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2026 DAILYLAW 5823 (AP)

Tota Bhagya Lakshmi v. The State of Andhra Pradesh

WP/19178/2026 · 2026-07-14

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010355762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19178/2026 Between: 1. TOTA BHAGYA LAKSHMI, D/O T.GANDHI, AGED 43 YEARS, OCC PHARMACY OFFICER (PHARMACIST GR-LL) ON CONTRACT BASIS, GOVT. GENERAL HOSPITAL, SRIKAKULAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 3. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, STATE OF A.P., CHUTTUGUNTA, ELURU ROAD, VIJAYAWADA, KRISHNA DISTRICT.520004 4. THE DIRECTOR OF MEDICAL EDUCATION OF AP, OLD GOVT. GENERAL HOSPITAL PREMISES, HANUMANPET, VIJAYAWADA, KRISHNA DISTRICT.520003 5. THE DISTRICT MEDICAL AND HEALTH OFFICER, 2 SRIKAKULAM.532001 6. THE SUPERINTENDENT, GOVT. GENERAL HOSPITAL, SRIKAKULAM. 532001 ...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 toto issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein, in not regularizing the petitioner services Pharmacy Officer (Pharmacist Gr-ll) as on par with other contract employees, whose services were regularized as guidelines issued vide per the G.O.Ms.No.114, Finance (HR-I Plg and Policy) Department, dated 21-10- 2023, following the AP Regularization of Services of Contract Employees Act, 2023 ( Act.No.30 of 2023), dated 20-10-2023 as highly illegal, arbitrary, discrimination and also in voilative Article 14, 16 and 21 of Constitution of India and consequentially the Honble Court may pleased to declare that the petitioner herein also entitle for regularization of their services as Pharmacy Officer (Pharmacist Gr-ll) on par with others Contract employees w.e.f. 1-4-2024, with all consequential benefits by counting rendered as Pharmacist Gr-ll under 3rd and 4th contract service respondents and may pass IA NO: 1 OF 2026 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 herein to consider the petitioner’s claim for regularization of services in the cadre of Pharmacy Officer (Pharmacist Gr-ll) on par with others Contract employees, as per the guidelines issued vide G.O.Ms.No.114, Finance (HR-i Plg.& Policy) Department, dated 21-10 2023, pending disposal of the present writ petition and may pass Counsel for the Petitioner: 1. M R TAGORE Counsel for the Respondent(S): 3 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19178 of 2026 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not regularizing the services of the Petitioner in the cadre of Pharmacy Officer (Pharmacist Grade - II) as per the guidelines issued for regularization of contractual services, vide G.O.Ms.No.114, Finance (HR-I Plg.and Policy) Department, dated 21.10.2023, as illegal and arbitrary. 2. The Petitioner was appointed as Pharmacy Officer (Pharmacist Grade - II) on contract basis issued by the Respondent No.1, pursuant to a Public Notification released in the month of November, 2011. The Petitioner was selected and appointed through open process and had completed more than one decade of service in the Respondent- Department in the same cadre. 3. While so, the Respondent No.1 issued G.O.Ms.No.114 Finance (HR-I Plg & 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-à-vis the clear vacancies existing as of 02.06.2014, where under regularization of individuals appointed on a 5 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 Petitioner claims for regularization in terms of the above Act, 2023. 4. Learned Counsel for the Petitioner relies upon a Judgment of this Court in W.P.No.8827 of 2024 and batch in support of his contentions, wherein similarly placed employees were directed to be considered for regularization. 5. Sri S. Raju, learned Assistant Government Pleader, submits that the case of the Petitioner for regularization is under active consideration at Government level and therefore, he contends that the present Writ Petition is premature. 6. Having heard the respective counsel and considering the Judgment of this Court in W.P.No.8827 of 2024, the present Writ Petition is disposed of, with the following direction:- (i) The Respondent-Authorities are directed to consider the case of the Petitioner for regularization in 6 terms of the ‘Act 30 of 2023’ on par with other contract employees as expeditiously as possible. 7. No order as to costs. 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 15.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 106 WRIT PETITION No.19178 of 2026 Dated: 15.07.2026 chs