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2025 DAILYLAW 31419 (AP)

K. Venkatesh v. The State of Andhra Pradesh

WP/23931/2025 · 2025-09-08

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010459302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23931/2025 Between: K. Venkatesh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. YAMARTHI RATNARAJU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23931 of 2025 O R D E R: This Writ Petition is filed to declare 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 illegal and arbitrary. 2. Heard Sri Yamarthi Ratnaraju, learned counsel for the Petitioner, and learned Assistant Government Pleader for Services-I for respondents. 3. In pursuance of Notification dated 01.05.1995, issued by 2nd 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 Technician course within the period of probation. As 3 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 Technicians Grade-II, since their services were not regularized, approached the Andhra Pradesh Administrative Tribunal in 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. 4. 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-II 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 were 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 the 4 Respondent Authorities for considering his case in line with aforesaid orders of the Andhra Pradesh Administrative Tribunal, as confirmed by Division Bench of this Court and the same is stated to be pending consideration. 5. Learned counsel for the Petitioner submits that it would suffice to direct Respondents to consider his representation for present, which learned Assistant Government Pleader for Respondents acceded to. 6. In view of aforesaid submissions, the Writ Petition is disposed of, at the admission stage, without expressing any opinion on merits, by directing Respondent Authorities to consider and pass appropriate orders on petitioner’s representation dated 23.10.2020, keeping in view of orders passed by the Andhra Pradesh Administrative Tribunal in O.A.No.546 of 2007, as 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. 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.09.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23931/2025 Dt. 09.09.2025 eha