Andhra Pradesh High Court – Amravati
V Devi vs The State Of Ap on 7 April, 2025
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CGR, J.
W.P.No.8827 of 2025 & batch
APHC010175122024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3506]
(Special Original Jurisdiction)
MONDAY, THE SEVENTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 8827/2024
Between:
D Satheesh&Ors. ...PETITIONERS
AND
The State of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M R TAGORE
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
The Court made the following:
WRIT PETITION NO: 8852/2024
Between:
P Ashok Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
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CGR, J.
W.P.No.8827 of 2025 & batch
1. M R TAGORE
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 10201/2024
Between:
G Suneetha ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M R TAGORE
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I (AP)
WRIT PETITION NO: 10218/2024
Between:
V Devi and Others ...PETITIONER(S)
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. M R TAGORE
Counsel for the Respondent(S):
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CGR, J.
W.P.No.8827 of 2025 & batch
1. GP FOR SERVICES IV
2. GP FOR SERVICES I (AP)
WRIT PETITION NO: 12044/2024
Between:
Y N R Prasad ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M R TAGORE
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
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CGR, J.
W.P.No.8827 of 2025 & batch
The Court made the following:
COMMON ORDER:
All these writ petitions relate to claim for regularization of
petitioners‟ services as Pharmacist Grade-II/ Lab Technician Grade-
II/Multi Purpose Health Assistant (Female)/ Female Nursing Orderly,
who have been selected on contract basis by following proper
selection process, in terms of the Andhra Pradesh Regularization of
Services of Contract Employees Act, 2023 (Act.No.30 of 2023) and
G.O.Ms.No.114, Finance (HR-I Plg. & Policy) Department, dated
21.10.2023. Except that the petitioners have been appointed to
different posts, as they all claim regularization, these writ petitions are
heard and disposed of by a common order.
2. The facts in W.P.No.8827 of 2024 are set-out hereunder:
3. This writ petition is filed seeking the following prayer:
“….to issue a Writ, order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the respondents
herein in not regularizing the petitioner’sservices Pharmacist Gr-ll on
par with other contract Pharmacist Gr-ll whose services were
Act.No.30/2023 dated 20.10.2023 andregularized following the
consequential G.O.Ms.No. 114, Finance HRI Plg and Policy
Department, dated 21.10.2023 and also vide G.O.Ms.No.30, HM and
FW Dept., dated 73 2024, as highly illegal arbitrary discrimination and
also in Article 14, 16 and 21 of Constitution of India and consequentially
the Honble Court may pleased to declare that the petitioner herein also
entitle for regularization of his services as Pharmacist Gr-ll on par with
others w.e.f01.04.2024 with all consequential benefits and may pass
such order or orders may deem fit and proper in the circumstances of
the case.”
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CGR, J.
W.P.No.8827 of 2025 & batch
4. In pursuance of a notification dated 20.07.2002, the petitioner,
having participated in regular selection process, being meritorious
came to be selected and appointed as Pharmacist Grade-II on contract
basis by the proceedings vide Rc.No.524/EA/2002, dated 19.08.2002,
issued by the 5th respondent. He came to be posted at Public Health
Centre (PHC), Gokavaram, Kurnool District. He came to be transferred
to Public Health Centre, Yallur, Kurnool District. The above selection
and appointment of petitioner was done by the 5th respondent at the
instructions and control of the 1st respondent. By G.O.Ms.No.209, HM
& FW Department, dated 15.08.2010, the State of A.P. has
established Community Health and Nutrition Clusters and later
modified as Community Health Centers.The existing Public Health
Centre (PHC), Yallur, came to be converted as Community Health
Centre (CHC), Yallur. Therefore, the petitioner continued to work at
CHC, Yallur. The Government has taken policy decision vide
G.O.Ms.No.124, Health Medical and Family Welfare (B1) Department,
Dated 13.10.2015, whereby, all Community Health Centers under the
control of Director of Public Health and Family Welfare were
transferred to Andhra Pradesh Vaidya Vidhana Parishad (for short
„APVVP‟). Under the aforesaid G.O., all FRUs/CHCs shall function
under the control of Commissioner, APVVP.However, all the service
matters and seniority will be maintained and looked after as usually by
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CGR, J.
W.P.No.8827 of 2025 & batch
the Director of Public Health and Family Welfare only. The Community
Health Centre, Yallur, where the petitioner was working also notified
under the aforesaid transfer orders. The aforesaid order came to be
implemented by proceedings vide R.C.No.2661/G2/2015, Dated
07.05.2018, issued by the 5th respondent, by which the petitioner came
to be transferred on deputation basis to APVVP, until the issuance of
options for absorption into APVVP. The Government has come up with
a legislation i.e., the Andhra Pradesh Regularization of Services on
Contract Employees Act, 2020 (Act.No.30 of 2023) for the purpose of
regularizing various persons appointed on contractual basis subject to
fulfillment of criteria specified therein. The said enactment specified
the departments in which various persons, who were working on
contractual basis, were sought to be regularized. In pursuance of the
same, the Government issued G.O.Ms.No.114, Finance (HR-I Plg. &
Policy) Department, dated 21.10.2023, specifying that services of
those contractual employees appointed as on 02.06.2014 in various
Government Departments and continuing as such subject to the
conditions laid down therein, will be entitled for regularization, and all
the departments were requested to examine such of those cases for
regularization of services with reference to the conditions laid therein
and to submit the same for scrutiny and clearance of the Government
in Finance Department for issuance of orders for regularization of
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CGR, J.
W.P.No.8827 of 2025 & batch
services. The Public Health and Family Welfare Department, which is
enlisted at serial No.62 of Schedule to Act.No.30 of 2023, has
undertaken such exercise and recommended 1562 candidates, who
are eligible and satisfying the criteria laid down for regularization of
services.Basing on the same, the Government has issued
G.O.Ms.No.30 Health Medical & Family Welfare (G.2) Department,
dated 07.03.2024, regularizing the services of aforesaid persons,
working on contractual basis, against their regular sanctioned posts
with effect from 01.04.2024. Petitioner though is eligible and satisfying
the criteria laid down under Act.No.30 of 2023 read with
G.O.Ms.No.114, dated 21.10.2023, his case was not considered for
regularization,despite persons, who were similarly situated as that of
petitioner, appointed on contractual basis by the 5th respondent under
the control of the 1st respondent, were considered and
regularized.Difference being only that the said candidates continued to
work under aforesaid Departments unlike the petitioner, who has been
transferred on deputation to APVVP. The petitioner made a
representation on 17.10.2023, even before G.O.Ms.No.30, dated
07.03.2024, came to be issued, seeking for regularization of his
services in terms of above legislation. The 3rd respondent,vide
proceedings Rc.No.Spl/E4C/2024, dated 14.03.2024, has prepared a
list of contract employees working in APVVP, who were eligible and
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CGR, J.
W.P.No.8827 of 2025 & batch
entitled for regularization as per the guidelines mentioned in terms of
G.O.Ms.No.114, dated 21.10.2023, which included the name of the
petitioner at serial No.10.However, no orders are passed so far for
regularizing the services of petitioner.
5. The facts in other writ petitions are more or less similar to one
stated above.As the facts are not in dispute in any of these writ
petitions i.e., the mode of selection, working conditions and place of
working and that all petitioners have been recommended for
regularization by the 3rd respondent,the details of all those cases are
not dealt with separately.
6. The 1st respondent filed counter affidavit inter alia, stating that
as per the list furnished by the Directorate of Secondary Health vide
proceedings dated 07.02.2024 proposing regularization of services of
203 contract employees (including 46 contract employees who were
transferred on deputation from DPH & HW to APVVP along with 127
CHS) appointed as on 02.06.2014 and continuing to work as such, the
matter has been referred to Finance Department for final decision, who
is competent to decide in terms of G.O.Ms.No.114, dated 21.10.2023,
and as matter lies there, subject to clearance necessary steps would
be taken for regularizing the services of petitioners. The Respondents
have also taken a stand that the petitioners since working as contract
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CGR, J.
W.P.No.8827 of 2025 & batch
employee in APVVP, which is autonomous body, since it was not
included in the schedule to the Act.No.30 of 2023, their services were
not regularized though others who were selected and appointed along
with petitioners at relevant point of time, came to be regularized as
they were working in Government Departments.
7. Heard Sri M.R. Tagore, learned counsel for the petitioners and
learned Assistant Government Pleaders for Services I & IV appearing
for the respondents.
8. Learned counsel for the petitioners submit that petitioners
satisfythe criteria laid down in Act.No.30 of 2023 read with
G.O.Ms.No.114, dated 21.10.2023 and therefore, they are entitled to
be considered for regularization. He further contended that petitioners
were originally appointed by the 5th respondent under the control of the
1st respondent and are continuing to be governed by the service
conditions laid down and attached to the said respondent.The transfer
on deputation made in pursuance to G.O.Ms.No.124, dated
13.10.2015, by which Community Health Centers, under the control of
Department of Public Health and Family Welfare, came to be
transfered to APVVP also clearly specified that persons, who have
been transferred thereunder, shall continue to be under the control and
jurisdiction of the Director of Public Health and Family Welfare. For all
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CGR, J.
W.P.No.8827 of 2025 & batch
practical purposes, the petitioners were under the control and
regulation of Director of Public Health and Family Welfare, as they
were never absorbed into services of APVVP at any point of time. He
further contended that persons appointed along with petitioners, as
they continued in services with 5th respondent without there being
deputed on transfer unlike the petitioner, came to be regularized under
G.O.Ms.No.30, dated 07.03.2024. Therefore, the petitioners being
similarly situated are entitled for the same benefit claiming parity with
such persons. Learned counsel for the petitioners has drawn attention
to person by name Machari Krishna.He was originally appointed on
19.08.2002, as a Pharmacist Grade-II at PHC, Chippagiri, by the 5th
respondent, who latter came to be regularized by aforesaid G.O.
standing at serial No.809, and therefore, the petitioners are also
entitled to be regularized and given such benefit with effect from the
date on which all those persons came to be regularized i.e.
01.04.2024.
9. Learned Assistant Government Pleader, while reiterating the
contents in the counter affidavit, submitted that since the transfer of
the petitioners on deputation to APVVP is governed by Service
Conditions and regulations of the said autonomous body, and APVVP
not being part of Schedule to Act.No.30 of 2023, their cases were not
considered. However, after APVVP being merged into the State
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CGR, J.
W.P.No.8827 of 2025 & batch
Government by Act.No.44 of 2023, Head of the Department i.e.
Directorate of Secondary Health has recommended various persons,
who were earlier working with APVVP on contractual basis, which
included the petitioners herein as well, for regularization and such
recommendation is pending with the competent authority i.e., Finance
Department for issuing necessary orders. Once the Finance
Department issues necessary orders for regularization of services,
they would be regularized, and such exercise is going on which is
likely to be decided soon.
10. Perused the record and considered the rival submissions.
11. All the petitioners herein were selected by proper Selection
Committee in pursuance of the respective public notifications. They
were all subjected to selection process and upon drawing the merit list,
being meritorious, were issued appointment orders. They have been
selected and appointed by the District Medical and Health Officer of
various Districts under the control of 1st respondent. But, for the policy
of the Government to transfer Community Health Centers from the
control of Directorate of Public Health and Family Welfare to APVVP,
all those persons would have continued to work under the control and
jurisdiction of the District Medical and Health Officers and Director of
Secondary Health. By G.O.Ms.No.124, dated 13.10.2015, in
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CGR, J.
W.P.No.8827 of 2025 & batch
pursuance of policy of the Government, various Community Health
Centers were transferred to APVVP, which, thereafter started
administrating those centers. Even the said G.O. has categorically laid
down that all service matters and seniority of persons, who were
working at various CHS‟s, will be maintained and looked after by the
Directorate of Public Health only. Paragraph No.5 of the said G.O.,
reads thus:
“5. Hereafter all the above FRUs/CHCs will be functioning under
the control of Commissioner, AP Vaidya Vidhana Parishad. All
the service matters and seniority will be maintained and looked
after as usually by the Director of Public Health and Family
Welfare only.”
12. Subsequent implementation of orders dated 07.05.2018, issued
by the 5th respondent in case of the petitioner in W.P.No.8827 of 2024,
by which, the petitioner was transferred from the control of the 5th
respondent to APVVP, specifically maintained that the said transfer on
deputation is made until issuance of options for absorption into
APVVP. Said order reads thus:
“In pursuance of the Govt. Orders and references cited
above, the headquarters posts of the following 16 CHCs as per
the CHC pattern along with the employees those who are
working in the said posts as mentioned in the CHC wise
annexures enclosed herewith are hereby transferred from the
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CGR, J.
W.P.No.8827 of 2025 & batch
control of DM&HO, Kurnool (DPH&FW control) to the control of
DCHS, Nandyal (APVVP control) in the District, on deputation
basis until the issue of options to the absorption into APVVP.”
13. Meaning thereby, the petitioners were transferred on deputation
to work at APVVP, but they were never absorbed into the services of
APVVP, which then was an autonomous body by itself. Though the
petitioners were working under the control of APVVP, for all purposes,
their services are regulated by the Directorate of Public Health and
Family Welfare, which Department is included at serial No.62 of
Schedule of Act.No.30 of 2023. The petitioners were equally eligible
and entitled to be considered for regularization of services in terms of
aforesaid legislation. It is not in dispute that the petitioners fulfill the
criteria stipulated at Para Nos.3 & 5 of Act.No.30 of 2023 read with
Para-5 of G.O.Ms.No.114, dated 21.10.2023. The fact that the 4th
respondent vide proceedings dated 14.03.2024 has shortlisted the
names of various persons, who are eligible for promotion, which
included the names of the petitioners, suffice their entitlement for
regularization. When persons, who were working under the control and
jurisdiction of Public Health and Family Welfare Department in
particular 10562 candidates were regularized by G.O.Ms.No.30 dated
07.03.2024, petitioners were also legally entitled for such
consideration, as they are qualified and meet the criteria for such
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W.P.No.8827 of 2025 & batch
regularization. Even otherwise as per the respondents, persons
working under APVVP have now been recommended for regularization
including petitioners working on deputation, so eligibility and
entitlement is not in issue.
14. This Court is unable to accept the submission that the
petitioners have been absorbed into services of APVVP, so are
governed by its service conditions, inasmuch as the very transfer
orders dated 07.08.2024, itself clearly specifies that the transfer on
deputation wasaffected until proper options were called for, from such
candidates for absorption into APVVP. Unless proper exercise is
undertaken for such absorption, petitioners continued to remain as
regular employees under the control of Public Health and Family
Welfare rather than APVVP. They are merely posted on deputation to
APVVP. Therefore, petitioners are entitled for the benefit that was
extended to other persons, working under the control of said
department who have been regularized by GO.Ms.No.30, dated
07.03.2024.
15. Petitioners in W.P.No.12044 of 2024 have claimed that persons,
who have been appointed as Lab Attendants/Lab Technicians Grade-
II/Pharmacists Grade-II etc., on contractual basis in the Medical
Education Department, like petitioners, have been regularized vide
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CGR, J.
W.P.No.8827 of 2025 & batch
G.O.Ms.No.32, Health, Medical & Family Welfare (G.2) Department,
dated 08.03.2024. Similarly, persons, who have been working as
Multi-purpose Health Assistants (Female) on contractual basis in
Family Welfare Department, have been regularized vide
G.O.Ms.No.41 Health, Medical & Family Welfare (G.2) Department,
dated 13.03.2024, and G.O.Ms.No.50 Health, Medical & Family
Welfare (G.2) Department, dated 15.03.2024. When respondents
have applied uniform yardstick to all aforesaid contractual appointees,
who were recruited more or less on same terms and conditions
through regular selection process having found to be eligible and
meeting the criteria laid down in terms of Act 30 of 2023, respondents
are bound to regularize the services of petitioners which otherwise
clearly amounts to discrimination and is hit by Article 14 of the
Constitution of India. This Court has come across various
Government Orders issued by respondents regularizing the services of
the contractual appointees, who were initially appointed by District
Medical and Health Officers in pursuance to respective selection
notifications, all aforesaid contractual appointees continued to work
under the jurisdiction of original appointees i.e., District Medical and
Health Officers under the control of the 1st respondent, only exception
being to that of the petitioners in these writ petitions who have been
deputed to APVVP. As this Court has expressed that posting
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W.P.No.8827 of 2025 & batch
petitioners on deputation to work with APVVP does not amount to
absorption of their services with APVVP and that they continue to
remain and governed by the service conditions of the original
appointee, petitioners are equally entitled to be considered for
regularization on par with others.
16. In view of the aforesaid reasons, these writ petitions are
allowed, holding that the petitioners are entitled to be considered for
regularization on par with the other contract employees, who came to
be regularized in terms of G.O.Ms.No.30, dated
07.03.2024;G.O.Ms.No.32, dated 08.03.2024; G.O.Ms.No.40, dated
13.03.2024; G.O.Ms.No.41, dated 13.03.2024, G.O.Ms.No.49, dated
15.03.2024; and G.O.Ms.No.50, dated 15.03.2024, with effect from
01.04.2024. The 2nd respondent is directed to issue necessary orders
regularizing their services, keeping in view of the said observations,
within a period of eight (08) weeks from the date of receipt of a copy of
this order. No costs.
As a sequel, miscellaneous petitions pending consideration, if
any, in these cases shall stand closed.
______________________________
CHALLA GUNARANJAN,J.
Date: 07.04.2025
ANS