High Court · 2025

8. B. Suja.tha, _D/o- lankaraiah, Aged about 46 years, working as Lab Technician 9. K. Srinivas, S/o. Narsing-a Rao, Aged about 48 years, working as Lab Grade ll in PHC, Banoor, Sanga Reddy District. Technician Grade ll in PHC, Malechelria, Sanga Reddi Disirict.

10.M. Ashok, S/o. Chennappa, Aged qfout 45 years, working as Lab Technician Grade ll in District Area Hospit-at, SRO, Sangia Reddy Distiict. '1 1.G. Shoba Rani, Dio. _Venkataiah, Aged about 49 years, Working as Lab Technician Grade ll in PHC Daultabad, Sanga neddy'District. ...PET|T!ONERS ANO 1 . The State of Telanqana, Bgp.- Oy its principal Secretary to Government, Heatth, Medicat and Famiiy Wetfard Departme,itls"cretiiiai, nvoEi"rr:ii.""' 2. The Director of Medicar and Health Services, Govemment of rerangana, Koti, Hyderabad.

3. The District Medical and Health officer, sanga Reddy District, sanga Reddy. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or an appropriate writ more particularly in the nature of Writ of Mandamus, declaring the petitioners are entitled for regularization of their services as Lab Technician Grade ll from the date of their initial appointment rn view of the law laid down by the Division Bench of the Honourable High Court by their judgment in W.P.No.16002i2010' dated 1910212020 and in view of the provision of Rule 5, Annexure ll, Class Xl of the Statutory Rules issued in GOMS No.565, dated 2710811979 by modifying the order of the 3rd respondent regularizing the services of the petitioners from the date of passing of the Lab Technician Grade ll certificate course to that of their initial appointment and also set aside the order of the 2nd respondent in RC No.1122'1IVCB/2O16 dated 1OlO4l2O17 ordering the recovery of the alleged excess amount said to have paid to the petitioners and consequently direct the 3rd respondent to regularize the services of the petitioners from the date of their initial appointment with all consequential benefits such as pay and allowance, seniority etc. lA NO: 1 OF 2021 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 suspend the order of the 2nd respondent in RC No.11221lVCBl2O16 dated 'lol04l2017, ordering recovery of pay and allowances, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI S.RAM REDDY, REP. FOR SRI K.S.SUNEEL Counsel for the Respondents: GP FOR MEDICAL HEALTH FW The Court made the following: ORDER t' HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT P TITION No. 4963 0F 202L ORD ER: Heard Sri S.Ram Reddy, learned counset representing Sri K.S,Suneel, learned counsel appearing on behalf of the petitaoners on record and learned Government Pleader for Medica! & Health, Family Welfare appearing on behalf of the respondents.

2. The o titioners a oo oached the Court seekino prav'er as under: "...to issue an order, direction or an appropriate writ more particularly in the nature of Writ of Mandamus, declaring the petitioners are entitled for regularization of their services as Lab Technician Grade II from the date of their initial appointment in view of the law laid down by the Division Bench oF the Honourable High Court by their judgment in W.P.No.16002/20t0 dated L9/02/2020 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/7979 by modifying the order of the 3'd respondent regularizing the services of the petitioners from the date of passing of the Lab Technician Grac,e II certificate course to that of their initial appointment and also set aside the order of the znd respondent in RC No.1122UVCB/2016 dated { 1 2 SN, J l0/04i2017 ordering the recovery of the alleged excess amount said to have paid to the petitioners and consequently direct the 3'd respondent to regularize the servicers of the petitioners from the date of their initial appointment with all consequential benefits such as pay and allowance, seniority etc and pass..."

3. It is specific case of the petitioners that the government for the composte state of Andhra Pradesh by GO.MS. No.243, HM and FW Department have sanctioned the posts of Lab Technician Grade II for all the districts. The basic qualiFication for the post is that the r:andidate must have passed the intermediate examination and must possess a certificate of lab technician course with proviso thereof, if candidate with their certificate of Lab Technician is not available, a candidate w,th a certificate of lab attendant may be appointed but he/she should pass the certified lab technician course within the period of probation. As there is no any candidate with the lab technician certificate, the respondent ro.3 appointed the petitioners, who are with lab attendant certificate, as lab attendants on temporary basis with no probation. It is the further the case of the petitioners that the training course for Lab Technician was not conducted by any competent ) Ii 3 SN, J institutions till the year 2001. Thereafter the petitioners have undergone the said course and obtained the certificate and subsequently, on 03.09.2016, respondent No. 3 regularized the services of the petitioners in the cadre of Lab Technician Grade II. It is further the case of the petitioners that some candidates of Kurnool district have approached the Tribunal by filing OA No.546/2006 for regularization from the date of initial appointment and the same has been granted by the tribunal, however, the order passed by the tribunal was challenged by the respondents through W.P. No.16002/2OlO, but the same was dismissed by the Division bench of this court on 19.02.2020. Thereafter the District medical officer , Kurnool vide order dated

23.09.2020 regularized the services of the applicants before the tribunal in the said O.A.No.546/2006, as Lab Technician Grade II from the date of initial appointment. The petitioners herein are also similarly situated as the applicants before the tribunal, as such the order of the tribunal in the said O.a.No. 546 of 2006 will apply to the petitioners too. Hence the petitioners preferred the present writ petition.

4.P ERUSED THE RECORDI 4 SN. J A. The order of the Division B nch of the Andhra Pra desh Hiqh Court. dated 19.O2 .2020 Dassed in W.P.No. 16 02 ot 2010 a nd in oa rticu !ar oara Nos.11 tnd 12 are extra cted h ereu nd er: -

11. A perusal of the order passed by the Tribunal disclosr:s. in clear terms, that the Tribunal took the said aspect into consideration and also considered the effect of Rule 1.7 (iii) (b) and 1B(ii) (b) of the General Rules, and while referring to Rule 18 (bXii) of the Service Rules, the Tribunal categorically recorded a finding that the probation of the applicants is deemed to have been extended with retrospective effect. It is also not in dispute that till date, the services of the respondents herein/applicants were not terminated by the respondents for not acquiring the required q ualif ication.

12. Having regard to the cogent and convincing reasons assigned by the Tribunal in the order impugned, this Court is not inclined to take a view dlfferent from the view expressed in the impugned order. It is also significant to note that in respect of the similarly situated employees in other districts, the authorities have regularized the services of the said employees from the date of their initial appointment. In order to demonstrate the same, learned counse for the respondents herein/a pplica nts has placed on record, during the course of arguments, i'e', an order passed by the District Medical and Health Officxer, Ongole, dated .19.10.2001 and the same is not in controversy. In the considered opinion of this Court, refusing to extend the same benefit to the respondents herein, would amount to discrimination and violation of Article 14 of the Constitution of India. 5 SN. J B. The counter affidavit has been filed on behalf of the respondent No.3 and in particular para Nos. 7, I & 12 are extracted hereunder:-

7. In reply it is submitted that the process of recovery which is to start for of excess payment while working as Lab-Attendant paid on par with the salary applicable to Lab Technician Gr-II as per the proceedings of R-2 No.11221lVCB/20t6, dated 10.04.2017 issued orders for recovery of excess payment in pursuance of the Government Memo No.12274/vCI/2015 HM&FW(CI) Department dated 04.01.2016 which was issued on the Appraisal Report No.12BlC.No.146l&E) Department dated 04.12.2015 given in the enquiry conducted by the Director General (V&E) Department No.GA(V&E) Dept. B. In reply it is submitted that the petitioners were appointed as Lab-Attendants against the post of Lab- Technician Gr-Ii down-graded as Lab-Attendant as per the Government clarification mentioned in the above paras. So the contention for regular appointment as lab- Technician Gr-II with intermediate vocational lab- Technology Qualification does not have foot to stand as per the orders of the Government which were in force. Regarding conduct oF training course for the appointees as Lab-Attendants it has policy of the Government and it is clearly mentioned in the clarification issued by the Government that Government would take appropriate measures to train the appointees ( Lab-Attendants) so the petitioner/petitioners were sent as in service candidates to IPM for training course on a later date when the Government ordered. So the petitioner were sent to undergo training (DMLT) as in service candidate. It is further submitted that after selection of the petitioner/petitioners they were appointed as Lab- Attendants (due to down grading of Lab-Technician Gr-II post) and were awarded pay scale applicable to the post of l 6 SN, J Lab-Attendants the petitioners have accepted the orders and joined duty as Lab-Attendants. If th,: petitioners were reluctant to the appointment orders ,:s Lab-Attendants they could have refu sed/ rej ected at thal time only and would have not joined as Lab- Attenda nt so contention to this extent is not correct.

5. Learned counset appearing on behalf of the petitioners submits that it is true that after completion of training course, the services of the petitioners had been regularized in the cadre of Lab Technician Grade II, by the 3'd respondent vide proceedings Rc.No.1786/E7 l2016, dated O3.O9 .2OL6, however, the petitioners are entitled for regularization of services with effect from the date of initia! appointment i.e., in the year 1995. Learned counsel appearing on behalf of the 6. petitioners in support of his submissions placed reliance on the order of the Division Bench of this Court on the subject issue, dated L9.O2.2O2O passed in w'P'No'160O2 of 2O1O and contends that the petitioners are also entitled for similar relief as extended to the petitioners in W.P'No' 16002 of 201O. SN. J

7. Learned Government Pleader for Medical & Healthr Family Welfare appearing on behalf of the respondents does not dispute the said submissionS made by the learned counsel appearing on behalf of the petitioners.

8. Takino into consideration: - a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioners and learned Government Pleader for Medical & Health, Family Welfare appearing on behalf of the respondents. c) The order of the Division Bench of this Court, dated L9.O2.2O2O passed in W.P.No.16OO2 of 2O1O (referred to and extracted above). d) The averments made in the counter affidavit filed on behalf of the respondent No.3 (referred to and extracted above). The Writ Petition is disposed of directing the respondents to consider the request of the petitioners for regularization of petitioners' services as Lab Technician Grade II from the date of petitioners' initial appointment 8 SN. J in the year 1995 i.e., 13.O8.1995 in view of the law laid down by the Division Bench of this Court in its judgment, dated L9.O2.2O2O passed in W;p.No.16OO2 of 201O without reference to the impugned proceedings of the 2nd respondent in Rc.No.l1ZL|VCB/2016, dated LO.O4.2OL7, duly taking into consideration the observations of the Division Bench of this Court in its judgment, dated 19.O2.2O2O passed in W.p.No.16OO2 of 2O1O and to extend the relief as prayed for by the petitioners in the present Writ Petition as extended in respect of similarly situated employees i.e., to the applicants in O.A,No,546 of 2006, , regularizing the services of the said employees from the date of initial appointment an the year 1995, within a period of four (04) weeks from the date of receipt of copy of the order in accordance to taw and inconformity with principles of natural justice, by providing an opportunity of personal hearing to the petitioners and pass appropriate orders and duly communicate the decision on the subject issue pertaining to regularization of petitioners' service as Lab Technician Grade II with effect from the date of petitioners, initial appointment as 9 SN. J Medical Lab Attendant vide Proc.No.6984/E6/95, dated

13.08.1995 issued by the 3'd respondent herein to the petitioners. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. /TTRUE COPY// SO/. L. LAKSHMI BABU EPUTY REGTSTRAR TION OF FICER To, Welfare 1 2 Hyderabad. The Principal Secretary to. Government' Health', trlgO-rlat and Family ilil,#',ii'$I[G'i jt, Hva"'abad' State of rela nsa na' The Director of Medical and Health Services' Government of Telanga 3. The District Medical and Health Officer' Sanga Reddy District' Sanga Reddy' 4. One CC to SRI K'S'SUNEEL' Advocate [OPUC] 5. Two CCs to GP FOR MEDICAL HEALTH FW' High Court for the State of " i"ringin" at Hyderabad [OUT] 6. Two CD CoPies na, Koti, BSR V<- HIGH COURT DATED:0710412025 CC TODAY 1 E STAI€ o; 19 APn 2[25 z r) .t, I (-\\ s PA-r ORDER WP.No.4963 of 2021 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS - coP\d YY. -\fla'