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High Court of Andhra Pradesh · body

2025 DAILYLAW 30617 (AP)

TOTAPUDI SWARNA LATHA v. THE STATE OF AP

WP/22656/2025 · 2025-08-28

Nyapathy Vijay

body2025

Judgment text

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APHC010441922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22656 OF 2025 Between: 1. Totapudi Swarna Latha, D/o. Sundara Rao late, aged 46 years, Occ: Pharmacist Gr-ll on contract basis SPSR Nellore District. 2. .N.Prabhavathamma, D/o. Thiripalaiah, aged 49 years Technician Gr.ii on contract basis, SPSR Nellore District. O/o. District Hospital, Atmakur Occ Lab. O/o. District Hospital, Atmakur, ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Special Chief Secretary Medical and Family Welfare Department, 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 Commissioner of Family Welfare, State of A.P. Mangalagiri, Guntur District. 4. The Director of Public Health & Family Welfare State of A.P., Gollapudi, Vijayawada, Krishna District. 5. The Director of Secondary Health, Tadepally, Guntur District. Health Secretariat, 6. The District Medical and Health Officer, SPSR Nellore District at Nellorc. 7. The District Coordinator Hospital Services, SPSR Nellore District at Nellore. ...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 Lab. Technicians Gr.ll and Pharmacist Gr-ll as per the guidelines issued for regularizations of G.O.Ms.No.114, Finance (HR-I Pig.and Policy) Department, dated 21-10-2023 as highly illegal, arbitrary, discrimination and contractual services, vide also in violation of 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 Lab. Technician Gr.ll and Pharmacist Gr-ll w.e.f from 1-4-2024, on par guidelines issued vide G.O.Ms.No.114, 21-10-2023. Finance (HR-I PIg.&Policy) Department, dated lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein to consider the petitioners claim for regularization of their services in the cadre of Lab. Technician Gr.ll and Pharmacist Gr- II, as per the guidelines issued vide G.O.Ms.No.114, Finance (HR-I Pig.& 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 The Court made the following order: 7 / APHC010441922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22656/2025 Between; Totapudi Swarna Latha and another ...PETITIONER{S) AND State Of Au ai'd Others Counsel for the Petitloner{S); Th ...RESPONDENT(S) 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No.22656 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not regularizing the services of the Petitioners in the cadre of Lab Technicians Gr.ll and Pharmacist Gr-ll as per the guidelines issued for regularizations of contractual services, vide G.O.Ms.No.114, Finance (HR-I Pig.and Policy) Department, dated 21-10-2023 as illegal and arbitrary. 2. The Petitioners appointed were as Pharmacist Grade-ll on contract basis vide Proceedings dated 09.05.2001 issued by the Respondent No.6 pursuant to a Public Notification dated 16.04.2001. The Petitioners were selected and appointed through open process and had completed more than 24 years of service in the Respondent Department in the same cadre. While so, the Respondent No. 1 issued G.O.Ms. No. 114 Finance (HR-I Pig & Policy) Department, dated 21.10.2023, based on the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (for short, ‘Act, 2023’), proposing to regularize the services of 3 the contract employees vis-a-vis the clear vacancies 3S of 02.06.2014, whereunder appointed on a contract basis that the final appointment existing regularization of individuals was to be considered provided in due compliance with the (ii) Selection and eligibility, age, and prescribed for the post. The Petitioners claim for regularization in terms of the above Act, was procedure relating to (i) Notification of Vacancies, Process, and (iii) Rule of Reservation Educational Qualifications 2023. 3 Learned Counsel for the i^etitioners fciici) upon a Judgment of this Court in W.P. No. 8827 of 2024 and batch in support of his contentions, wherein similarly placed were directed to be considered for regularization. employees 4. Sri S. Raju, learned Assistant Government submits that the cases of the Petitioners for under active consideration at Government he contends that the present Writ Petition i Pleader, regularization are level and therefore. IS premature. 5. Having heard the respective counsel and considering the judgment of this Court in W.P.No.8827 of 2024, the present 4 Writ Petition is disposed of with the following direction: (i) The Respondent Authorities are directed to consider the case of the Petitioners for regularization in terms of the Act 30 of 2023 on par with other contract employees expeditiously as possible, (ii) There shall be no order as to costs. as As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Special Chief Secretary, Health, Medical and Family Welfare Department, State of Andhra Amaravathi, Guntur District. 2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner of Family Welfare, State of A.P. District. 4. Jhe Director of Secondary Health, Tadepally, Guntur District. 5. The District Medical and Health Nellore. 6. The District Coordinator Hospital Services Nellore. 7. One CC to Sri M. R. Tagore, Advocate [OPUC] 8. Two CCs to GP for Services I, High Court of Andhra 9. Two CD Copies Pradesh, Secretariat, Velagapudi, Mangalagiri, Guntur Officer, SPSR Nellore District at SPSR Nellore District at Pradesh [OUT] Cnr HIGH COURT DATED:29/08/2025 ORDER WP NO. 22656 OF 2025 ${ 10 SEP 2025 ^entSectjp 'esms& r<’t .03 ' ^*y .* DISPOSING OF THE W.P. WITHOUT COSTS