APHC010408082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20808/2024 Between: 1. P. CHENDRAYUDU, S/O. P. DANAM LATE AGED ABOUT 44 YEARS WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC COLLEGE, PRODDUTUR, YSR KADAPA DISTRICT. 2. P. PRABHAKAR, S/O. P. CHENNAIAH AGED ABOUT 49 YEARS WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC KAMALAPURAM 3. R. SAKALESWARA REDDY,, S/O. R.MUNIBHASKAR REDDY AGED ABOUT 35 YEARS, WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC SIMHADRIPURAM 4. M. SATHEESH KUMAR REDDY,, S/O. M. NARAYANA REDDY, AGED ABOUT 45 YEARS, WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC VEMPALLI 5. V. SIVA SANKARA REDDY,, S/O. V. NEELAKANTA REDDY AGED ABOUT 35 YEARS WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC SIMHADRIPURAM 6. A. RAMA LINGA REDDY, S/O. A. SUBBA REDDY AGED ABOUT 44 YEARS.WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC VEMPALLI 2 7. R. SREEDHAR, S/O. R. DEVA DOSS AGED ABOUT 38 YEARS, WORKING AS WORK SHOP ATTENDANT ( ON CONTRACT BASIS), GOVT. POLYTECHNIC RAJAMPETA ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SKILLS DEVELOPMENT AND TRAINING DEPARTMENT, SECRETARIAT, VELAGAPUDI, THULLAR MANDAL, AMARAVATHI GUNTUR DISTRICT 2. THE DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, AT MANGALAGIRI. 3. THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, THULLAR MANDAL AMARAVATHI GUNTUR DISTRICT ...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 to issue Writ, order or orders or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in not extending the benefit of regularization of their services as per the provisions of Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 ( Act 30 of 2023 ) and GOMs No. 114, Finance (HR - I Pig. and Policy ) Dept Dt 21.10.2023 while extending the benefit of regularization to the counter parts of the petitioners vide G.O.Ms No. 8, Skill Development and Training (T.E) Dept Dt 16.03.2024 and Memo No. 2512396/TE/2024 Dt 13.08.2024 as being arbitrary, illegal, unjust, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India besides being contrary to the provisions of Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 ( Act 30 of 2023 ) and GOMs No. 114, Finance (HR - I Pig. and Policy ) Dept Dt 21.10.2023 and consequently hold that the petitioners are entitled to be regularised their services in accordance with the provisions of Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 ( Act 30 of 2023 ) and 3 GOMs No. 114, Finance (HR - I Pig. and Policy ) Dept Dt 21.10.2023 with all consequential benefits and pass IA 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 to direct the respondents to forthwith consider the claims of the petitioners for regularization of their services on the analogy of G.O.Ms No. 8, Skills Development and Training (T.E) Dept Dt 16.03.2024 and Memo No. 2512396/TE/2024 Dt 13.08.2024 and to pass Counsel for the Petitioner(S): 1. A PHANI BHUSHAN Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES I The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.20808 of 2024 ORDER : This writ petition is filed questioning the action of the Respondents in not extending the benefit of regularization of their services in terms of Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (Act 30 of 2023) and G.O.Ms.No.8, Skill Development and Training (T.E) Department dated 16.03.2024 as illegal and arbitrary. 2. The Petitioners are working as workshop attenders in Government Polytechnic Colleges on contract basis. Respondent No.2 had issued a notification vide Memo No.FII-2/13498/2010 dated 02.11.2010 calling for applications for appointment as workshop attenders/Lab attendants on contract basis in Government Polytechnic Colleges for the academic year 2010-2011. As per the notification, as many as 400 vacancies were notified. The qualification was that the individuals who have a Diploma in Mechanical or Automobile Engineering of State Board of Technical Education or who have passed ITI in Fitting, Turning, Machinist, Welding, Foundry, Blacksmithy & Forging, Sheet Metal, Carpentary and Electrical and holding NCVT Certificate. 5 3. The Petitioners had applied for the post. After due selection process, they were appointed as ‘workshop attenders’ vide individual proceedings. Though, the appointments were on contract basis, the contract was being extended from time to time. While so, Respondent No.1 had enacted Act 30 of 2023, wherein individuals working as on 02.06.2014 on contract basis continuing as on the date of commencement of the Act would be entitled for being considered for regularization subject to conditions mentioned in Section 3 thereof. 4. As the Petitioners are employed on contract basis after due selection process, sought for consideration of their cases for regularization, as some of the similarly placed employees were regularized vide G.O.Ms.No.8, Skill Development and Training (T.E) Department dated 16.03.2024. As the case of the Petitioners for regularization was not being considered, present writ petition is filed. 5. In the counter affidavit filed by the Respondents, it is stated that as per the procedure, the Respondent No.2 had forwarded names of the Petitioners on 04.02.2024 along with other eligible persons for regularization of services. However, the Finance Department had returned the same on various dates on the ground that the Petitioners who have been recruited as workshop attenders 6 are sought to be regularized in the post of Lab Attendants. It is further stated in the counter affidavit that the portal designated for the purpose of regularization through which the proposals were sent for regularization is not functioning at present and clarification as sought by the Finance Department would be sent as and when the web portal becomes operational. 6. Heard Sri A.Phani Bhushan, learned counsel for the Petitioners and learned Government Pleader for Respondents. 7. The post of ‘workshop attender’ is governed by the A.P.Technical Education Subordinate Service Rules, 2003 issued vide G.O.Ms.No.76 Higher Education (PE-2) dated 20.10.2003. The post of workshop attender is shown in Class-D (6). The qualification for the said post as prescribed reads as under: 6. Workship By direct A Diploma in Mechanical or Attender Recruitment Automobile Engineering of State Board of Technical Education and Training, Hyderabad. OR I.T.I. Certificate in the concerned Trade with One year experience After I.T.I 8. The qualification prescribed above under the Rules is verbatim similar to the qualification prescribed in the notification for contract 7 employment dated 02.11.2010 issued vide Memo No.FII- 2/13498/2010 referred above, under which the Petitioners were selected for the post. As the Petitioners are working as ‘workshop attenders’ after due selection process with requisite qualifications, they are entitled to be considered for regularization for the said post in terms of Act 30 of 2023. 11. Therefore, in view of the above, the writ petition is disposed of with the following directions: (i) The Respondents are directed to consider the case of the Petitioners for regularization for the post of ‘workshop attenders’ on par with similarly placed employees vide G.O.Ms.No.8 dated 16.03.2024 and in terms of Act 30 of 2023 as expeditiously as possible, preferably within a period of four months from today. (ii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 06.10.2025 KLP