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2025 DAILYLAW 32670 (AP)

SAREPALLI SYAMALA v. THE STATE OF AP

WP/24876/2024 · 2025-01-06

Subba Reddy Satti

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24876 OF 2024 Between; 1. Sarepalli Syamala, W/o. Srinivas Reddy, Aged 50 years, Inamadugu PHC. 2. Gummadi Sandhya, W/o. P. Nagaraju, Aged 34 years, ANM II, Mypadu PHC. 3. Kommala Soujanya, W/o. Vasanth Kumar, Aged 34 Doravarisathram PHC. 4. Dandoul Hymavathi, , W/o. Satyam, Aged 48 years, ANM II Pernadu PHC. 5. Chittu Subhashini, W/o. Jayaraju, Aged 39 years, ANM II, Pallekarii PHC. 6. Thothapudi Yamini, D/o. Solman Raju, Aged 37 years, Varikuntapadu PHC. 7. Nelavela Prameela, W.G, Changaiah, Aged Thogaramudi PHC. 8. Sriveti Sumathi, W/o. Sankaraiah, Aged 38 years, ANM II, Thada PHC. (All the petitioners are working as ANM -II in various Public Health Centers of Nellore District) years, ANM II 38 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, Room No.35, th A.P. Secretariat, Velagapudi, Amaravati, Andhra Pradesh. I 2. The Director of Public Health & Family Welfare Department, Gollapudi, Vijayawada, Andhra Pradesh. 3. The Commissioner, Health and Family Welfare Department, Gollapudi, Vijayawda, Andhra Pradesh. 4. The District Medical & Health Officer, Nellore 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 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 Act 30 / 2023 vide G.O.M s No. 114 and also in vide of the order passed by this Honble 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 2024 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 to regularize the services of the petitioners under A.P Regularization of Contract Employees Act (Act 30 2023) vide G.O.Ms No. 114 and / pass order or orders in pending disposal of the writ petition. Counsel for the Petitioners : SMT. PRASANNALA KANCHARLA Counsel for the Respondents: GP FOR MEDICAL HEALTH & FW The Court made the following: ORDER APHC010483022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY. THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24876/2024 Between: 1.SAREPALLI SYAMALA, W/0. SRINIVAS REDDY. AGED 50 YEARS INAMADUGU PHC. 2.GUMMADI SANDHYA, W/0. P. NAGARAJU. AGED 34 YEARS. ANM II. MYPADU PHC. 3.KOMMALA SOUJANYA.. W/0. VASANTH KUMAR. AGED 34 YEARS. ANM II. DORAVARISATHRAM PHC. 4.DANDOUL HYMAVATHI. . W/0. SATYAM. AGED 48 YEARS. ANM II PERNADU PHC. 5.CHITTU SUBHASHINI.. W/0. JAYARAJU. AGED 39 YEARS. ANM II. PALLEKARII PHC. 6.THOTHAPUDI YAMINI. . D/0. SOLMAN RAJU. AGED 37 YEARS VARIKUNTAPADU PHC. •t' 7.NELAVELA PRAMEELA. . W.G. CHANGAIAH . AGED 38 YEARS, ANM II THOGARAMUDI PHC. 8.SIRIVETI SUMATHI, W/0 SANKARAIAH, AGED 38 YEARS, ANM II THANDA PHC. ...PETITIONER(S) I AND T 1 SRS.J W.P.No.24876 of 2024 1 THE STATE OF AP REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, MEDICAL AND FACMILY WELFARE SECRETARIAT, 5™ BLOCK, GROUND FLOOR, AP SECRETARIAT district, GROUND FLOOR ANDHrPrDESH. 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 ANDHRA PRADESH NELLORE DISTRICT, ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the c rcumstances stated in the affidavit filed therewith, the High Court may be ^eased to issue a Writ Order 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 Act 30 / 2023 vide G O Ms No 114 also in vide of the order passed by this Hon’ble court in W.P.No.30588 / 2018 Illegal, arbitrary and violation of principles of natural of India and consequently direct the respondents to regularize the the petitioners and pass such order or orders may deem fit and circumstances of the as justice and also Articles 14,16, 19 and and as 21 of the Constitution services of proper in the lA NO: 1 OF ?n7d in the affi^ ,Ti H ''' crcumstances stated Rmu arizal r r . pemoners under A.P Regularization of Contract Employees Act (Act 114 and pass Counsel for the Petitioner(S): 1. PRASANNALA KANCHARLA to 30 / 2023) vide G.O.M’s No. SRS.J W.P.No.24876 of 2024 Counsel for the Respondent: 1. The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in not regularizing the petitioners in terms of the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (Act 30 of 2023), as illegal and arbitrary. 1 Heard Smt. Prasannala Kancharla, learned counsel for the petitioners and Sri S.Raju, learned Assistant Government Pleader for Services appeared for respondents. 2. 3. At the hearing, learned counsel for the petitioners and learned Assistant Government Pleader for Services would submit that the issue involved in the present writ petition is squarely covered by the order of Division Bench in W.P.Nos.30588 of 2018 & batch, dated 14.02.2024. Some of the persons who have been hired on a contract basis and whose selection has been in pursuance of the selection process, filed W.P .Nos.30588 of 2018 & batch. Those writ petitions were disposed of by the Division Bench of this Court on 14.02,2024, directing the competent authority to consider the case of the petitioners therein for regularization in terms of Act 30 of 2023. 4. 5.^ Since the issue involved in the case at hand is covered by the order dated 14.02.2024 in W.P.Nos.30588 of 2018 & batch, this Writ Petition is disposed of in terms of common order in W.P.Nos.30588 of 2018 & batch. common SRS.t) W.P.No.24876of2024 ^ ‘\ The Registry is directed to annex a copy of the common order dated \ 14.02.2024 in W.P.Nos.30588 of 2018 & batch. There shall costs. \ be no order as to As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- N.NAGAH'IA/iA ASSISTi^T REGISTRAR SECTIoij OFFICER //TRUE COPY// To, Wefe^sLle^oTSa family Room No.35 A P Secretariat ^ ^lock. Ground Floor, ' secretariat, Velagapudi, Amaravati, Andhra Pradesh ■ JSaySa, A°ndh:fprateh." department, Gollapudi '■ ^Ua^aw^ ^^P^rtrnent, Gollapudi 4. The District Medical & Health Officer, 5. One CC to Sri Prasannala Kancharla 6. Two CCs to GP for Medical Pradesh. (OUT) 7. Three C.D. Copies. Nellore District, Andhra Pradesh. , Advocate [OPUC] Health & FW, High Court of Andhra &^&*Case°encte^d herewlfhr'''^'*' No.30588 of 2018 Cnr ^ ■ HIGH COURT DATED:06/01/2025 5 2 8 JAN 2025 m ORDER a 09. ^ . Current Secuon . WP.No.24876 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS # . ;S IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR APHCO10638082018 Spresent THE HONOURABLE SRI JUSTICE G.NARENDAR THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.30588. 30592. 30886. 30890, 30893 6b 30905 of 2018 Writ Petition No.30588 of 2018 Between: D.CHATARI @ CHATARJEE AND OTHERS ...PETITIONER(S) AND THE GOVERNMENT OE A P AND OTHERS ...RESPONDENTIS) 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 Petitioner(s):SRL 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):SRL 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: • COMMON ORDER: (per Hon’ble Sri Justice G.Narendax) When these cases are called, there is no representation on behalf of the petitioners. 2. Heard Sri Vadapalli Ramesh, learned Government Pleader for Services-IV, appearing for the respondents. 3. 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 service as on 02.06.2014. were m 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 5. 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. Accordingly, all these Writ Petitions are disposed of by placing the submission of the Ld. G.P. (Services-lV) Sri Vadapalli Ramesh, on record. No costs. 6. Consequently, miscellaneous petitions, pending if any, shall stand closed. JUSTICE G.NARENDAR JUSTICE NYAPATHY VIJAY Date; 14.02.2024. cs/anr