- APHC010459922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23696 OF 2024 Between: J. Malleswaraiah, S/o J. CV. Subbanna, Aged 55 years, Occ Attendant (On Contract), ESC Government Polytechnic, Nandyal, R/o H. No. 86-462, Lepakshi Nagar (LN) 335 A, FCI Colony, Kurnool (AP). Workshop ...Petitioner AND 1. The State of Andhra Pradesh, Skills Development and Training (TE) Department, Rep. by its Principal Secretary, Mangalagiri (AP) 2. Director of Technical Education, Government of Andhra Pradesh, Mangalagiri (A). 3. Regional Joint Director of Technical Education, S.V.U. Region, Tirupati 4. Principal, ESC Government Polytechnic, Nandyal ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus to issue a Writ or Order or Direction more particularly one in the nature of a Writ of MANDAMUS, declaring the action of the Respondents in not considering the claim of the petitioner herein for appointment as Workshop Attender on regular basis based on his service from 2006, while considering the cases of 24 other contract workers, have been engaged from 2011 without any valid reasons as being arbitrary, illegal, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and human rights besides being violative of principles of rule of law and opposed to all principles of canons of norms of law and justice and contrary to the principles of law laid down by the Hon'ble Apex Court and set aside the same and direct the respondents to appoint the petitioner as Workshop Attender on regular basis with effect from 02.06.2014 lA NO: 1 OF 2024 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 direct the respondents to consider the case of the petitioner for regularization of his services as Workshop Attendant pending disposal of the above Writ Petition who to Counsel for the Petitioner: SRI N B CHANDRA SEKHAR Counsel for the Respondents No.1 to 4: GP FOR SERVICES III The Court made the following order: APHC010459922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23696/2024 Between; 1.J. MALLESWARAIAH, S/0 J. CV. SUBBANNA, AGED 55 YEARS, OCC WORKSHOP ATTENDANT (ON CONTRACT), ESC GOVERNMENT POLYTECHNIC, NANDYAL, R/0 H. NO. 86-462, LEPAKSHI NAGAR (LN) 335 A, FCI COLONY, KURNOOL (AP). ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, SKILLS DEVELOPMENT AND REP. BY ITS PRINCIPAL TRAINING (TE) DEPARTMENT, SECRETARY, MANGALAGIRI (AP) 2.DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI (A). 3.REGIONAL JOINT DIRECTOR OF TECHNICAL EDUCATION, S.V.U. REGION, TIRUPATI 4.PRINCIPAL, ESC GOVERNMENT POLYTECHNIC, NANDYAL ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus to issue a Writ or Order or Direction more particularly one in the nature of a Writ of MANDAMUS, declaring the action of the Respondents in not considering the claim of the petitioner herein for appointment as Workshop Attender on regular basis based on his service from 2006, while considering the cases of 24 other contract workers, who have been engaged from 2011 without any valid reasons as being arbitrary, illegal, unjust and violative of Articles 14, 16 and m 2 21 of the Constitution of India and human rights besides being violative of principles of rule of law and opposed to all principles of canons of norms of law and justice and contrary to the principles of law laid down by the Hon'ble Apex Court and set aside the same and direct the respondents to appoint the petitioner as Workshop Attender on regular basis with effect from 02.06.2014 lA NO: 1 OF 2024 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 pleased to direct the respondents to consider the case of the petitioner for regularization of his services as Workshop Attendant pending disposal of the above Writ Petition Counsel for the Petitioner; 1.N B CHANDRASEKHAR Counsel for the Respondent(S): 1.GP FOR SERVICES III 3 4^' 0B HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23696/2074 ORDER: The present writ petition is filed seeking regularization of the petitioner as Workshop Attender in Respondent No.3-College. The petitioner holds a Diploma in Mechanical Engineering and was nominated by the Employment Exchange. He was appointed as Workshop Instructor in Sheet Metal at ESC Government Polytechnic, Nandyal, vide Proc.No.C/1100/2006 consolidated pay of Rs.3,000/-. on 2. It is stated that the petitioner is continuing in the same post. Subsequently, the petitioner was appointed as Workshop Attendant in the college of Respondent No.3, vide Procs.No.RJD/SVU/CTL/2011, dated on contract basis. The claim of the petitioner now is for regularization in the said post on account of his continuous services from 2011 onwards and under the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (for short ‘the Act’). 27.08.2011, 3. The respondent filed a counter contending that the regularization are under consideration by the respondent authorities. It i- further stated that the case of the petitioner was forwarded to the Finance Department for processing regularization in terms of the Act referred to above. cases on IS 4. In the opinion of this Court, ‘the Act’ mandates certain conditions for regularization as specified in Section 3 thereof. The relevant among them in the Section 3(4) of the Act which mandates that regularization is permissible only when they are appointed in sanctioned posts. The Rule 3(5) prescribes additional criteria i.e., that the appointment should be after selection process by following the rule of reservation, eligibility as per extant rules and after notification of vacancies. Therefore, in the facts of this case, unless, it is established that petitioners are working in clear sanctioned posts after due by following the Rule of reservation after the notification of vacancies, this Court cannot direct the Respondents to enhance the age of selection process superannuation. 5. Therefore, in the event the services of petitioner are regularized as provided under Section 3 of the Act, the petitioner can seek for continuance till the age of 62 years. Accordingly, the Writ Petition is disposed of. No costs. 6. As a sequel, the miscellaneous petitions if any shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// 'SECTION^OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Skills Development and Training (TE) Department, Secretary, Mangalagiri (AP) 2. Director of Technical Education, Government of Andhra Pradesh, Mangalagiri (A). 3. Regional Joint Director of Technical Education, S.V.U. Region, Tirupati 4. Principal, ESC Government Polytechnic, Nandyal 5. One CC to SRI N B CHANDRA SEKHAR Advocate [OPUC] 6. Two CCs to GP FOR SERVICES III High Court of Andhra Pradesh [OUT] 7. Two CD Copies To gsg a HIGH COURT DATED: 30/07/2025 ; 13 AUG 2025 1 ^ . Current Section . ORDER WP NO. 23696 OF 2024 w % DISPOSING THE WP WITHOUT COSTS