Extracted from the PDF above. The PDF is authoritative.
APHC010218372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11128 AND 14347 OF 2025 WRIT PETITION NO: 11128 OF 2025 Between:
1. S Anuradha, D/o S.Nagi Reddy, aged 46 years, Occ Pharmacist Gr-ll Contract basis. Govt. General Hospital, Ongole, Prakasam District. 2. K.Venkateswarlu, S/o. Butchaiah, aged 48 years, Occ Pharmacist Gr-ll Contract basis. Govt. General Hospital, Guntur. 3. C.Vijaya Kumari., D/o Sreeramulu, aged 47 years, Occ Lab Technician Gr-ll Contract basis, S.V.Medical College, Tirupathi. 4. C.Srinivasulu, S/o Sreeramulu, aged 44 years, Occ Lab Technician Gr-ll Contract basis. Govt. Maternity Hospital, Tirupathi. 5. K.Sri Kiran, S/o K.Sri Hah, aged 46 years, Occ Lab Technician Gr-ll Contract basis, S.V Medical College, Tirupathi. 6. J.Prasanthi, D/o Lokanadhaiah, aged 38 years, Occ Lab Technician Gr-ll Contract basis, S.V.Medical College, Tirupathi. G.Jhansi Rani, D/o Jayakumar, aged 38 years, Occ Lab Technician Gr-ll Contract basis. Govt. General Hospital, Nellore. C.Lavanya, D/o Kumar Swamy, aged 36 years, Occ Pharmadst Gr-ll Contract basis. Govt. Maternity Hospital, Tirupathi. 9. I.Jagannadham, S/o Sreenivasulu, aged 34 years, Occ Lab Technician Gr-ll Contract basis, PHC Kammapalli, Tirupathi District
7. 8. ...Petitioners
AND
1. The State of Andhra Pradesh, rep by its Special Chief Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi, Guntur District
3. The Director of Public Health and Family Welfare, , State of A.P., Gollapudi, Vijayawada, Krishna District. 4. The Director of Medical Education of AP, Old Govt. General Hospital premises, Hanumanpet, Vijayawada, Krishna District. 5. The Director of Secondary Health, Tadepally, Guntur District.
...Respondents Petition under Article 22B 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein, in not regularizing the petitioners services as Pharmacist Gr-ll Lab Technician Gr-ll par with other contract employees, whose services were regularized vide G.O.Ms.No.40, HM and FW(G.2) Dept, dated 13-3-2024 as per the guidelines issued vide G.O.Ms.No.114, Finance (HR-I PIg.and Policy) Department, dated 21-10-2023, as highly illegal, arbitrary, discrimination and also in voilative Article 14, 16 and 21 of Constitution of India and consequentially the Honble Court may pleased to declare that the petitioners herein were also entitle for regularization of their services as Pharmacist Gr-ll/ Lab Technician Grade-ll on par with others Contract employees w.e.f. 1-4-2024, with all consequential benefits. on 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 herein to consider the petitioners claim for regularization of services in the cadre of Pharmacist Gr-11/ Lab Technician Grade-ll on par with others Contract employees, as per the guidelines issued vide G.0,Ms.No.114, Finance (HR-I Pig.and Policy) Department, dated 21-10- 2023, pending disposal of the present writ petition. Counsel for the Petitioners: SRI M R TAGORE Counsel for the Respondents: GP FOR SERVICES I APHC010285932025 WRIT PETITION NO: 14347 OF 2025 Between:
1. Y.Muni Supraja, D/o K Sanjeev, aged 43 years, Occ- MPHA (F)Maternity Assistant, District Hospital Proddutur, YSR District. 2. C.Helen, D/o Yesudas, aged 48 years, Occ- MPHA (F)Maternity Assistant, District Hospital Proddutur, YSR District. 3. M.Sabitha, W/o Vinod Kumar Late, aged 42 years, Occ- MPHA (F)Maternity Assistant, Area Hospital Jammala Madugu, YSR District
4. A. Lavanya, W/o P. Nagaraju, aged 42 years, Occ- MPHA (F)Maternity Assistant, Area Hospital Guntahakal, Ananthpuramu District
5.
Y.Mahalakshmi, D/o Y Rama Swamy, aged 42 years, Occ MPHA (F)Maternity Assistant,Area Hospital Guntakal Ananthpuramu District
6. K.Gowri, W/o Balaraju, aged 42 years, Occ- MPHA (F) Maternity Assistant, Area Hospital Dharmavaram, Ananthpuramu District. 7. Shaik Salthanath Begum, W/o Saik Khaja Riyaz, aged 43 years, Occ- Lab. Technician Gr.ll, CHC Vinjamur, SPSR Nellore District. 8. Md.Rafeeq Ahmed, S/0 Md gouse Basha, aged 53 years, Occ- Lab. Technicina Gr.ll, CMC Indukurpet, SPSR Nellore District. 9. B.Jhansi, D/o Zavaraiah aged 55 years, Occ- Lab Technician Gr.ll, CMC Kota, Tirupathi District M.Nooka Ratnam, W/o Satya Srinivas, aged 41 years, Occ MPHA (F)Maternity Assistant, Area Hospital Tuni E.G. District. 10. ...Petitioners AND Pradesh, Rep by its Special Chief Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner of Family Welfare, State of A.P. Mangalagiri, Guntur District. The Director of Public Health and Family Welfare, State of A.P., Gollapudi, Vijayawada, Krishna District. The Director of Secondary Health, Tadepally, Guntur District. 1 The State of And! ir a
2. 3. 4. 5. ...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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein, in not regularizing the petitioners services in the cadre of MPHA Female (now re designated as Maternity Assistant) Lab.
Technicians Gr.ll nationally from 1-4- 2024 on par with similarly selected and regularized candidates, as per the guidelines issued vide G.O.Ms.No.114, Finance (HR-I Pig.and Policy) Department, dated 21-10-2023 for regularization and consequential eligibility list prepared vide Rc.No.Spl.E4C/2024, dt 14-3-2024 by the 4th respondent as highly illegal arbitrary, discrimination and also in voilative Article 14, 16 and 21 of Constitution of India and consequentially the Hon’ble Court may pleased to declare that the petitioners herein are also entitle for regularization
of their services as of MPHA Female (now re-designated as Maternity Assistant) / Lab. Technicians Gr.1l notionally from 1-4-2024 on par with others Contract employees, with all consequential benefits. 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 herein to consider the petitioners claim for regularization of services in the cadre of MPHA Female {now re designated as Maternity Assistant] / Lab. Technicians Gr.ll nationally from 1-4-2024 on guidelines issued vide par with others Contract employees as per the G.O.Ms.No.114, Finance (HR-I Plg.& Policy) Department, dated 21-10-2023 and consequential eligibility list prepared vide Rc.No.Spl.E4C/2 024, dt 14-3- 2024 by the 4th respondent, pending disposal of the present writ petition.
Counsel for the Petitioners: SRI M R TAGORE Counsel for the Respondents: GP FOR SERVICES I The Court made the following Common Order:
APHC010218372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRi JUSTICE CHALLA GUNARANJAN WRIT PETITION NOs: 11128 AND 14347/2025 Between: S Anuradha and Others ...PETITIONER(S) AND • The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1.M R TAGORE Counsel for the Respondent{S):
1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S)
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos.11128 and 14347 of 2025 COMMON ORDER: Petitioners in both these writ petitions, working as Pharmacist Grade - ll/Lab Technician Grade - II/ Multi Purpose Health Assistants, who have been selected on contract basis by following proper selection process, claim regularization.
Learned counsel for petitioners submits that this Court, in identical circumstances, considering regularization of similarly situated persons, by judgment dated 07.04.2025 passed in W.P. No.8827 of 2024 and batch directed respondents to regularize petitioners therein, and that even in the present case, petitioners are entitled to the same relief.
2.
3. Learned Assistant Government Pleader appearing for record written instructions dated respondents has placed 23.06.2025 inter alia stating that even with respect to the on have already sent to government for petitioners, their names regularization and that the same is pending with government. besides it is also not in dispute that the case of petitioners is identical to that of petitioners covered by aforesaid judgment.
2 CGR, J W.P. No.11128 of 2025 In view of the same, these writ petitions are allowed in
4. terms of the common order dated 07.04.2025 passed in W.P. No.8827 of 2024 and batch and the 2"'' respondent is directed to issue necessary orders regularizing services of petitioners within a period of eight weeks from the date of receipt of copy of this
order. No costs. As a sequel, interlocutory applications pending
consideration, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Health, Medical and Family Welfare Pradesh, Secretariat, Velagapudi,
1. The Special Chief Secretary. Department, State of Andhra Amaravathi, Guntur District. 2. The Principal Secretary, Finance Andhra Pradesh, Secretariat,
3. The Director of Public Gollapudi, Vijayawada, Krishna District. 4. The Commissioner of Family Welfare, State of A.P. Mangalagiri. Guntur i and Planning Department. State of Velagapudi, Amaravathi, Guntur District Health and Family Welfare, State of A.P., District. 5. The Director of Medical Education premises, Hanumanpet, Vijayawada, Krishna District. 6. The Director of Secondary Health, Tadepally, Guntur District
7. One CC to
8. Two CCS to GP for Services I,
9. Three CD Copies (Along with a Copy of the Common Order m and batch, dated 07/04/2025) of AP, Old Govt. General Hospital Sri. M R Tagore Advocate [OPUC] High court of Andhra Pradesh [OUT] in W.P No. 8827 of 2024 GSC
HIGH COURT DATED:25/06/2025 COMMON ORDER WP NOS. 11128 AND 14347 OF 2025 ALLOWING THE WPS WITHOUT COSTS
1 CGR,J. W.P.No.8827 of 2025 & batch APHC010175122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] tiT-ST-;
MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8827/2024 Between: ...PETITIONERS D Satheesh&Ors.
AND ...RESPONDENT(S) The State of Ap and Others Counsel for the Petitioner:
1.M R TAGORE Counsel for the Respondent(S):
1.GP FOR SERVICES IV 2.GP FOR SERVICES I The Court made the following:
WRIT PETITION NO: 8852/2024 Between: ...PETITIONER P Ashok Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
CGR, J. W.P.No.8827 of 2025 & batch 1.M R TAGORE Counsel for the Respondent(S):
1.GP FOR SERVICES IV 2.GP FOR SERVICES I WRIT PETITION NO: 10201/709/1 Between: G Suneetha ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.M R TAGORE Counsel for the Respondent(S):
1.GPFOR SERVICES IV 2.GPFOR SERVICES I (AP) ...RESPONDENT(S) WRIT PETITION NO: 10218/2024 Between: V Devi and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S):
1.M R TAGORE Counsel for the Respondent{S): ...KESPONDENT(S)
3 CGR, J. W,P.No.8827 of 2025 & batch 1.GP FOR SERVICES IV 2.GP FOR SERVICES I (AP) WRIT PETITION NO: 12044/2024 Between: ...PETITIONER Y N R Prasad AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.M R TAGORE Counsel for the Respondent(S):
1.GP FOR SERVICES IV 2.GP FOR SERVICES I
4 CGR, J. W.P.No.8827 of 2025 & batch The Court made the following:
COMMON ORDER: All these writ petitions relate to claim for regularization of petitioners’ services as Pharmacist Grade-ll/ Lab Technician Grade- ll/Multi Purpose Health Assistant (Female)/ Female Nursing Orderly, who have been selected on contract basis by following selection process, in terms of the Andhra Pradesh Regularization of proper Services of Contract Employees Act. 2023 (Act. No.30 of 2023) and G.O.Ms.No.114, Finance (HR-I Pig. & Policy) Department
21.10.2023. Except that the petitioners have been dated appointed to different posts, as they all claim regularization, these writ petitions are heard and disposed of by a common order. 2. The facts in W.P.No.8827 of 2024 are set-out hereunder;
3.
This writ petition is filed seeking the following prayer: ....to issue a Writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondents herein in not regularizing the petitioner’sservices Pharmacist Gr-ll par with other contract Pharmacist Gr-ll whose services were Act.No.30/2023 dated 20.10.2023 andregularized following consequential G.O.Ms.No. on the 114, Finance HR! Pig and Policy Department, dated 21.10.2023 and also vide G.O.Ms.No.30, HM and FW Dept., dated 73 2024, as highly illegal arbitrary discrimination and also in Article 14, 16 and 21 of Constitution of India and consequentially the Honble Court may pleased to declare that the petitioner herein also entitle for regularization of his services as Pharmacist Gr-ll on par with others w.e.fOI.04.2024 with all consequential benefits and may pass such order or orders may dee,m fit and proper in the circumistances of the case. ”
CGR,J. W,P.No.8827 of 2025 & batch In pursuance of a notification dated 20.07.2002, the petitioner, having participated in regular selection process, being meritorious came to be selected and appointed as Pharmacist Grade-11 on contract basis by the proceedings vide Rc.No.524/EA/2002, dated 19.08.2002, issued by the respondent. He came to be posted at Public Health Centre (PHC), Gokavaram, Kurnool District. He came to be transferred to Public Health Centre, Yallur, Kurnool District. The above selection and appointment of petitioner was done by the 5**^ respondent at the instructions and control of the 1^‘ respondent. By G.O.Ms.No.209, HM & FW Department, dated 15.08.2010, the State of A.P. has established Community Health and Nutrition Clusters and later modified as Community Health Centers.The existing Public Health Centre (PHC), Yallur, came to be converted as Community Health Centre (CHC), Yallur. Therefore, the petitioner continued to work at CHC, Yallur. The Government has taken policy decision vide
4. G.O.Ms.No.124, Health Medical and Family Welfare (B1) Department, Dated 13.10.2015, whereby, all Community Health Centers under the control of Director of Public Health and Family Welfare were transferred to Andhra Pradesh Vaidya Vidhana Parishad (for short ‘APVVP’).
Under the aforesaid G.O., all FRUs/CHCs shall function under the control of Commissioner, APWP.However, all the service matters and seniority will be maintained and looked after as usually by
CGR, J. W.P.No.8827 of 2025 & batch the Director of Public Health and Family Welfare only. The Community Health Centre, Yallur, where the petitioner was working also notified under the aforesaid transfer orders. The aforesaid order came to be implemented by proceedings vide R.C.No.2661/G2/2015 07.05.2018, issued by the 5“^ respondent, by wliich the Dated petitioner came to be transferred on deputation basis to APWP, until the issuance of options for absorption into APWP. The Government has come up with a legislation i.e., the Andhra Pradesh Regularization of Services on Contract Employees Act, 2020 (Act.No.30 of 2023) for the purpose of regularizing various persons appointed on contractual basis subject to fulfillment of criteria specified therein. The said enactment specified various persons, who were working contractual basis, were sought to be regularized. In the departments in which on pursuance of the same, the Government issued G.O.Ms.No.114, Finance (HR-I Pig. & Policy) Department, dated 21.10.2023. specifying that services of those contractual employees appointed as on 02.06.2014 in various Government Departments and continuing as such subject to the conditions laid down therein, will be entitled for regularization the departments were requested to examine such of those cases for regularization of services with reference to the conditions laid therein and to submit the same for scrutiny and clearance of the Government in Finance Department for issuance of orders for regularization of , and alt
CGR, J. W.P.No.8827 of 2025 & batch services. The Public Health and Family Welfare Department, which is enlisted at serial No.62 of Schedule to Act.No.30 of 2023, has undertaken such exercise and recommended 1562 candidates, who are eligible and satisfying the criteria laid down for regularization of services. Basing on the same, the Government has issued G.O.Ms.No.30 Health Medical & Family Welfare (G.2) Department, dated 07.03.2024, regularizing the services of aforesaid persons, working on contractual basis, against their regular sanctioned posts with effect from 01.04.2024.
Petitioner though is eligible and satisfying the criteria laid down under Act.No.30 of 2023 read with G.O.Ms.No.114, dated 21.10.2023, his case was not considered for regularization,despite persons, who were similarly situated as that of petitioner, appointed on contractual basis by the 5^*^ respondent under respondent, were considered and regularized.Difference being only that the said candidates continued to work under aforesaid Departments unlike the petitioner, who has been transferred on deputation to APWP. The petitioner made a representation on 17.10.2023, even before G.O.Ms.No.30, dated 07.03.2024, came to be issued, seeking for regularization of his in terms of above legislation. The 3'^ respondent,v/cfe proceedings Rc.No.Spl/E4C/2024, dated 14.03.2024, has prepared a list of contract employees working in APWP, who were eligible and St the control of the 1 services
CGR, J. W.P.No.8827 of 2025 & batch entitled for regularization as per the guidelines mentioned in terms of G.O.Ms.No.114, dated 21.10.2023, which included the petitioner at serial No. 10.However, no orders are passed so far for regularizing the services of petitioner. name of the
5. The facts in other writ petitions are more or less similar to one stated above.As the facts are not in dispute in any of these writ petitions i.e., the mode of selection, working conditions and place of working and that all petitioners have been regularization by the 3^^ respondent,the details of all those not dealt with separately.
recommended for cases are The 1®* respondent filed counter affidavit inter alia, stating that per the list furnished by the Directorate of Secondary Health vide proceedings dated 07.02.2024 proposing regularization of services of 203 contract employees (including 46 contract employees who transferred on deputation from DPH & HW to APWP along with 127 CHS) appointed as on 02.06.2014 and continuing to work as such, the matter has been referred to Finance Department for final decision, who is competent to decide in terms of C.O.Ms.No.114, dated 21.10.2023, and as matter lies there, subject to clearance necessary steps would be taken for regularizing the services of petitioners. The Respondents have also taken a stand that the petitioners since working as contract
6. as were
CGR, J. W.P,No.8827 of 2025 & batch employee in APWP, which is autonomous body, since it was not included in the schedule ot the Act.No.30 of 2023, their services were not regularized though others who were selected and appointed along with petitioners at relevant point of time, came to be regularized as they were working in Government Departments. Heard Sri M.R. Tagore, learned counsel for the petitioners and learned Assistant Government Pleaders for Services 1 & IV appearing
7. for the respondents.
Learned counsel for the petitioners submit that petitioners Act.No.30 of 2023 read with
8. satisfythe criteria laid down in G.O.Ms.No.114, dated 21.10.2023 and therefore, they are entitled to be considered for regularization. He further contended that petitioners originally appointed by the 5*^ respondent under the control of the 1"^ respondent and are continuing to be governed by the service conditions laid down and attached to the said respondent.The transfer to G.O.Ms.No.124, dated were deputation made in pursuance 13.10.2015, by which Community Health Centers, under the control of Department of Public Health and Family Welfare, came to be transfered to APWP also dearly specified that persons, who have on been transferred thereunder, shall continue to be under the control and jurisdiction of the Director of Public Health and Family Welfare. For all
10 CGRJ. W.P.No.8827 of 2025 & batch practical purposes, the petitioners were under the control and regulation of Director of Public Health and Family Welfare as they were never absorbed into services of APWP at any point of time. He further contended that persons appointed along with petitioners, as they continued in ser\'ices with 5*^ deputed on transfer unlike the petitioner, G.O.Ms.No.30, dated 07.03.2024. Therefore similarly situated are entitled for the respondent without there being came to be regularized under the petitioners being same benefit claiming parity with such persons. Learned counsel for the petitioners has drawn attention to person by name Machari Krishna.He was originally appointed on 19.08.2002, as a Pharmacist Grade-ll at PHC, Chippagiri, by the respondent, who latter came to be regularized by aforesaid standing at serial No.809, and therefore, the petitioners are also entitled to be regularized and given such benefit with effect from the date on which all those G.O. persons came to be regularized i.e.
01.04.2024. 9. Learned Assistant Government Pleader, while reiterating the contents in the counter affidavit, submitted that since the transfer of the petitioners on deputation to APWP is governed by Service Conditions and regulations of the said autonomous body, and APWP not being part of Schedule to Act.No.30 of 2023, their considered.
However, after APWP being merged cases were not into the State
11 CGR, J. W.P.No.8827 of 2025 & batch Government by Act.No.44 of 2023, Head of the Department i.e. Directorate of Secondary Health has recommended various persons, who were earlier working with APWP on contractual basis, which included the petitioners herein as well, for regularization and such recommendation is pending with the competent authority i.e.. Finance Department for issuing necessary orders Department issues necessary orders for regularization of services, they would be regularized, and such exercise is going on which is likely to be decided soon. Once the Finance Perused the record and considered the rival submissions. 10. All the petitioners herein were selected by proper Selection of the respective public notifications. They
11. Committee in pursuance all subjected to selection process and upon drawing the merit list, being meritorious, were issued appointment orders. They have been selected and appointed by the District Medical and Health Officer of were various Districts under the control of respondent. But, for the policy Government to transfer Community Health Centers from the of Directorate of Public Health and Family Welfare to APWP, would have continued to work under the control and of the control all those persons jurisdiction of the District Medical and Health Officers and Director of dated 13.10.2015, in Secondary Health. By G.O.Ms.No.124
12 CGRJ. W,P.No.8827 of 2025 & batch pursuance of policy of the Government Centers various Community Health which, thereafter started said G.O. has categorically laid seniority of persons, who s, will be maintained and looked after Directorate of Public Health only. Paragraph reads thus; were transferred to APWP, administrating those centers. Even the down that all service matters and working at various CHS were by the No.5 of the said G.O.,
5. Hereafter all the above FRUs/CHCs will be functioning under 1 Parishad. All seniority will be maintained and looked Health and Family the control of Commissioner, AP Vaidya Vidhana the service matters and after as usually by the Director of Public Welfare only. 12.
Subsequent implementation of orders dated by the respondent i by which, the petitioner 07.05.2018, issued in case of the petitioner in W.P.No.8827 of 2024, was transferred from the control of the 5 respondent to APWP, specifically maintained that the said transfer on issuance of options for absorption into deputation is made until i APWP. Said order reads thus;
"In pursuance of the Govt. Orders and above, the headquarters posts of the following 16 CHCs as per the CHC pattern along with the working in the said posts references cited employees those v/ho as mentioned in the CHC wise annexures enclosed herewith are hereby transferred from the are
CGR, J. W.P.No,8827 of 2025 & batch control of DM&HO, Kurnool (DPH&FW control) to the control of DCHS, Nandyal (APWP control) in the District, on deputation basis until the issue of options to the absorption into APWP. Meaning thereby, the petitioners were transferred on deputation to work at APWP, but they were never absorbed into the services of APWP, which then was an autonomous body by itself. Though the petitioners were working under the control of APWP, for all purposes, their services are regulated by the Directorate of Public Health and Family Welfare, which Department is included at serial No.62 of Schedule of Act.No.30 of 2023. The petitioners were equally eligible and entitled to be considered for regularization of services in terms of aforesaid legislation. It is not in dispute that the petitioners fulfill the criteria stipulated at Para Nos.3 & 5 of Act.No.30 of 2023 read with Para-5 of G.O.Ms.No.114, dated 21.10.2023. The fact that the 4^*^ respondent vide proceedings dated 14.03.2024 has shortlisted the names of various persons, who are eligible for promotion, which included the names of the petitioners, suffice their entitlement for
13. regularization.
When persons, who were working under the control and jurisdiction of Public Health and Family Welfare Department in particular 10562 candidates were regularized by G.O.Ms.No.30 dated also legally entitled for such 07.03.2024, petitioners were
consideration, as they are qualified and meet the criteria for such
14 CGRJ. W,P.No.8827 of 2025 & batch regularization. Even otherwise working under APWP have including petitioners working entitlement is not in issue. per the respondents, now been recommended for regularization as persons on deputation, eligibility and so
14. This Court is unable to accept the submission petitioners have been absorbed that the into services of APWP, governed by its service conditions, inasmuch as the very transfer orders dated 07.08.2024, itself clearly specifies SO are that the transfer on deputation wasaffected until proper options were called for, from such Unless candidates for absorption into APWP. proper exercise is undertaken for such absorption, petitioners regular employees under the continued to remain as control of Public Health and Family Welfare rather than APWP. They are merely posted on deputation to APWP. Therefore, petitioners are entitled for the benefit that persons, working under the control of regularized by GO.Ms.No.30 was extended to other department who have been
07.03.2024. said dated -! .c Petitioners in vV.P.No.12044 of 2024 have » O. claimed that persons, who have been appointed as Lab Attendants/Lab Technicians Grade- ll/Pharmacists Grade-ll etc.. on contractual basis in the Medical petitioners, have been regularized vide Education Department, like
15 CGR, J. W.P.No,8827 of 2025 & batch G.O.Ms.No.32, Health, Medical & Family Welfare (G.2) Department, Similarly, persons, who have been working as dated
08.03.2024. Multi-purpose Health Assistants (Female) on contractual basis in have been regularized vide Family Welfare Department G.O.Ms.No.41 Health, Medical & Family Welfare (G.2) Department, dated 13.03.2024, and G.O.Ms.No.50 Health, Medical & Family Welfare (G.2) Department, dated
15.03.2024. When respondents have applied uniform yardstick to all aforesaid contractual appointees, who were recruited more or less on same terms and conditions through regular selection process having found to be eligible and meeting the criteria laid down in terms of Act 30 of 2023, respondents bound to regularize the services of petitioners which otherwise clearly amounts to discrimination and is hit by Article 14 of the This Court has come across various are Constitution of India. Government Orders issued by respondents regularizing the services of the contractual appointees, who were initially appointed by District Medical and Health Officers in pursuance to respective selection notifications, all aforesaid contractual appointees continued to work under the jurisdiction of original appointees i.e..
District Medical and Health Officers under the control of the 1®‘ respondent, only exception being to that of the petitioners in these writ petitions who have been As this Court has expressed that posting deputed to APWP. 16 CGR,J. W.P,No,8827 of 2025 & batch petitioners on deputation to work with APWP does absorption of their not amount to services with APWP and that they continue to remain and governed by the appointee, petitioners are equally entitled regularization on par will] others. service conditions of the original to be considered for
16. In view of the aforesaid reasons, these writ petitions allowed, holding that the petitioners are entitled to be considered for regularization on par with the other contract employees, who came to are be regularized 07.03.2024:G.O.Ms.No.32, 13.03.2024; G.O.Ms.No.41, dated 13.03.2024, 15.03.2024; and G.O.Ms.No.50, dated 15.03.2024
01.04.2024. The 2"'" respondent is directed to issue necessary orders regularizing their services, keeping in view of the said observations, within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs. terms in of G.O.Ms.No.30, dated dated 08.03.2024; G.O.Ms.No.40, dated G.O.Ms.No.49, dated with effect from As a sequel, miscellaneous petitions pending consideration any, in these cases shall stand closed. . if CHALLA GUNARANJAN,J. Date: 07.04.2025 ANS