T Muniramaprasad vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4220 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


MAIN CASE NO.: W.P.No.22958 of 2021

                            PROCEEDING SHEET
Sl     Date                                    ORDER                               OFFIC
.N                                                                                   E
 o                                                                                 NOTE
 1   23.10.2021   NJS, J
                         Heard Sri M.Vijaya Kumar, learned counsel
                  appearing       for    the    petitioners,     and     learned
                  Assistant Government Pleader for Services-IV.

                         The grievance of the petitioners in the
                  present Writ Petition is that the respondents

without considering the case of the petitioners for absorption/ regularisation of their services, issued Notification No. 9 of 2021, dated 24.09.2021, without giving the benefit of concessions like weightage of marks, age relaxation etc., to the petitioners, who are working as Medical Officers (Homoeopathy) on contact basis.

The learned counsel for the petitioners submits that the petitioners were recruited as Medical Officers in Homoeopathy dispensaries during the years 2008-2009 and since then, they have been discharging their functions as Homoeopathy Doctors. It is their grievance that though the Government has been according weightage in recruitment of Civil Assistant Surgeons, Dental Assistant Surgeons etc., by extending the benefit of weightage for the contract service rendered by them and filling up the posts, the same benefit is not being extended to the petitioners. Learned counsel for the petitioners relying upon the Judgment of the Hon'ble Suprme Court in the case of University of Delhi Vs. Delhi University Contract Employees Union and others [Civil Appeal No.1007 of 2021 arising out of SLP (C) No. 17486 of 2017 dated 25.03.2021] submits that in view of expression of the Hon'ble Supreme Court, the petitioners are entitled to the benefit of age relaxation and weightage of marks. He further submits that if the respondents proceed with filling up of the vacancies pursuant to the Notification, they would be deprived of their valuable rights.

Learned Assistant Government Pleader submits that Para-Wise remarks were received and the counter would be filed within a short time.

Considering the submissions made by both the parties and keeping in view the balance of convenience is in favour of petitioners, there shall be a direction not to proceed with the recruitment to the extent of 12 posts of Medical Officers (Homoeopathy) in pursuance of the Notification No.9 of 2021 dated 24.09.2021.

List the matter after three (3) weeks for filing counter of the concerned respondents.

_______ NJS, J Issue cc Monday (B.O) Psr