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2025 DIGILAW 549 (TS)

B. Ramesh v. State of Telangana

2025-05-01

SUREPALLI NANDA

body2025
ORDER : SUREPALLI NANDA, J. Heard Sri S.Ram Reddy, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Medical Health and Family Welfare appearing on behalf of the respondents. 2. The petitioner approached the Court seeking prayer as under: “….to issue an order, direction or an appropriate writ more particularly in the nature of writ of mandamus declaring the petitioner is entitled for regularization of his services as Lab Technician Grade II from the date of his 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.16002/2010 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 27.08.1979 by modifying the order of the 3 rd 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 2 nd respondent in RC No.11221/VCB/2016 dated 10.04.2017 ordering the recovery of the alleged excess amount said to have paid to the petitioners and consequently direct the 3 rd respondent to regularize the services of the petitioner from the date of his initial appointment with all consequential benefits such as pay and allowance, seniority etc and pass such order or other orders as this Hon'ble court may deem fit and proper in the circumstances of the case. 3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition is that the composite State of Andhra Pradesh by G.O.Ms.No.243, HM and FW Department dated 11.04.1990 had sanctioned the post of Lab Technician Grade II for all the districts for filling up of the said posts according to Rules. In order to fill up the vacancies, the 3 rd respondent had notified the vacancies of Lab Technician Grade II and the employment exchange has sponsored the petitioners for appointment as Lab Technician Grade II according to existing Rules i.e., one must have passed intermediate examination and must possess a certificate of Lab Technician Course. In order to fill up the vacancies, the 3 rd respondent had notified the vacancies of Lab Technician Grade II and the employment exchange has sponsored the petitioners for appointment as Lab Technician Grade II according to existing Rules i.e., one must have passed intermediate examination and must possess a certificate of Lab Technician Course. According to proviso thereof, if a candidate with their certificate of Lab Technician is not available, a candidate with a certificate of Lab Attendant may be appointed but he should pass the certified Lab Technician Course within the period of Probation. The 3 rd respondent had appointed the petitioner as Lab Attendant on temporary basis under Rule 10 of the State and Subordinate Rules for which there is no probation. The 3 rd respondent in violation of the mandatory statutory Rules had appointed the petitioner as Lab Attendant but the petitioner had been working as Lab Technician Grade II from the date of his appointment in the year 1995 and had been paid his salary in the time scale of Lab Attendant only. 4. It is the specific case of the petitioner that the petitioner is entitled for regularization of his services as Lab Technician Grade II from the date of petitioner’s initial appointment in the year 1995. It is further the specific case of the petitioner that about 35 candidates of Kurnool District similarly situated like the petitioner herein w hose services w ere not regularized from the date of their initial appointment had approached the Hon’ble Tribunal by filing OA No.546/2007 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 Tribunal by their order dated 20.05.2009 in OA No.546 of 2007 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 respondents thereto challenged the order passed by the Tribunal by filling WP No.16002 of 2010 and a Division Bench of the Hon’ble High Court by their judgment dated 19.02.2020 was pleased to dismiss the writ petition. The respondents thereto challenged the order passed by the Tribunal by filling WP No.16002 of 2010 and a Division Bench of the Hon’ble High Court by their judgment dated 19.02.2020 was pleased to dismiss the writ petition. The District Medical Officer, Kurnool by his proceeding dated 23.09.2020 in RC No.1388/E4/2009 had regularized the services of the applicants in the Tribunal as Lab Technician Grade II from the date of their appointments as Lab 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. 5. In the present writ petition, petitioner also challenged the impugned proceedings of the 2 nd respondent dated 10.04.2017 whereunder the 2 nd respondent issued orders for recovery of the pay and allowances alleged to have been paid to the petitioner for the period petitioner worked with the designation of Lab Attendant. 6. It is represented by the learned counsel appearing on behalf of the petitioner that the subject issue in the present w rit petition is squarely covered by the order of this Court dated 07.04.2025 passed in W.P.No.1698 of 2021 and order dated 07.04.2025 passed in W.P.No.4986 of 2021 and therefore, the petitioner is entitled for the similar relief as extended to the petitioner in the said w rit petitions. 7. Learned Government Pleader for Medical Health and Family Welfare appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner. 8. This Court duly considering the earlier orders of this Court in respect of similarly placed persons like the petitioner as referred to at para No.4 of the present order opines that the petitioner herein is also entitled for grant of similar relief. 9. 8. This Court duly considering the earlier orders of this Court in respect of similarly placed persons like the petitioner as referred to at para No.4 of the present order opines that the petitioner herein is also entitled for grant of similar relief. 9. TAKING INTO CONSIDERATION: a) The facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Medical Health and Family Welfare appearing on behalf of the respondents and, c) The orders of this Court dated 07.04.2025 passed in W.P.No.1698 of 2021 and dated 07.04.2025 passed in W.P.No.4986 of 2021, The Writ Petition is disposed of in terms of the order of this Court dated 07.04.2025 passed in W.P.No.1698 of 2021 and order dated 07.04.2025 passed in W.P.No.4986 of 2021 directing the respondents to consider the request of the petitioner for regularization of petitioner’s service as Lab Technician Grade I I from the date of petitioner’s initial appointment in accordance to law, in view of the law laid dow n by the Division Bench of this Court in its judgment, dated 19.02.2020 passed in W.P.No.16002 of 2010 w ithout reference to the impugned proceedings of the 2 nd respondent in Rc.No.1121/VCB/2016, dated 10.04.2017, duly taking into consideration the observations of the Division Bench of this Court in its judgment, dated 19.02.2020 passed in W.P.No.16002 of 2010 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 2006, regularizing the services of the said employees from the date of initial appointment in the year 1995, within a period of four (04) w eeks from the date of receipt of copy of the order in accordance to law inconformity w ith principles of natural justice, by 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 service as Lab Technician Grade II with effect from the date of petitioner’s initial appointment to the petitioner herein. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.