The single-judge bench of the Andhra Pradesh High Court held that on completion of a satisfactory period of probation, the confirmation would date back to the initial date of appointment.
Brief facts
The factual matrix of the case is that the Petitioners were appointed as Lab Attendants against the Lab Technician Grade-II posts in various Medical Health Centres of Ananthapuram under rule 10(a)(1)9i) of A.P.State and Subordinate Rules (in short ‘the Rules’) on the regular pay scale of pay attached to the post of Lab Attendant vide proceedings on a temporary basis. Thereafter, the Petitioners underwent training and passed the examination, and obtained the Lab Technician Certificate and then, after obtaining certificates, they were all absorbed as Lab Technicians vide proceedings of the District Medical and Health Officer, in time scale of pay and usual allowances and monitory benefits notionally from the date of their joining as Attendants and monetary benefit from the date of acquiring the Lab Technician Certificate.
Furthermore, the tribunal directed the respondents to regularize the services of the Petitioner from the initial date of the appointment as Lab Technicians Grade-II with all consequential benefits. After that, an appeal was preferred by the government, however, the same was dismissed. Even though the services of the petitioners were absorbed in the post of Lab Technicians since 2001, their services were not regularized in spite of several representations. Therefore, the present writ petition is filed.
Contentions of the Petitioner
The Petitioner contended that the respondents did not make any efforts to regularize the services of the Lab Technicians with all consequential benefits, which are provided to similar benefits to the others.
Contentions of the Respondent
The Respondent contended that the person who acquires a post is entitled to benefits such as regularization of service, probation declaration, and seniority only from the date of qualifying to hold the post.
Observations of the court
The Hon’ble Court observed that it is well-settled law that the confirmation would date back to the initial date of appointment after a probationary term that was deemed satisfactory was completed.
The court relied upon the judgment titled Dr. (Capt.) Akhouri Ramesh Chandra Sinha and others vs. State of Bihar and others.
The court noted that the Petitioners are entitled to be regularized in the category of Lab Technicians Grade-II from the date of their initial appointment and their probation is deemed to have been declared by invoking Rule 17(iii)(b) and 18(ii) of the General Rules, as they acquired the special qualification of Lab Technicians training during the deemed period of extension of probation.
Based on these considerations, the court directed the Respondents to regularize the services of the petitioners as Lab Technicians with all consequential monitory benefits.
The decision of the court
With the above direction, the court allowed the writ petition.
Case Title: P.Sreedhar Babu and Others and Others V. Government Of Andhra Pradesh and Others Government Of Andhra Pradesh and Others
Coram: Hon’ble Mr. Justice M. Madha Rao
Case No.: WRIT PETITION NO: 19202
Advocate for the Petitioner: C Srinivasa Baba
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