Telangana High Court

B. Ramesh vs The State Of Telangana And 2 Others on 1 May, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

          HON'BLE MRS. JUSTICE SUREPALLI NANDA


               WRIT PETITION No.1699 OF 2021

ORDER:

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 3rd 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 2nd 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 3rd respondent to regularize the services of the petitioner from

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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 3rd 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 3rd 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 3rd

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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 whose services

were 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

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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 2nd respondent dated 10.04.2017

whereunder the 2nd 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

writ 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 writ petitions.

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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. 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

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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 II from the date of petitioner's initial

appointment in accordance to law, in view of the law laid

down by the Division Bench of this Court in its judgment,

dated 19.02.2020 passed in W.P.No.16002 of 2010 without

reference to the impugned proceedings of the 2nd 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) weeks from the date of

receipt of copy of the order in accordance to law

inconformity with 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

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service as Lab Technician Grade II with effect from the date

of petitioner's initial appointment to the petitioner herein.