1. Singham Poshetty v. The State of Telangana

Petition under Section 1 51 CPC praying that in the ( )ircumstances stated in the affidavit filed in support of the petrtion, the High Cou t may be pleased to direct the respondents to regularize the services of the pr:titioners w.e.f. from their initial appointment i.e. 28.04.2000 and 18.08.2000 rrnd to sanction and release the increments and to consider for promotion tc the post of Health Supervisor on par with their batch mates by disposing of their representation dated 29.08.2019 and 06.09.2019 forthwith pending disposa of the writ petition. Counsel for the Petitioner: SRI S.SURENOER REDDY Counsel for the Respondents: GP FOR SERVICES-I The Court made the following: ORDER -#ry/ I wp_28459_2019 NBK,.J THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITTO N No.28459 of 2019 ORDER: The sum and substance of the case olthe petitioners is that they are Multi-Purpose Health Assistants (MPHA) appointed in the year 2000. however, their services have not been regularized even after 19 years of service, on the ground that they obtained the technical qualification (i.e., Multipurpose Health worker course) from lnstitute of Public Health and Hygiene, New Delhi,, which is allegedly not a Government recognized institute. Venting out the grievance of non-regularisation, the petitioners earlier approached the Andhra Pradesh Administrative Tribunal on an earlier occasion by filing O.A.Nos.3341 and 3347 of 2012, and the Tribunal has directed the petitioners to submit a representation which shatl be considered by the authorities as per Rules. However, their grievance subsists even as on today, despite 19 years of service, due to which they are at a loss financiaily and also career wise as their candidature was not considered for further promotion though they' are shown in the Seniority l.ist at I 69 and 1 7l . It is their case that, except for those in Nizarnabad District, the Govemment has regularized the services of similarly situated candidates w,ho obtained the qualification from the Institute and serving in other Districts. It is their grievance that the Govemment have issued G.O.Ms.No.35, HM & FW (i2) Department, dated 30.01.1995 recognizing the Diploma in Public Health and Sanitation Technology awarded by the Institute of Public Health and Hygiene, New Delhi for the purpose of appointmeni to the post of wp_28459_2019 NBK, ] Multipurpose Health Assistant, and that the Institute has been recognized by the Central Government also.

2.HealdMr.S.SurenderReddy,learnedcounselfcrthepetitioners; and leamed Government Pleader for Services-l' Peruset the record'

3. Leamed counsel for the petitioners, while makin g submissions on the lines of writ affrdavit, contends that the Institutior from rvhich the petitioners pursued the technical qualification for appointment as Multipurpose Health siorker (Male) is recognized by the Government, and further they have submitted representations in Septe mber 201 9 as per the direction ofthe Tribunal, however, the respondent al thoritics have not regularizcd their services until now, even after rende ring 19 years of unhlem ished serv icc.

4. Learned Govemment Pleader, by referring to the counter affidavit, essentially submits that antecedent repoft was called flc m Commissioner of police, Nizamabad, and proposals have been forwartjed to the Director of Pr_rblic Health and Family welfare vide letter datcd 28.11.2023 for regularization. It is submitted that tl.re 2nd petitioner flied W.P.No.33051 of 2Oli and this Court directed the respondent to consi,ler the case of the petitioner for regular.ization from the date of his initiai appointment, and that the Hon'ble Supreme Court in Civil Appeal Nos.'i910 and 6915 of 2005, filed by one T. Ramesh, directed the responci:nt authorities to appoint and reguiarize the appellants therein from re spcctive dates of appointment. It is submitted that as the regularization of the services of the petitioner in the cadre of MPHA (M) is pendin,;, their claim for incremelts and ail other consequentiai benefits along ,yill consideration - .-y " .// wp_28459_2019 NBK, J of their promotion as Multipurpose Health Supervisor have not been considered bY the 2"d resPondent' 5. Flaving considered the respective submissions and perused the record, the grievance lies in a nanow compass' It is not in dispute that the petitioners have been appointed as Multipurpose Health Assistants (Male) in the year 2000 and have been performing the duties ever since' Even according to the counter affidavit, the Hon'ble Supreme Court in a similar case, Civil Appeal Nos'6910 and 6915 of 2005' filed by one T' Ramesh'' haddirectedtherespondentauthoritiestoappointandregularizethe services of the appellants therein with effect from the respective dates of also re-calculate their salaries from the date of appointment, and appointment. ln the instant case, the Letter dated 03'10'2013 (placed at material 6. page No.25 of the writ petition) addressed by the 3'd respondent to the 2nd respondent-Director of Public Hcalth' would show that the petitioners have completed the Diploma in Public Health and Sanitation Technology from the Institute of Public Health and Hygiene, New Delhi during 1995- 96 and they were appointed as MPHA (Male) in 2000' sub'iect to the outcome of pending cases before the Tribunal and this Court' The Tribunal,, by Judgment date 26'04'2013 obser-ved that the petitioners completed Intermediate, and MPHA(M) training course and they were selected as MPHA(M) and were admitted into the duties and they completed more than 11 years of service and their services have not been regularized and thefetbre directed the respondents to dispose of their representations as Per rules' { I 4 wp 28459-2079 NBK, J

7. The grievance in the writ petition dates back to lhe year 2000, and despite the directions of the Tribunal to consider their .epresentations per law. the issue still lingers on. The petitioners ind place in the Seniority List. This writ petition is of the year2019. w,r are in 2025. The grievance of non-regularization dates back to 2000. 'l re petitioners ar.e rendering serwices as 1\,lultipurpose l{ealth Assistanl (14alc) lor ot,er 25 years now, hou,ever, they have not been givcrr increnterits and consequential benefits of service due to pendi,g rcr ularization. This Court is of the vieu, that it would be just and equitablc to r.egularize the sen'ices of the petitioners from the date of their initial appointrnent, u,ith all consequential heneflts, considerinq the rationale in tlr:.iudgmcnt of the Hon'bie Suprenrc Cour-r in Civil.{ppcal Nos.69l0 and r 915 o12005. 8. Accordingll', the writ petition is allowed. Ths r,,,1 respo,dent shall pass appropriate i,rdcrs r'vithin a period of f<-rur weeks li-orr the date ol- receipt of a copl of this order. No costs. Misceilaneous 1'etitions pending, if an1,. shall stand closed. That Rute Nisi has made Absolute as above witness The Hon'ble SRI SUJOY PAUL, The Acting Chief Justice orr this Thursday, the Third Day of April, Two Thousand and Twentv Five. //TRUE COPY// SD/- ['. GOWRI SHANKAR rD PUTY REGISTRAR JSECTION OFFICER \ -- The Principal Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Hyderabad, State of Telangana. The Director of Health and Family Welfare, Koti, Hyderabad, State of Telangana. The District Medical and Health Officer, Nizamabad, Niz:rmabad District. One CC to SRI S.SURENDER REDDY, Advocate [OPU ]l Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUT] To,

4. Two CD Copies @-u BSR I .. <r,r1?5- ,.::.it " - - r-ra!'t: iq-it l ,:kil HIGH COURT DATED:0310412025 ORDER WP.No.28459 of 2019 t) ..) o i €I 31 tlJ l\l 2t6 i .\o o ($(' -P a- ,\ ALLOWING THE WRIT PETITION, WITHOUT COSTS $ \ b 1\