitioners under A.P Regularization of Contract Employees Act (Act 30 / 2023) vide G.O.Ms No. 114. Counsel for the Petitioners: SRI PRASANNALA KANCHARLA Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES-I The Court made the following: ORDER ■ 4 APHC010182202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY .THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9302/2025 Between: Vasanthati Jyothi Kumari and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.PRASANNALA KANCHARLA Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: 2 CGR.J W.P.No.9302 of 2025 ORDER: The present writ petition is filed to declare the action of the respondent authorities in not regularizing the petitioners as per the provisions of the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (Act 30 of 2023), as illegal and arbitrary. Heard Smt. Prasannala Kancharla, learned counsel for the petitioners and learned Government Pleader for Services-I appearing for the respondents. 2. At the hearing, learned counsel for the petitioners and learned Government Pleader for Services-1 would submit that the matter is 3. squarely covered by the common order dated 14.02.2024 passed by the Division Bench of this Court in W.P.Nos.30588 of 2018 and batch. The Division Bench of this Court while disposing of the batch of the writ petitions, observed as under; The Ld.G.P. would submit that in the light of the new enactment viz., the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (Act 30 of 2023) (G.O.Ms.No.114), the instant petitioners would be entitled for the relief in terms of the scheme formulated by the State under the said enactment and that as per the scheme of the enactment, all persons who have been hired on contract basis and whose selection has 3. 3 CGR, J W.P.No.9302 of 2025 been pursuant to the selection process stipulated under the Rules, such persons would be entitled for absorption if they were in service as on 02.06.2014. In the light of the said submission of the learned G.P. for Services-IV, we are of the considered view that the cases of the petitioners would have to be reconsidered by the competent authority. 4. The competent authority shall consider the case of the petitioners in terms of Act 30 of 2023 within an outer limit of three months and pass appropriate orders with regard to regularization and absorption...” 5. In view of the facts and circumstances of the case, the present 4. Writ Petition is disposed of in terms of the common order dated 14.02.2024 passed by the Division Bench of this Court in W.P.Nos.30588 of 2018 and batch. There shall be no order as to costs. The Registry is directed to annex a copy of the common order dated 14.02.2024 passed by the Division Bench of this Court in 5. W.P.Nos.30588 of 2018 and batch to this order. As a sequel, miscellaneous petitions, pending if any, shall Sd/- K. SRINIVASA RAJU assistant registrar stand closed. //TRUE COPY// SECffel OFFICER To, 1. The Principal Secretary, Department of Health, Medical & Family Welfare, State of Andhra Pradesh Secretariat, 5'^ Block, Ground Floor, AP Secretariat Office, Velagapudi, Guntur District. Ground Floor, Room No. 35, A.P. Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. € 2. The Director of Public Health & Family Welfare Department, Gollapudi, Vijayawada, Andhra Pradesh. 3. The Commissioner, Health and Family Welfare Department, Gollapudi, Vijayawada, Andhra Pradesh. 4. The District Medical Health Officer, Eluru District, Andhra Pradesh. 5. One CC to Smt. Prasannala Kancharla, Advocate [OPUC] 6. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. (Along with the Copy of the Order in WP.Nos.30588 of 2018 & Batch, dated 14.02.2024) gi HIGH COURT gi DATED:09/04/2025 ORDER WP.No.9302 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r 1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR APHCO1063808201S r PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.30588. 30592. 30886, 30890, 30893 & 30905 of 2018 Writ Petition No.30588 of 2018 Between: D.CHATARI @ CHATARJEE AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OF A P AND OTHERS ...RESPONDENT(S) Counsel for the Petitioner(s):SRI. SRINIVAS BOBBILI Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) WRIT PETITION NO: 30592 OF 2018 Between: K.BUJJI BABU AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OF A P AND OTHERS ...RESPONDENT(S) Counsel for the Petitioner(s):SRI. SRINIVAS BOBBILI Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) WRIT PETITION NO: 30886 OF 2018 Between: R.N.GOPINATH, AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OF A P AND OTHERS ...RESPONDENT(S) Counsel for the Petitloner(s):SRI. SRINIVAS BOBBILI 2 Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) WRIT PETITION NO: 30890 OF 2018 Between: ALLADA SATYANARAYANA AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S) Counsel for the Petitioner(s):SRI. SRINIVAS BOBBILI Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) WRIT PETITION NO: 30893 OF 2018 Between: B MANOHAR AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OF A P REPRESENTED BY ITS PRINCIPAL SECRETARY AND OTHERS ...RESPONDENT(S) Counsel for the Petitioner(s):SRI. SRINIVAS BOBBILI Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) WRIT PETITION NO: 30905 OF 2018 Between: SAMPENGA SURESH KUMAR AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OF A P AND OTHERS ...RESPONDENT(S) Counsel for the Petitioner(s):SRI. SRINIVAS BOBBILI Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP) The Court made the following: 3 COMMON ORDER: (per HonlDle Sri Justice G.Narendar) When these cases are called, there is no representation on behalf of the petitioners. Heard Sri Vadapalli Ramesh, learned Government Pleader 2. for Services-IV, appearing for the respondents. The Ld. G.P. would submit that in the light of the new enactment viz., the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (Act 30 of 2023) (G.O.Ms.No. 114), the instant petitioners would be entitled for the relief in terms of the scheme formulated by the State under the said enactment and that as per the scheme of the enactment, all persons who have been hired on contract basis and whose selection has been pursuant to the selection process stipulated under the Rules, such persons would be entitled for absorption if they were in service as on 02.06.2014. 3. 4. In the light of the said submission of the learned G.P. for Services-IV, we are of the considered view that the cases of the petitioners would have to be reconsidered by the competent authority. 4 The competent authority shall consider the case of the ■-r' 5. petitioners in terms of Act 30 of 2023 within an outer liihit of three months and pass appropriate orders with regaird to regularization and absorption. 6. Accordingly, all these Writ Petitions are disposed of by placing the submission of the Ld. G.P. (Services-IV) Sri Vadapalli Ramesh, on record. No costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. JUSTICE G.NARENDAR JUSTICE NYAPATHY VIJAY Date: 14.02.2024. cs/anr