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2025 Supreme(Online)(AP) 18186

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Nyapathy Vijay, J
G SUNEETHA – Appellant
Versus
THE PROJECT OFFICER – Respondent
WRIT PETITION NO: 35423/2025



Advocates:
For the Appellants/Petitioners: Poodattu Amarender
For the Respondents: GP For Services I, GP For Services II

Contract employees appointed through a due selection process are entitled to have their cases considered for regularization in accordance with the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023, on par with similarly placed colleagues.

Headnote:The case involves the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 and G.O.Ms. No. 114, Finance (HR-I Plg and Policy) Dept., dt 21.10.2023. A contract employee appointed as Secondary Grade Basic Training Teacher sought regularization of services, alleging that the failure of the authorities to do so was illegal, arbitrary, and violative of Articles 14, 16, and 21 of the Constitution of India. The court noted that the petitioner was appointed after a due selection process and had been continuing in the cadre. The primary issue is whether the petitioner is entitled to regularization of services under the Act 30 of 2023. The court reasoned that since similarly placed employees were directed to be considered for regularization in previous judgments of the same court, the petitioner's case should be considered on par with other contract employees. The Respondent Authorities are directed to consider the case of the Petitioner for regularization in terms of the Act 30 of 2023 on par with other contract employees as expeditiously as possible.

Table of Content
1. facts regarding contract appointment and the application of the regularization policy under act 30 of 2023. (Para 1 , 2)
2. arguments concerning parity with similarly placed employees and the prematurity of the writ petition. (Para 3 , 4)
3. direction to the authorities to consider regularization on par with other contract employees. (Para 5)

(Special Original Jurisdiction)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not regularizing the services of the Petitioner as Secondary Grade Teacher, consequent to the policy of the Government vide G.O. Ms. No. 114, Finance (HR-l Plg and Policy) Dept., dt 21.10.2023, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to regularize the services of the Petitioner as Secondary Grade Teacher in terms of the policy of the Government vide G.O. Ms. No. 114, Finance (HR-l Plg and Policy) Dept., dt 21.10.2023, as was done in respect of similarly placed persons and colleagues of the Petitioner and further consider the forced break period for computing his service notionally on administrative grounds along with pay and allowances for the gap period, with arrears and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to consider the case of the Petitioner for regularization of her services as Secondary Grade Teacher in terms of the policy of the Government vide G.O. Ms. No. 114, Finance (HR-I Plg & Policy) Dept., dt: 21.10.2023, as was done in respect of similarly placed persons and colleagues of the Petitioner pending disposal of the above writ petition and to pass

Counsel for the Petitioner:

1. POODATTU AMARENDER

Counsel for the Respondent(S):

1. GP FOR SERVICES I

2. GP FOR SERVICES II

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.35423 of 2025

O R D E R:

The present Writ Petition is filed to declare the action of the Respondents in not regularizing the service of the Petitioner in the cadre of Secondary Grade Basic Training Teacher (SGBT) as per the guidelines issued for regularizations of contractual services, vide G.O.Ms.No.114, Finance (HR-I Plg.and Policy) Department, dated 21.10.2023 as illegal and arbitrary.

2. The Petitioner was appointed as Secondary Grade Basic Training Teacher (SGBT) on contract basis on 17.01.2001 after due selection process. Initially, the contract period was extended up to 2206-2007. Thereafter, as the services were not renewed, Petitioner along with two others filed OA.No.3541 of 2006. As per the directions of the APAT, dated 19.06.2006, the service of the Petitioner was extended up to 23.04.2007. Thereafter, the service of the Petitioner was not extended in spite of repeated representations. Later, vide order dated 20.09.2019, the 2nd Respondent re-engaged the Petitioner as Secondary Grade Teacher (SGT) on contract basis. Ever since, the Petitioner is continuing in the same cadre. While so, the Respondent No.1 issued G.O.Ms. No. 114 Finance (HR-I Plg & Policy) Department, dated 21.10.2023, based on the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (for short, ‘Act, 2023’), proposing to regularize the services of the contract employees vis-à-vis the clear vacancies existing as of 02.06.2014, whereunder regularization of individuals appointed on contract basis was to be considered provided that the final appointment was in due compliance with the procedure relating to

(i) Notification of Vacancies,

(ii) Selection Process, and

(iii) Rule of Reservation and eligibility, age, and Edu

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