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2026 DAILYLAW 6387 (AP)

MADDALA DURGA MALLESWARI v. THE STATE OF ANDHRA PRADESH

WP/20659/2026 · 2026-07-26

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010385252026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20659/2026 Between: 1. MADDALA DURGA MALLESWARI, D/O M CH. RAMANA, AGED ABOUT 37 YEARS, OCC POLYTECHNIC LECTURER (MECHANICAL), DOOR NO 1-499, SRINAGAR COLONY, KANURU-AUTONAGAR ROAD, KANURU, BESIDE CAPITAL EMPIRE APARTMENTS, VIJAYAWADA, KRISHNA DT- 520007. PRESENTLY WORKING AT GOVERNMENT POLYTECHNIC (GPT), JANGAREDDYGUDEM, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522001. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522001. 3. THE COMMISSIONER OF HIGHER EDUCATION TE, GOVERNMONT OF ANDHRA PRADESH, MANGALAGIRI, 2 GUNTUR DISTRICT - 522007. 4. THE REGIONAL JOINT DIRECTOR OF HIGHER EDUCATION TE, A.U.REGION, ZONE II, KAKINADA DISTRICT, A.P - 533003. ...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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in not sending the proposal of regularisation of the petitioner, on par with other contract lecturers on the untenable ground that she was initially appointed in newly established colleges, even though her post was sanctioned subsequently in the year 2012, though the petitioner has been continuously working in sanctioned post since 2012, having fulfilled all the eligibility conditions prescribed under G.O.Ms.No.114, dated 21.10.2023, and despite the enactment of Act 30 of 2023, dated 20.10.2023, and rendered uninterrupted service on contract basis for about 15 years, as illegal, arbitrary and unconstitutional, apart from Violative of Principles of Natural Justice and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the respondents to regularize the services of the petitioner in terms of G.O.Ms.No.114 dated 21.10.2023 and Act 30 of 2023 dated 20.10.2023, along with all consequential benefits and 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 consider the case of the petitioner for sending of regularisation proposal on par with other contract lecturers as per Memo No. 2303077/MC/2023-1, Dated No: 08.07.2026 and pass Counsel for the Petitioner: 3 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES I The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No.20659 of 2026 O R D E R: 1. The present Writ Petition is filed questioning the action of Respondents in not sending proposal for regularization of Petitioner, on par with other contract lecturers solely on the ground that she was initially appointed in newly established college, even though the post was sanctioned in the year 2012, as illegal and arbitrary. 2. The Petitioner was appointed as Polytechnic Lecturer on contract basis in the year 2010 pursuant to a Public Notification issued by Respondent-Authorities. The Petitioner was selected and appointed through open process and had completed more than 15 years 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 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 5 02.06.2014, whereunder 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 Petitioner claim for regularization in terms of the above Act, 2023. Hence, the present Writ Petition came to be filed. 3. 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. 4. 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. 5. 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:- 6 (i) The Respondent-Authorities are directed to consider the case of the Petitioner for regularization in terms of the Act 30 of 2023 on par with other contract employees as expeditiously as possible. (ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 27.07.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 61 WRIT PETITION NO:20659/2026 Dt. 27.07.2026 chs