High Court · 2025 on 01 May 2025

Judgment

2. 1 ft?:n#hj#:*i:[*t#h"*##d,i*r#iln".Eiiti:l The District Medical and Health Officer, Hyderabad District, Hyderabad. ...RESPONDENTS

petrtion under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order, direction or an appropriate writ more particurarry in the nature of writ of tr/andamus decraring the petitioner is entired for regurarizatron of his services as Lab rechnician Grade , from the date of his initiar appointment in view of the raw raid down by the Division Bench of the Honourabre High court by their judgment in w.p. No.'16002/2010, dated 19t02t2020 and in view of the provision of Rure 5, Annexure ,, crass Xr of the statutory Rures issued in G.o. MS No 565,'.dated 27/O8r1g7g by modifying the order of the 3rd respondent regularizing the services of the petitioner from the date of passing of the Lab Technician Grade I certificate course to that of his initiar appointment and arso set aside the order of the 2nd respondent in RC. No.1 1221NcBt 20.r6 dated 1010412017 ordering the recovery of the aileged excess amount said to have paid to the petitioner and consequentry direct the 3'd respondent to regurarrze the i I f t i t services of the Detitioner from the date of his initial appointnlent with all consequential berrefits such as pay and allowance, senioritl'. etc" IA NO :1 oF2o21 r Section 151 CPC praying that in the circumstances stated in support of the petition' tn" n'nn Ccurt may be pleased to c;f the 2nd respondent in RC No '1 1221|VC'B2O16 dated g recovery of pay and allowances' prrndin!l clisposal of the Petition unde in the aff idavit fil':d susPend the orcLer 10/04/2017 orderin above Writ Petition Counsel for the Petitioner: SRI' S' RAM REDDY counser ror the Respondents: GP FoR MEDlcf,ir$ttilJI^-. The Court macle the following: ORDER { 6 I i r tI I 1-t E t I i L i.t r I I i I i I i I I t J i x r iI I HON'BLE MRS. JUSTICE SUREPALLT NANDA I IT ON 16 F 1 R DER: Heard Sri S.Ram Reddy, learned counsel appearing on behalf of the petitiongr and the learned Government pteader for Medicat Health and Family Wetfare appearing on behalf of the respondents.

2. Th e De ttoner ADoroa he under: theC rt s ekin CI DTav o f a s '.....to issue an o more parricu arry n :::":::::":,";11"::."#:i:flI declaring the petitione services as Lab r".n.o,.'r"lti;: fl;T'lil':::J ;: l: initial appointment in view of the law laid down by the Division Bench of the Hon,ble High Court by their judgment in WP No.16002/2OtO dated 19.02.2020 and in view of the provision of Rule 5, Annexure II, Class XI of the Statutory Rules issued in GOMS No.565, dated 27.OB.tg7g by modifying the order of the 3.d respondent regularizing the services of the petitioner from the date of passing of the Lab Technician Grade II certificate course to that of his initial appointment and also set aside the order of the 2nd respondent in RC No.1122L/VCB/20I6 dated 10.04.2017 ordering the recovery of the aileged excess amount said to have paid to the petitioners and consequenfly direct the 3.d respondent to regularize the services of the petitioner from 2 SN.J \\'.l'].No 1599-2021 the date of lris lnitial appointment with all consequentlal benefits sucl' as pay and allowance' seniority r:tc arrd pass such order or other orders as this Hon'ble court may deem ,n und ,'opt' in the circumstances of the case'

3. The case of the petitioner' in brief' as per the averments made by thr: pe:titioner in the affidavit filed by the pe|itioner in support of the Fresent writ petition is that the c()mpositr: State of Andhra PraCesh by G'O'Ms'No'243' HM and FW l)epartnlent dated 11.04.1990 had sanctioned the post of Lab Techrlician Grade II for all the districts lor filling up of the said posts accordinq trl Rules ln order to fill up the vacancies' the 3'd respondent had notified the vacancies of Lab Technician Grade II and the employment exchange for aPPointment as L.at, Technician has sPonsr:red the petitioners one must i'ave passed to existing Grade II il ccord in g intermediclte (lxamlnation and must possess I certifrcate of Lab Techniciarr Cor.lrse. According to proviso thereo'" if a cerndidate with their certi"icate of Lab Technician is not availablt:' a canrlidate with a certiFicate of Lab Attendant may be appointed but he should pass the certified Lab Technician Course within the p'lriod of Probation' Rules i.e The 3" respondent had appointed the petiti:)ner as Lab under Rule 1rl of the State and Attenda nt on temporary basis Subordinate R ules for which there is no probatir.rn. The 3,d I l I I i i i I I I 0 l l i .) w.P.N..r6ee_r#,1 respondent in violation of the mandatory appointed the petitioner as been working as Lab appointment in the yea time scale of Lab Aftend statutory Rules had Lab Attendant but the petitioner had Technician Grade II from the date of his r 1995 and had been paid his salary in the ant only. as Lab It is the specific case of the petitioner that

4. petitioner is entiiled for regularization of his services Technician Grade II from the date of petitioner,s in itial appointment in the year 1995. ft is further the specific case of the petitioner that about 35 candidates of Kurnool District similarly situated like the petitioner herein whose services were not regularized from the date of their initial appointment had approached the Hon,ble Tribunal by filing OA No.546 /2OOZ for a direction to the respondents to regularize their services from the date of their appointment i.e., in the year 1995 and the Hon,ble Tribunat by their order dated 2O.OS.2OO9 in OA No.S46 of 2OO7 directed the respondents to regularize the services of the applicants thereto w.e.f. from the date of their initial appointment i.e., in the year 1995 with all consequential benefits. The thereto cha[enged the order passed by the Tribunal by filling Wp No.16OO2 ol 2OtO and a Division Bench respondents \\ o ,*,, \\' l'] lrio 1699-2021 of the Hon'ble 19.02.2O20 was District Medical High Court bY their judgment dated pleased to dismiss the writ petition' The Officer, Kurnool by his proceeding dated RC No.1388 lE4lzOOg had regularized the

23.09.2O20 in servlces of the: applicants in the Tribunal asr Lab Techn their aPPointments as Lab Grade II from the date of Technician Grade II i.e., in the Year 1995. The Petitioner herein contends that the petitioner is also entitled for similar relief hence the present writ petition' In the Present writ petition, Petitioner e lso cha ilenged the 5. impugned pro:eedings of the 2nd respondent dated 10'04 2017 whereunder tl're 2nd respondent issued orders for recr:'very of the pay and allowances alleged to have been paid to the tretitioner for the period pet tioner worked with the designatior of Lab Attendant' e rtn on he le rn d co n el a e te b I is re r 6 beh alf oft ht: petitionert hat thesubiect issue in th e iti nls t eorder oft his v re w P. o 698 of 2021 and order n ou rt f 202L 8 4 o2 7 d d theref ore, the Detitioner is entitled for the similar relief as ss din W.P.N d t o7 .o4. 2 s e t n in th s id wri titi ns. 5 w.P.N".r6ee_ril,i

7. Learned Government pleader for Medical Health and Family wetfare appearing on beharf of the respondents does not dispute the said submission made by the learned counset appearing on behalf of the petitioner. 8. This Court duty considering the earlier orders of this Court in respect of similarty placed persons like the petitioner as referred to at para No.4 of the present order opines that the petitioner herein is atso entiHed for grant of similar relief.

9. TA I T c N D a) The facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behatf of the petitioner and the rearned Government pteader for Medical Heatth and Family Welfare appearing on behalf of the respondents and. c) The orders of this Court dated 07.O4.ZO2S passed in W.P.No.1698 of 2021 and dated 07.O4.2O25 passed in W.p.No.4986 of 2021, The Writ petition is disposed of in terms of the order of this Court dated O7.O4.2O25 passed in W.p.No.1698 of 2021 T 6 SN,J \\r.P.\1 1699 2021 and order ctated 07'O4 2O25 Passed in W'P'No'4986 of 2021 directing the resPondents to consider the request of the petitio ner Technician for regularization of Grade II from the petitioner's servlce date of Petitioner's as Lab initia I appointment in accordance to law' in view of the law laid down by the Division Bench of this Court in its iudgment' dated 19.02'2O2o passed in W'P'No'16002 of 2010 without reference to the impugned proceedings of the 2nd respondent in Rc.No.1.12 1-,/vcBt2OL6' dated ,:o'O4'2017' duly taking into consideration the observations of the Division Bench of this court in its iudgment' dated 19'O2':zO20 passed in w.P.No.16002 of 2o1O and to further consider the request of the petitioner to extend the relief as prayed for by the petitioner in the present Writ Petition as extended in respect of similarly situated employees i'e', to the applicants in O.A.No.546 of 20O6, regularizing the services of the said employees Irom the date of initial appointment in the year 1995, withirr a period of four (04) weekr; from the date of receipt of copy of the order in accordance to law inconformity with principles of natural justice, try providing an opportunity of personal hearing to the petitioner and pass appropriate orders and duly communicate the decision on the subject issue pertaining to regularization of petitioner,s / / 7 SN,J W.P.No.l699 2021 service as Lab Technician Grade II with effect from the date of petitioner's initial appoantment to the petitaoner herein. There shall be no order as to costs, Miscellaneous applications, if any, pending shall stand closed. //TRUE COPY// SD/-P. PADMANABHA REDDY DEPUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary to Government, Health, Department, Secretariat, T-S., Hyderabad. dical and Family Welfare Hyderabad.

2. The Drrector of Medical and Health Services, Government of Telangana, Koti, 3 The District Medical and Health Officer, Hyderabad District, Hyderabad. 4 One CC to SRl. S. RAM REDDY, Advocate [OPUC] 5. Two CCs to GP FOR IVEDICAL HEALTH AND FAIUILY WELFARE,High Court for the State of Telangana at Hyderabad [OUT] 6 Two CD Copies BM BS l b r CC TODAY ,/<'" ,i5 3L1;..1:c; !) 2 2 lri\i C, i' .: li ./ HIGH COURT DATED:01 10512025 ORDER WP.No.1699 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1fn ?\F;s