APHC010115062016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23811/2016 Between: 1. KAMISETTY VINAY KUMAR S/O SESHAIAH,, 0CC: PHYSIOTHERAPIST, 0/0 A.C.S.R. GOVERNMENT MEDICAL COLLEGE, DARGAMITTA, NELLORE, S.P.S.R.NELLORE DIST. ...PETITIONER AND 1. THE DIRECTOR OF MEDICAL EDUCATIONCUM, CHAIRMAN, ZONAL LEVEL CADRE POSTS, GOVERNMENT OF ANDHRA PRADESH, AT HYDERABAD. 2. THE REGIONAL DIRECTOR OF MEDICAL AND, HEALTH SERVICES (ZONE-III)-CUM-MEMBER CONVENOR, ZONAL LEVEL CADRE POSTS, GUNTUR, GUNTUR DIST. 3. THE PRINCIPALCUMMEMBER ZONAL LEVEL, 'CADRE. POSTS, A.C.S.R. GOVERNMENT:MEDICAL COLLEGE, DARGAMITTA, NELLORE, S.P.S.R.NELLORE DIST. 4. THE SUPERINTENDENT GOVERNMENT GENERAL, HOSPITAL, DARGAMITTA, NELLORE, SPSR NELLORE DIST. 5. THE STATE OF ANDHRA PRADESH REP BY ITS, PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPT., A.,P.SECRETARIAT, HYDERABAD., ...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 a writ order or direction, more in the nature of Writ of Mandamus declaring the action of the 1st and 2nd respondents notifying '4 posts of Physiotherapist on contract basis, instead of 3 posts, without taking 2 into account the post in which is holding by the petitioner and working in Principal, A.C.S.R. Govt. Medical College, since from '2003 and is illegal, improper, unwarranted, opposed to the principals of natural justice and nothing but contrary to the dicta that se temporary employee cannot be replaced by another temporary employee and consequently hold that the petitioner is entitled to be continued as PhySiotherapist on, contract basis in A.C.S.R. Government Medical College, Nellore and also for absorption in terms of M.L.Kesari' Case as he completed more than 10 years service without intervention of Court Orders with all, Consequential benefits Counsel for the Petitioner: 1. A RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH & FW(AP) The court made the following ORDER:- The instant writ petition under Article 226 of the Constitution of India is filed seeking the following main prayer:- “……to issue a writ order or direction, more in the nature of Writ of Mandamus, declaring the action of the 1st and 2nd respondents notifying '4 posts of Physiotherapist on contract basis, instead of 3 posts, without taking into account the post in which is holding by the petitioner and working in Principal, A.C.S.R. Govt. Medical College, since from '2003 and is illegal, improper, unwarranted, opposed to the principals of natural justice and nothing but contrary to the dicta that se temporary employee cannot be replaced by another temporary employee and consequently hold that the petitioner is entitled to be continued as Physiotherapist on, contract basis in A.C.S.R. Government Medical College, Nellore and also for absorption in terms of M.L.Kesari Case as he completed more than 10 years service without intervention of Court Orders with all, Consequential benefits.…….” 2. The sum and substance of the writ petition is that the petitioner is seeking absorption into the post of Physiotherapist since he has put in more than 10 years of service as Physiotherapist in A.C.S.R. Govt. Medical College. 3 The petitioner has also challenged the notification issued by the respondents 1 and 2 for filling up of 4 posts of Physiotherapist, instead of 3 posts, without taking into account his Post in the Medical College. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Medical and Health. Perused the material on record. 4. After arguing for some time, the learned counsel for the petitioner submits that in similar facts and circumstances recently, this Court passed orders in W.P.No.8827 of 2024 & batch on 07.04.2025, wherein, a direction to the respondents to regularize the services of the petitioners for regularization in terms of the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (Act 30 of 2023) and other G.Os. 5. Learned Assistant Government Pleader for Medical and Health, while placing a Memo dated 30.05.2015 issued by the Special Chief Secretary to the Government to the 1st respondent, submits that the petitioner's services were continued in the respondent Medical College on contract basis and the salary is also being paid to the petitioner. He submits that if any representation is preferred with regard to the regularization by the petitioner, the same would be considered in accordance with Law by the respondents. 6. Having regard to the submissions made by both the counsel and keeping in view the orders passed in W.P.No.8827 of 2024 & batch, this Court is inclined to dispose of the writ petition with the following terms:- i. Petitioner is directed to make a fresh representation with regard to his claim for regularization by enclosing all the 4 relevant documents before the respondents, within a period of four weeks, from the date of receipt of copy of this Order. ii. On making such representation, the respondents are directed to dispose of the same, within a further period of three months, in accordance with Law. 7. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 20.12.2025 GVK 5 110 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.23811 of 2016 Date: 20.12.2025 GVK