Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 32993 (AP)

B SIVA SURYA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/25059/2025 · 2025-09-15

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010490192025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) IIS, *4 70f -^1 o/ TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY WRIT PETITION NO: 25059 OF 2025 />. Vi VIJAY Between: 1. B. Siva Surya Prasad, S/o.B. Technician Gr-ll Contract basis. Appala Naidu, Aged 42 years, Occ. Lab Area Hospital, S.Kota, Vizianagaram District. 2. K.Kishore, S/o K. S.Prakasa Rao, Aged Contract basis. District Hospital, Parvathipuram 3. Ch.Rama Krishna, S/o Chandra Sekhar 44 years Occ.Lab Technician Gr-ll t, Manyam District. Rao, Aged 42 years, Occ. Lab Technician Gr-ll Contract basis CHC Nakkapally, Anakapally District 4. V.Hema Latha. W/o P.Suresh Kumar, Aged 45 years Occ. Lab Technician Gr-ll Contract basis CHC Nakkapally, Anakapally District 5. R.Vidhyadhari, D/o R.Subba Rao, Aged 47 years, Occ. Lab Technician Gr- , Prakasam District. II Contract basis. Area Hospital, Kandukur 6. M.Vasundhara Devi, D/o S.M.Venugopalan Technician Gr-ll Contract basis . Aged 45 years. Occ.Lab Area Hospital, Tuni, East Godavari District. 7. L.Bhagya Lakshmi, D/o Hanumantha Rao, Aged 48 years Occ. Lab Area Hospital, Chilakaluripeta, Palna^u Technician Gr-ll Contract basis. District. 8. P.Syamala, D/o Bhaskara Rao, Contract basis Area Hospital, Bapatia District. Aged 46 years, Occ. Lab Technician Gr-ll ...Petitioners AND r 1 ■ The State of Andhra Pradesh, Medical and Family Welfare 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 4. The Director of Public Health and Vijayawada, Krishna 5. The Director of Secondary Heaith, Tadepally, Guntur District. rep by its Special Chief Secretary, Health Department, Secretariat, Velagapudi r state of Mangalagiri, Guntur District. Family Welfare, State of A.P., Gollapudi, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ, order the High Court may be or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein, in not service as Lab Technician Gr-ll, on par with other regularizing the petitioners contract employees, whose services were regularized vide G.O.Ms.No.40 , HM and FW(G.2) Dept, dated 13-3-2024 G,O.Ms.No.114, Finance (HR-I Pig and Policy) Department 2023. as highly illegal, arbitrary, discrimination 16 and 21 of Constitution of India per the guidelines issued vide as dated 21-10- and also in voilative Article 14 and consequentially the Hon'ble Court may of their pleased to declare that the Services petitioners herein entitle for regularization as Lab Technician Grade-il on par with others Contractual employees w.e.f 1-4-2024, with all consequential benefits. lA NO: 1 OF 2091; Petition under Section 151 CPC in the affidavit filed i pleased to direct the regularization of praying that in the circumstances stated in support of the writ petitioTi, the High Court respondents herein to consider the may be petitioners claim for services in the cadre of Lab Technician Grade-ll, as per the guidelines issued vide G.O.Ms.No. Department, dated 21-10-2023, 114, Finance (HR-I Plg.& Policy) pending disposal of the present writ petition. Counsel for the Petitioners: SRI M R TAGORE Counsel for the Respondents No.1,3,4,5: GP FOR SERVICES I Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING The Court made the following order: r APHC010490192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] I TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25059 of 2025 Between: 1.B SIVA SURYA PRASAD, S/OB. APPALA NAIDU, AGED 42 YEARS, OCC. LAB TECHNICIAN GR-II CONTRACT BASIS. AREA HOSPITAL, S.KOTA, VIZIANAGARAM DISTRICT. 2.K.KISHORE,, S/0 K. S.PRAKASA RAO, AGED 44 YEARS OCC.LAB DISTRICT HOSPITAL, TECHNICIAN GR-LL CONTRACT BASIS. PARVATHIPURAM, MANYAM DISTRICT. 3.CH.RAMA KRISHNA S/0 CHANDRA SEKHAR RAO, AGED 42 YEARS, OCC. LAB TECHNICIAN GR-LL CONTRACT BASIS CHC NAKKAPALLY, ANAKAPALLY DISTRICT 4.V.HEMA LATHA, W/0 P.SURESH KUMAR, AGED 45 YEARS OCC. LAB TECHNICIAN GR-LL CONTRACT BASIS CHC NAKKAPALLY, ANAKAPALLY DISTRICT 5.R.VIDHYADHARI,, D/0 R.SUBBA RAO, AGED 47 YEARS, OCC. LAB TECHNICIAN GR-LL CONTRACT BASIS, KANDUKUR, PRAKASAM DISTRICT. AREA HOSPITAL, 6.M.VASUNDHARA DEVI,, D/0 S.M.VENUGOPALAN, AGED 45 YEARS OCC.LAB TECHNICIAN GR-LL CONTRACT BASIS, HOSPITAL, TUNI, EAST GODAVARI DISTRICT. AREA 7.L.BHAGYA LAKSHMI,, D/0 HANUMANTHA RAO, AGED 48 YEARS OCC. LAB TECHNICIAN GR-LL CONTRACT BASIS. HOSPITAL, CHILAKALURIPETA, PALNADU DISTRICT. AREA 8..P.SYAMALA,, D/O BHASKARA RAO, AGED 46 YEARS, OCC. LAB TECHNICIAN GR-II CONTRACT district. BASIS AREA HOSPITAL, BAPATU ■..PETITIONER(S) AND 1.THE STATE OF ANDHRA SECRETARY, DEPARTMENT, GUNTUR DISTRICT. PRADESH, REP BY ITS SPECIAL CHIFF health, medical and family welfare SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE STATE OF ANDHRA SECRETARY, PRADESH, REP BY PUNNING DEPARTMENT AMARAVATHI, GUNTUR DISTRICT. STATE OF ITS PRINCIPAL FINANCE AND SECRETARIAT, VELAGAPUDI, 3.THE COMMISSIONER OF FAMILY WELFARE MANGALAGIRI, GUNTUR DISTRICT. ^ dI'sTRICT^'^™^ SECONDARY HEALTH, TADEPALLY, GUNTUR ...RESPONDENT(S): Counsel for the Petltioner(S): 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25059 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 Grade-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 were appointed as Lab Technician Grade-ll on contract basis issued by the DM & HO’s concerned, pursuant to a Public Notification dated 20.07.2002. The Petitioners were selected and appointed through open process and had completed more than two decades 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 the contract employees vis-a-vis the clear vacancies existing as of 02.06.2014, where under regularization of individuals appointed on a contract basis was to be considered provided that the final appointment was in due compliance with the procedure relating to (i) Notification of Vacancies, (ii) Selection Process, and (iii) Rule of Reservation and eligibility, age, and Educational Qualifications prescribed for the post. The Petitioners claim for regularization in terms of the above Act, 2023. 3. Learned Counsel for the Court in W.P.No.8827 wherein similarly placed regularization. Petitioners relies of 2024 and batch i upon a Judgment of this •n support of his contentions, to be considered for employees were directed 4. Sri S. Raju, learned Assistant Government cases of the Petitioners for Government level and therefore, premature. Pleader, submits that the regularization are under active consideration at he contends that the present Writ Petition is 5. Having heard the this Court in W.P.No.8827 of 2024, with the following direction; respective counsel and considering the judgment of the present Writ Petition is disposed of (i) The Respondent Authorities Petitioners for regularization i contract employees as expeditiously are directed to consider the case of the in terms of the Act 30 of 2023 on par with other as possible. (ii) There shall be no order as to costs. 6. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO Y REGISTRAR //TRUE COPY// DEP To, SE OFFICER 1 The Special Chief Secretary Family Welfare Department, District. , State of Andhra Pradesh, [ Secretariat, Velagapudi, Amaravathi, Guntur Health, Medical and 2. The Principal Secretary Department, State of Andhra Pradesh Secretariat. Velagapudi, Amaravath Finance and Planning i, Guntur District. 3. The Commissioner of Family Welfare, State of Mangalagiri, Guntur District, 4. The Director of Public Health and Family Welfare, State of A.P., Gollapudi, Vijayawada, Krishna 5. The Director of Secondary Health, Tadepally, Guntur District. 6. One CC to SRI. M R TAGORE, Advocate [OPUC] 7. Two CCs to GP FOR SERVICES I, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR FINANCE & PLANNING, Pradesh [OUT] 9. Two CD Copies High Court of Andhra NM '■* HIGH COURT DATED: 16/09/2025 1 ORDER WP NO. 25059 OF 2025 s. 21 SEP a® Current section . P9/f DISPOSING OF THE WP WITHOUT COSTS