*HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

+WRIT PETITION No.10485 of 2020

Between:

# Y. Durga Prasad, S/o Koteswara Rao

… Petitioner

And

$ The State of Andhra Pradesh, rep. by the Spl. Chief Secretary,

Health, Medical and Family Welfare Department,

A.P. Secretariat, Amaravati and 5 others.

…. Respondents

JUDGMENT PRONOUNCED ON 29.10.2024

THE HON’BLE DR.JUSTICE K. MANMADHA RAO

1. Whether Reporters of Local newspapers

may be allowed to see the Judgments?

- Yes -

2. Whether the copies of judgment may be marked to Law

Reporters/Journals

- Yes -

3. Whether Their Ladyship/Lordship wish to see the fair

copy of the Judgment?

- Yes -

___________________________________

DR.JUSTICE K. MANMADHA RAO

* THE HON’BLE DR.JUSTICE K. MANMADHA RAO

+WRIT PETITION No.10485 of 2020

% 29.10.2024

Between:

# Y. Durga Prasad, S/o Koteswara Rao

… Petitioner

And

$ The State of Andhra Pradesh, rep. by the Spl. Chief Secretary,

Health, Medical and Family Welfare Department,

A.P. Secretariat, Amaravati and 5 others.

…. Respondents

! Counsel for the Petitioner : Sri T.V.V. Koteswara Rao

! Counsel for Respondents: A.G.P for Services-III

<Gist :

>Head Note:

? Cases referred:

APHC010166712020

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

[3310]

TUESDAY ,THE TWENTY NINETH DAY OF OCTOBER

TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 10485/2020

Between:

Y Durga Prasad and Others ...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. T V V KOTESWARA RAO

Counsel for the Respondent(S):

1. GP FOR MED HEALTH AND FAMILY WELFARE

The Court made the following:

ORDER:

This writ petition is filed under Article 226 of Constitution of India for the

following relief:

“….to issue issue a writ order or direction more particularly one in the nature of Writ

of Certiorari call for records in respect of the Memo No 966218/G2/20202 dated 02.03.2020 of

the Special Chief Secretary/ 1st respondent and quash the same by declaring that the

petitioners are entitled the posts of Lab Attendants by downgrading the posts of Lab

Technicians GradeII on par with the unofficial respondents otherwise to declare the

appointments of the unofficial respondents are biased discriminated and illegal to secure the

ends of jus and to pass”

2. Brief facts of the case are that the petitioners are qualified

unemployed since 1998. While so, a Notification was issued by the 3

rd

official

respondent for filling up of 25 Lab Technicians Grade - II in various medical

institutions in Guntur District, as per G.O.Ms.No.1222 HM&FW (12)

Department, dated 21-08-1998. The petitioner has applied for the said Posts

along with Sri K. Rama Krishna, Sri N. Venkata Rao & Sri G. Nageswara

Reddy/ unofficial respondents 4 to 6, who are also having similar

qualifications.As applications were rejected on the reasons that their technical

qualifications are not suitable for the posts of Lab Technicians Grade-II, they

have approached the Hon'ble AP Administrative Tribunal by way of filing

various OAs along with unofficial respondents and the results were also

declared as per orders of APAT. Out of 25 posts, 14 candidates were

appointed as Lab Technicians Grade-II, who are possessed requisite

certificates of Lab Technician. But, the petitioners and the unofficial

respondents were not appointed even though there are 11 vacancies are

remained in Guntur District on the contention that they were not possessed

certificates like Certificates of 14 appointed candidates.

While so, the petitioners came to know that unofficial respondents 4 to 6

were appointed as Lab Attendants downgrading the said Technicians Grade-II

vide Govt. Memo No. 515/J2/2007-1, HM&FW Department dated 02-05-2007.

However, 8 vacancies are yet to be available in Guntur District in the above

same Notification and the petitioners are also entitled one of the posts out of 8

posts.At that juncture, the petitioners have approached APAT and this Hon'ble

Court by filing various cases to appoint them as Lab Attendants by

downgrading the posts of Lab Technicians Grade-II in the notification on par

with the unofficial respondents and an order was granted by APAT on

09.12.2011 in OA No. 6485 of 2009 in their favour to consider their case on

par with the unofficial respondents. But the respondents have not taken any

steps in that regard. Hence, the present writ petition.

3. The Counter affidavit has been filed by the respondents. While

denying the allegations made in the petition, contended that, even though

there are no relevant left over roaster points to these 3 individuals and without

merit list, they have been appointed as Lab Attendants as per the orders of

the Hon’bleAPAT, as per orders dated 02.05.2007 of the Government. It is

further stated that the Hon'ble Andhra Pradesh Administrative Tribunal,

Hyderabad also issued similar judgment in respect of Sri. M. Srinivasa Rao,

Sri. J.V. Koteswara Rao, Sri. G. Samuel Raju and Sri. Y. Durga Prasad who

also passed inter vocational course. But their case for appointment as Lab

Attendant was rejected by the then District Medical & Health Officer, Guntur

and Government stating that the merit list of 1998 recruitment already lapsed

and they are not in the merit. The merit list of the recruitment of the Lab

Technician Gr-ll of 1998 was lapsed at the time of appointment of Sri. Suresh

Babu in Prakasam District and Sri. Venkata Rao, Sri. K. Rama Krishna and

Sri. G. Nageswara Reddy in Guntur District i.e. during July 2007 (9 years

completed). Even though all the cases are similar in nature the cases of Sri.

M.Srinivasa Rao (belongs to BC-D), Sri. J.V. Koteswara Rao (belongs to OC),

Sri. G. Samuel Raju (belongs to BC- C) and Sri. Y. Durga Prasad (belongs to

BC-A) are not considered by the Government for Appointment. Out of 25

vacancies notified only 14 vacancies ore filed during 1999 and 3 vacancies

filled during 2007 and there are 8 left over vacancies.01.04.2014, 09.05.2014,

27.05.2014, finally on 09.07.2014 duly serving notices to all the concerned to

appear before the Commission. It is a fact that the merit list of the recruitment

of Lab Technician Gr-ll 1998 stood lapsed at the time of appointment of

N.Venkata Rao, N. Rama Krishna and Nageswara Reddy as Lab Attendants

in Guntur District during 2007. Moreover there are no relevant left over roaster

points for their appointments. Sri.Y.Durga Prasad and 3 others have filed

different 0.A.4142/2014 and10485/2020 afresh with the same prayer to

consider their cases for appointment as lab Attendants on par with K, Rama

Krishna and 2 others. The Collector & District Magistrate, Guntur who is

chairman of the District Selection Committee has requested this office to

examine the four cases and fake necessary action immediately and submit

compliance report to the A.P. Information Commission. In view of the above,

the Director of Public Health and Family Welfare, A.P. Vijayawada has been

addressed to re-examine the matter obtain and communicate the orders of the

Government regarding the appointment of Sri.Y.Durga Prasad and 3 others as

Lab Attendants according to the orders dated: 09.07.2014 of the Hon'ble

Andhra Pradesh Administrative Tribunal, Hyderabad in Ο.Α. No.6485/2009 as

directed by the AP Information Commission in the cases referred to above at

an early date. In turn the Director of Health and Family Welfare, A.P.

Vijayawada addressed the Government in the matter to communicate

necessary orders. On the other hand the petitioners filed Ο.Α.Νο.4142/2014

before the Andhra Pradesh Administrative Tribunal. Hyderabad With a prayer

to direct the respondents to consider their cases for appointment as Lab

Attendants on par with other similarly situated candidates. Again the

petitioners approached this Hon'ble court vide W.P.No.15296/2019 with a

prayer to direct the respondents to consider the cases for appointment as Lab-

Attendants as par with similarly situated candidates. It is stated that this

Hon'ble court in its orders dated.30.09.2019 In W.P.No. 15296/2019 has

issued directions to consider the representation of the petitioners and pass

appropriate orders within a period of six weeks from the date of receipt of the

order". Further basing on the Hon'ble High court of Andhra Pradesh orders in

W.P.No. 15296/2019 speaking orders were issued vide this office

Rc.no.3900/E5/2019 dated.03.01.2020 stating that applicants are not entitled

for the appointment of Lab-technician post Gr.II post as they not come up for

selection in merit list.Likewise they are not eligible for the appointment

notification to the post of Lab-Technician Gr.II. therefore, the writ petition is

not maintainable and liable to be dismissed.

4. Heard Sri T.V.V. Kotesara Rao, learned counsel appearing for the

petitioners and learned Assistant Government Pleader for Services-III

appearing for the respondents.

5. On hearing, learned counsel for the petitioners reiterated the

averments made in the petition and prayed to pass appropriate orders.

6. Whereas, learned Assistant Government Pleader also while

reiterating the contents made in the counter, submits that, in fact, there is no

recruitment notification for the post of Lab-attendant in Guntur district during

the year 1998. Thus the petitioners cases will not be under the zone of

consideration either for appointment to the post of Lab- Technician Gr.Il or

Lab-attendant and that the same was informed to the Director of Public health

and family welfare, Gollapudi, Vijayawada, AP vide this office letter

Rc.No.553/E5/2020 dated 29.02.2020. He further submits that the

Government of Andhra Pradesh HM &FW (G2) Department issued speaking

orders rejecting their plea in pursuance of the orders of this Hon’ble Court and

that the representation of Sri Durga Prasad and another is examined and

Government has rejected their plea for appointment to the post of Lab

Attendant by downgrading the Lab Technician Gr.II as there was no

recruitment notification of the post of Lab Attendant during the year 1998.

Therefore, learned Assistant Government Pleader prayed to dismiss the writ

petition.

7. Perused the material on record.

8. As seen from the material on record, it is observed that, it is an

admitted fact that as per rules, the qualification for the post of Lab Technician

Grade-Il is a pass in Intermediate and pass in Lab Technician Grade-Il training

course from a recognized institution.The petitioners have passed Intermediate

but are possessing only Medical Lab Technician course offered by the Board

of Intermediate Education. Though they are having the qualification to hold the

post of Lab Attendant, they are not having the one year clinical training course

from a recognized institution as required for the post of Lab TechnicianGrade-

II. It is further observed that, as per their qualifications, they are eligible only

fc. appointment to the post of Lab Attendants. So, the respondents are

contending that the petitioners are not eligible for appointment to the post of

Lab Technician Grade-ll as they are not having the requisite technical

qualification. Previously, the petitioners along with 2 others have filed

O.A.No.6485/2009, seeking to dispose of their representation dated 23.3.2009

for appointment of Lab Attendants by downgrading the post of Lab Technician

Grade-II and pass appropriate orders. The same was disposed of by the

Tribunal directing the respondents to consider the cases of the petitioners for

appointment to the post of Lab Attendants by downgrading the post of Lab

Technician Grade-II in Guntur District, if vacancies of Lab Technician Grade-II

are available and pass appropriate orders.

9. Now, it is the contention of the petitioners that Sri N.Venkata Rao,

K.Ramakrishna and Nageswara Reddy, who are also having the qualification

to hold the post of Lab Attendant only, participated in the selections conducted

by the respondents for the post of Lab Technician Grade-II, and their cases

were rejected on the ground that they are not having requisite technical

qualification. But thereafter they approached the Tribunal and in pursuance

of the orders of the Tribunal, they were appointed as Lab Attendants by

downgrading one post of Lab Technician Grade-II, with a direction that they

should undergo and pass the certificate of certified Lab Technician Grade-II,

within the period of probation. Even in the counter, the respondents have

admitted that the said Venkata Rao was appointed as Lab Attendant by

downgrading the post of Lab Technician Grade-II.

10. In view of the foregoing discussion, this Court is of the view that, as

the petitioners herein are also stand on the same footing of that Sri N.

Venkata Rao,, K. Rama Krishna and Sri Nageswara Reddy, who arethe

respondents No.4 to 6 herein, inclined to dispose of the writ petition, with a

direction to the respondents to consider the cases of the petitioners for

appointment to the post of Lab Attendants by downgrading the post of Lab

Technician Grade-II in Guntur District, if the vacancies of Lab Technicians

Grade-II are available and pass appropriate orders within a period of two (02)

months from the date of receipt of a copy of this order.

11. With the above direction, the Writ Petition is disposed of. There

shall be no order as to costs.

12. As a sequel, all the pending miscellaneous applications shall stand

closed.

______________________________

DR. K. MANMADHA RAO, J.

Date : 29 -10-2024

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HON’BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No:10485/2020

Date : 29 .10.2024

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