Date of reserved for orders : -- Date of pronouncement : 05.08.2026 Date of uploading : 05.08.2026 APHC010298312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15055/2025 Between: 1. SRI PAMULAPATI MUTHYALAPPA, S/O P. GANGANNA, AGED ABOUT 38 YEARS, OCC OFFICE SUBORDINATE, R/O 7-25, BC COLONY 2, KANAGANAPALLI, ANANTAPUR DISTRICT, ANDHRA PRADESH - 515641. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE AND MISSION DIRECTOR, NHM, MANGALGIRI, ANDHRA PRADESH. 3. THE DISTRICT MEDICAL AND HEALTH OFFICER, SRI SATHYA SAI DISTRICT, AP. 4. THE DISTRICT MEDICAL AND HEALTH OFFICER, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 2 5. THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, VIJAYAWADA, ANDHRA PRADESH. ...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 particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.4 in rejecting my case for promotion to the post of Medical Lab Technician vide Rc.No.166- PGRS/E2/2025, dated 16.04.2025, solely on the basis of G.O.Ms.No.565, dated 27.08.1979, A superseded rule, while completely ignoring G.O.Ms.No.459, dated 08.09.1994 AND G.O.Ms.No.565, dated 24.10.199 2 which is the governing rule for Lab Technician Grade II, despite the petitioner's representations dt.07.02.2024, 08.07.2024, 15.07.2024, 09.08.2024, 21.03.2025, 07.04.2025, and 08.04.2025 to 3rd and 4th Respondents for promotion to the post of Medical Lab Technician as arbitrary, illegal, blindfolded, non-application of mind, irrational, discriminatory, and in violation of Articles 14, 16 and 21 of the Constitution of India, and contrary to the principles of legitimate expectation, equity in service jurisprudence and it is consequently prayed that this Hon’ble Court may be pleased to direct the respondents to consider my eligibility for appointment to the post of Medical Lab Technician in the existing vacancy in terms of G.O.Ms.No.459, dated 08.09.1994 AND G.O.Ms.No.565, dated 24.10.1992 and pass such other orders. IA NO: 1 OF 2025 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 respondent to consider and dispose of the petitioner's representations dt.07.02.2024, 08.07.2024, 15.07.2024, 09.08.2024, 21.03.2025, 07.04.2025, and 08.04.2025 to 3rd and 4th Respondents for promotion to the post of Medical Lab Technician, pursuant to the instructions issued by the Director of Public Health and Family Welfare vide Rc.No.1407/E4.B/2025, dated 28.04.2025, by passing a reasoned 3 and speaking order strictly in accordance with G.O.Ms.No.459, dated 08.09.1994& G.O.Ms.No.565, dated:24.10.1992 within a stipulated time, and pass such other orders. Counsel for the Petitioner: 1. G V S KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15055 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.4 in rejecting the Petitioner’s case for promotion to the post of Medical Lab Technician vide Rc.No.166-PGRS/E2/2025, dated 16.04.2025 and to declare the same as illegal and arbitrary. 2. The Petitioner was appointed as Office Subordinate on compassionate grounds on 01.04.2021, his services were regularized on 01.06.2023 and presently working in the office of Respondent No.3. The Petitioner had completed Certified Lab Technician Course in the year 2004 and registered with the Paramedical Board in the year 2008. Though the Petitioner is eligible for appointment as Medical Lab Technician, the Petitioner was appointed as Office Subordinate. The Petitioner also sought for promotion to the post of Medical Lab Technician Grade-II, which was rejected vide impugned proceedings on the ground that the case of the Petitioner’s case cannot be considered as per the present Rules and Regulations in force. Questioning the same, the present Writ Petition is filed. 5 3. Learned counsel for the Petitioner submits that as per The Andhra Pradesh Last Grade Service Rules, 1992 (for short “Last Grade Service Rules, 1992”), the term ‘Office Subordinate’ was defined and the same includes ‘Lab Attendant’ and that the posts of ‘Office Subordinate’ as well as ‘Lab Attendant’ come under Rule 2 of Category-2(a) of Last Grade Service Rules, 1992 and the Petitioner can be considered for promotion to the post of Lab Attendant Grade-II subject to his qualifications. 4. The Learned Assistant Government Pleader for Services-I Sri S. Raju would submit that for promotion to the post of Lab Technician Grade-II, there is a requirement of three years experience as Lab Attendant and as the Petitioner does not have experience, there is no possibility of the Petitioner being appointed. 5. Heard the counsels. 6. The post of Lab Technician Grade-II is governed by The Andhra Pradesh Health Laboratories and Food (Health) Administration Subordinate Service Special Rules, 1994 framed vide G.O.Ms.No.459, Health, Medical & Family Welfare (L1) Department, dated 08.09.1994. The Method of Appointment and Appointing Authority for the post of Laboratory Technician Grade-II is specified 6 in Rule 3 thereof among other posts. The relevant portion is extracted below; 4. Laboratory Technician Grade-II including Chemist (Cholera) Technical Assistant and Sample Custodian i) By promotion of Laboratory Attendant ii) If no qualified candidates by direct recruitment DIRECTOR 5. Laboratory Attendant By appointment by transfer of Attenders and other equivalent categories in the Department and if no qualified candidates are available by direct recruitment. DIRECTOR 7. As per the above extract, the appointment to the post of Laboratory Technician Grade-II is by promotion or Laboratory Attendant and if no Lab Attendant is available for promotion then by direct recruitment. 8. Rule 6 thereof for effecting promotion is that an individual should have put in not less than three years in the feeder category and the same is extracted below; “6. MINIMUM SERVICE: No person shall be eligible for appointment by transfer or promotion unless he is an approved probationer and has put in not less than three years of service in the category from which appointment by transfer or promotion is made.” 7 9. In the present case, the Petitioner is working as Office Subordinate and not as Laboratory Attendant and since the Petitioner does not have experience as Laboratory Attendant, his case cannot be considered for promotion as Laboratory Technician Grade-II. The Last Grade Service Rules, 1992 are general Rules and they do not have any bearing when there are Rules providing specific qualifications and channel of promotions. 10. Further, the duties of Office Subordinate and Laboratory Attendant are different and merely because, the Office Subordinate and Laboratory Attendant come under Rule 2 of Category-II(a) of Last Grade Service Rules, 1992, the same is of no consequence for promotion to the post of Lab Technician. 11. Therefore, this Court does not find any merit in the Writ Petition and accordingly dismissed. 12. No order as to costs. 13. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 05.08.2026 IS 8 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15055 of 2025 Date: 05.08.2026 IS