A.Anil Kumar Vs The State of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION NO: 29260 OF 2024

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Betwee n:

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A.Anil Kumar, S/o. A.Guruvarah, Aged about 39 years, Occ ; Private Service, R/o. H.No.B-1-19/5, Flat No.201, Raghavendra Nagar, Karmanghat, Ranga Reddy District, Hall Ticket No 1767008289

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.....PETITIONER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary to Gov4 tt4edical, Health and Family Welfare Department, Secretariat, Hyderabad 5OO 022.

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The Director of [r,4edical Education, Government of Telangana, Koti, Hyderabad - 500 001.

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The Telangana Public Service Commission (TGPSC), Nampally, Hyderabad^- 500^{001 Rep. by its Secretary.}

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.....RESPONDENTS

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Petition Under Article 226 of lfie Constitution of India prayrng that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more particularly one in lhe nature of a Writ of Mandamus declaring the impugned Memo No. 4671 RP- 1112017 daled 09.1O.2024 as arbitrary and illegal and set aside the sank and consequently direct the Respondents to award five weightage marks for the contract service of petitioner from July, 2015 to June, 2O17 as Lab Technician at Osmania Medical College, Hyderabad and direct the respondents to consider his case for selection and appointment to the post of Lab Technician Grade-ll pursuant to the Notification No.6712017, daled 18.12.2017 of the third respondent.

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LA.NO:1 OF 2024

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Petltion Under Sectron 151 CPC praying that in ther cr lumstances stated rn the affrdavit filed in support of the petition, the High Cor r may be pleased to suspend impugned lt"4emo No 4671 RP- 1112017 dated 09. 1 ) 2024 and direct the respondents to award five werghtage marks and based on lrr ; merit appoint him to the post of Lab Technrcian Grade-ll forthwith pursua I to the Notificatron No.67/2017, dated 18.12.2017, pending drsposal of the abo u r writ petition.

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Counsel for the Petitioner : SRI SARASANI SATHYAM REf Dy, SENIOR COUNSEL SRI SARASANI RAHUL REDDY

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Counsel for the Respondent Nos.1 & 2 : GP FOR SERVIC: j- |

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Counsel for the Respondent No.3 : SRI P.S.RAJASEKHAR

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The Court made the following ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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1VRIT PETITION No.29260 of 2024

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Dated 9th January, 2026

BETWEEN:

A. Anil Kurnar

Pe ti tioner

.AND

The State of Telangana,

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Rep. bv its Principal Secretary,

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Mcdical. Health :rnd Familr. Welfarc Dcpzirtment,

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Sccrctariat, Hyderabad, and two othcrs.

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Respondents

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ORDER:

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This Writ Petition, uncler Article 226 of the Constitution o[

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India, is liled sceking thc follorving relief

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-...to lssuc a \;rit, order or drrection. more particularly one in the natLrlc of a Writ of Marldarnus declaring thc impugned Ivleno No: 467/ RP IIil2O17 dared 09.1O.2O24 as arbitrary and illcgal and set asidc the sanre ?u1d consequentil direct the Respondents to award hve rveightage mar-ks for the contract sen,ice of Petitioner from Juh', 2015 to June, 2017 as Lab Technician .rt Osmania Medical Collcge, Hr derabad and direct the respondents to consider his case for selcction and appointment to thc post of Lab Tecltnicran Gra(ie II p\lrsuant to the Notification No67 /2017, dated 18 l2.2Ol7 ol thc third rcspondent and pass. . . "

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Heard Sri Sarasani Sathyam Rcddy, learned Senior Counscl, representing Sri Sarasani Rahul Reddy, lcarned counsel for the

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?K, .I i).iio .)9260 o1 2024

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petitioner, learnecl Govcrnment l)le:rder [or Sen,ic.:.. , appcaring on behall of rcsp.ndent Nos. 1 a.d 2, rrnd Sri Ir.S. R:r j,i ,t:khzrr, lc:r,ted Standing Counsel appearing for rcspondent No.3.

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Learned Senior Counsel for rhe petitioncr s .lr.r-rits that tl,e petitioner, bclonging to Schedulcd Caste conu unitr,, havir.rg posscsscd thrr qualiticittion o[ B.Sc. (\ll,T), ear-)i,. uorkcd :is ir contract e mplovec in Osmania Nledical Collcge, H,r rl,.^. lrrrd. fronr ,lulr., 2015. As srtch, in pursuance ol Notification i\Jr,^-r7,,rt11 17 O^,.., la.]r2.2O17, issucd lt1, responclent No.3, the pctition, lLpPlied lor the post of Lab Tcchnician Grade-ll, appeared and suc:i r ssfullr. qtralihed in the written examination and was thus callcd for ,,r.ificarion o[ his certificates on 08.08.2O23. It is submitted I .rt ils per the Noiification, out of rhe total (1OO) points, a maxinrrr n o1- (70) points were [o be arn,arded lor written examination, s,hit, (30) poir-rts lor experience. Therefore, since the petitioner had earlir: worked as Lab Technician on contract basis from Julv, 2015. to. .nc,2017, he is fully entitled for award of service weightage poinrs. Iorvevcr, he was not awarded the said points, due to u,hich, his sclt'r r on had affected. As such, the pctitioner was constrained to file W.[:,. .). ),9077 ol^,2024 before this Court, which was disposed ol vidc ordcr ,l rr,cd 19.07.2024. permitting the petitioner to make a rcprcsentation n, :l thc authorities

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PK, J tv. P. No.29260 of 2024

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were directed Lo consider the same and pass appropriate orders ir-r accordar-rcc rvith lau

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It is further submitted that in compliance u,ith the said order ol this Court, the pctitioner subr.rritted his representation to the respondents on 2O.O7.2024, and his requcst for au'arding service weightage points was illegally ar.rd arbitrarilv rcjectcd by respondent No.3 vide impugned Memo datcd 09.1O.2024, holding that the petitioncr had or-r11, u,orked as an outsourcing employce, u,hich is factually incorrect, as tl-rc petitioncr's carlicr appointmcnt order dated 2I.O5.2025 categoricallY mentioned thal he rvas appointed as a contract employee. [t is also submitted that the Principal, Osmania Medical CoIIege, Hyderabad, issued an expericncc certil-rcate dated 30.O9.2024, which also goes to sho$, lhat the petitioncr had rendered his services as a contractual emplol.ee since 2O15. As such, the petitioner is fully etigible and cntitled lor awarding the service weightage points for his contractu:rl service. Therefore, learned Senior Counsel seeks indulgence o[ this Court to issue necessary' directions to the respondenls for awarding the service weightage points to the petitioner for his services during July, 2O 15 and June, 2017.

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PIi,,l V I'.Nc 29260 of 2021

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on thc orhe r ha11d, lea.ncd clol,ernrrrc'rt pl'rr l rr irl)llearirlg rbr respondent N,ts. 1 :rr-rd 2 submrrs that Lhe petitiorr,; tacl prodrrcccl a certilicatc issucd by the principal, C)smani;r ) cciii:al Oollcqc, H1'clerabad, dated 16.O7 .2Olg, during the cer ril, :1t(. rcrilication process, but it is nou'here mentioned thercin thal I I 3 p€,titioncr hacl worked as Lab Technician on contract basis. Furtl ,r, (llc pelitioncr had also failed to furnish within the stipulat.ci ti,., tl.te coyrir:s of rclcv:u1t docuttr:nts, including his appointrn(.n1 ()r ( (,r. i Icn(.c, the Committce has awardcd zero u'eightagc points t() t. ., p(litiun(.r : tcl furnished thc same to respondent No.3. It is lurt ., . . su bmitted rhat after lrling of rhe present writ petition, the relevan( r. .rds u,cre cal]cd for and the Principal, Osmania Medical College, H].,1: :rbarl, .idc lerrer daled 16.I1.2O24, stated that the petitioner $.as I )poinre(i as l,ab Technician Grade-II on a consolidated payment ot F s. 1g.360,r - for a period of one year, from 06.07.2015, which was exl( r rlcd lor a furthcr period of one )rear, until 05.09.2017, and he rende,r: I his contr:rctual services at i\4DRU Lab under centrallv_ spor r s, r cd schentc bv ICMR/DHRU Funds. However, the petitioner,s apI ( irlrntenl \r,as noL made by a competent authority, i.e., District Sr.lc :tioI Committee headed by the District Medical and Hcalth Officcr, I )istrict Collecror, as was done in the cases of other contractual t.r: tlovccs, ancl his

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PR, J w P. No.29260 oJ 2A24

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consolidated pay (ras also drarr.-r'r from celt trally- spon sored scheme funds and not from thc Sratc Goyeflrmenl iunds/ budget. As such, the petitioner^tvas not a\'ar(lcd :utt service u,eightagc points. It is also submitted that the petitioncr belongs to Scheduled Caste community, and the last selcctcd candidate under the said communit)' secured (43.757) marks, w,hereas, the petitioner has secured only (41.237) marks. Hencc, hc ts not u,ithin the zone of consideration. Therefore, it is prar,cd to drsntiss thc present rvrit petition.

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Likewise, learned Standing Counscl :rppearing on bchalf o[ respondent No.3 submi[s that in pursuancc of Notihcation No.67 /2017 dated 18. 12.2017 , rhe pctitroner parricipared in the recr-uitment process lor the post ol Lab l'ccl.rr-rician Clirade il, and as per the Notihcation, a ma-ximum ol (7O) poinrs r,r,ould be awardecl for written examination and (30) points for expcrience, which inciudes a maximum of (10) points lor serriority in re rms oI passing the qualifying examination and (2O) lor the (lovcrnmcnt ser'.',ice on contract basis. It is submitted that paragrapir VIII of the Norification also clearly specihed that rhe weightage of (2O) points would be arvarded only to the employees lvorking on contractual basis in Government organization. However. a Committee $,its constituted by

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PK, J <sup>'. P No.2926O of 2A24

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the \ledical Department, which has declarecl tlr r rhc cmplo,ces lvorking on outsourcing bilsis arc not eligible for a,,r: r ling thc se rvicc !'e ightagc poinl s. as per thc guidelincs issucd ii G.(.r Ms. No. 166 dated 09.O9.2017.

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It is furthcr submitted that in compliance u,i1 h I re orciers ,f this CourL daled^1,9.O7.2024 in W.P.No. l9OT7 of 2a24. hc r:ase of tac pctitiolter herein r"r,trs cxamined b1r thc Comn.riss r r in dctail, ancl since he was found to be working as an outsour-r.i: 1 ernployee. hrs request for arvard of service weightage points u,as rrg I l[1, t.c.jcctccl vide impugrred orrler datcd 09.1O.2024. It is furthcr sr rnitLed thilr lltc Dircctor of llublic Health and Family Welfare.^., le lctter dared 09.12.2022, :rlso clarified that the petitioner,s nanr(, (\ras inch_riled in thd list of workers, altd that his services colnc ,i. :lcr outsourcirrg basis. As such, there is no illegality or arbitrarint.:: in rejecting Lhc claim of the petitioner.

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It is further submitted that the selection proc,, ;s for thc posr ol Lab Techniciiln^(lrade-ll in pursuance of Notificatiorr No.(r7l2O 17 has alrcadl' bccn concluded on O9.08.2O24, and cxc,,l thr: (27) posts, which were reserved as per the interim orders of tli { Court, only (16) vacancies relnained unfilled, and the same were alri cat-ried [o|r.r,ard

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PK,,J tlt.P No 292(t0 oJ 2021

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to the next recruitment, as per G.o.lvls.No.8L dated 22.02.1997 and (l.O.Ms.No.544 dated 04.12.1998, dlrc to non availability of eligible cardidates in certain catcgories. It is [urther submirrect that Icspondent No.3 is only a recruiting agency and does not possess thc authority to award weightage marks, and thus, the Mcdical and Health Department and the officc ol DPH and F-W $.crc delcgatcd [h(l authority to award weightage marks. As such, a iist of czrndidates rvas forlvarded to respondent No.3 rvith scrvice weightage marks arvarded to their contractual service. and in pursuance o[ the samc, the selection process was undertakcn ernd concluded. Further, no Scheduled Caste vacalc], remained unfilled, and the lasr sclected candidate in the said community secured \43.757) ntarks, rvhereas, the. petitioner secured only (41.237) nrarks ir-r the written examination. Therefore, it is prayed to dismiss the prescnt ri rit petitrun.

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This Court has taken note of the nval submissions advanced by learned counsel for the respective parties arrd perused the material available on record.

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Admittedly, respondent No.3 issued Notification No.67 12017 dated 18.12.2O17, for recruitment to Lhe posr ol Lab Technician

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PK, J t P.No 2926(.) of 2()24

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Graclc II, and Par:r-VIII dcals with the proceclure f.r relerr:tio., u,ltich rc:rd s as u nder

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P.\l?A VIIl: I)llr)CEI)URIi IrOR SEL!]CTION

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TI]I] SEI,EC'II()N OII CANDIDATES FOR APPOINTMENT 1( ]IE F'OS'I IS .\s t.'oLt,o\'s

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'llJE ITINAL SI.)LECTION OF THESD POSTS WILL IIE B.r- tD ())- 70 ','EI( i HTi(] I] (POINTS) IN WRITTEN EXAMINATIC)i ANI) 3O \VEI(;HTACI' (PO]NTS) FOR THD OOVT. SERVICE (II\ i,ut''foc[t itER. 'RIIINCEI

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Tlre proccclure of selection for the post is as follo$.s

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sl",,, I	lertr,. Wrrtte ulars nExaminatlon	,l 70 e	,nts) I l
2	Expc rlence	30
	Total	loo

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Tlrc clitl l;t ftrr a*arding Weightage (Marks) for Go i[]xperie rce) rs as follows:

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Serr icc

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	CrLte	ria	Elhtage lks)
Ser.'irc Consisls	Wcig Se11i	htageofexperienceofGovt. ce _
of	i)	Six MonthsinTribal Area	4
	ii)	SixMonthsinRuralArea	2
	iii)	SixMonthsinUrbanArea	I
	(Co Muni	rporations & Grade-l ci alities

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As Per the Selection of procedure, it consists of^, /elghlagc ol total 1O0 points. In which maximum 70 points \l.il le gLven t() Written Examination conducted for lS0 marks and r rximtrrn 30 l)ornts^{$rl1 be given} to Experience of the candidates br ed orr their (lovernmer: r Sen'ice.

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I l hose calrdrrlates rvho qualify in the Examination in o:.r ( - of lncrrt t\ lil bc called fo. ,erification of Certificates, Community an( )ategorl !v]se lor the vacancics available as required. The minin r m qtraliir irrg nrar-ks for Sclection are OCs 4ool,, BCs 35% SCs, STs rnd pH 30 )i,. 'l'he minirnu m quahfying marks are relaxable in the case of SC/ST/BC/PH at the discretion of rhe Commission.

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2.^'lhc candidatcs will bc selected and a-llotted to Servicc,/ I cpartmerlt its lter-^{theirr;Irk in} the merit list and as per Departme ) an(l l)islrL.t

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PK, J || P. No.29260 oJ 202.1

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Preference for allotment of candidates against vacancies and for the vacancies availablc.

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N.B.: Mere securing minimum qualrfying marks cloes |ot vest an,v riglrt in a candidate for bcrng considered for sclection.

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The appcarance in all the paper/papers at the \Vrittert ExilrnrrratioIl as per rules is compulsory r\bsence in any of the papet /'papers !l1l automatically render his candidature asdisqualified.

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.+ Calldidates ha'e to produce Original documenls an(l oth.r pau-ticular s on the day of verification rtself. Ifcandidate fails to procluce any ofthe required certificates and i[ the particulars furnished b) him / her in the Application do not tally^q,ith the Origlnal documents 1>roduced Irrm /^{her, then his} /^{her candidature$rll be rejecrccl,/disquahfied\,ithout} any further correspondencc- As caldidatLlrc for tlre recruitlncnt rs processcd through Compu fe r/ Elect ron rc cll'rLces based on thc particulars furnished in the Apphcation I.'orm, the canclidatc is advised to fill in all the relevant particulars carclullr.

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The preference opted by candidates rrr respect of posts, Distnct erc. in the apptication form are only indicatrve for being consLdered to the extent possible but not brnding or limiting th(: Commissron's porvers conferred under Article 315 and 320 of the Corlstitulron of In(ira. Therefore, the Commission has thc power to assign a successful candidate to anj of the notrfied posls for $,hich he,/she is qualified arrd eligible, subject to fulfilling the selection crrterron. Mere claim of preference for any Department / District for allotmerlt agarnst vacan._r does not confer a right to sclection for that District in particular or an1 District in General.

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The appointment of selected candidates witl be subject to their being found medically nt in the appropriate Medical Examination, and if he/she is of sound health, active habits free from au'ry bodill defect or infirmity"

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I 1. The main dispute in the present writ petition pertains to thc non-awarding of the service weightage points to thc petitioner. According to the petitioner, he had rendered his services in the Osmania Medical College, Hyderabad, as a Lab Technician, on contractual basis from July, 2015, to June, 2O2O, and thus, cligible for service weightage points. However, his claim has been rejected vide impugned proceedings dated 09.1O.2024, stating that the petitioner rendered his services on outsourcing basis but no[ on

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PK, ,J W.P.No.29260 of 2024

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contr:1ct basrs; that he l:riled to produce thc necesst -y documents a1 the reler.ant point ol lime; and that hc is Lc.:: mcrrtorious i, Sr:hcdulcrl Citstc c:rtcgon, hcnce, ineligible for selcc r rn

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For b(,t1cr appreciation of the case on hancl, it is apposite to reler to the pr:tiLioncr's appointment order issur:rl rv the prir-rcipal. Osmania Merlical College, Hyderabad, vide proceediri ,s No.MRU/proj7 oMClHyd/2r.) 15/ 1o38 crated 21.0s.2015, and the r, evar-rt lcrrns a.(r conditions of his appointment are extracted hereunr r r:

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1 "TI.rc C rdi(late rs informed that his/her appoini rent as Lab Technicran on colrtracr basis is purely on temporiry bas s and is liable to the termin.ttioD at anv time without issigning n! r.iottce or reasons.

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2 He/ She rr rll l:e parcl consolidated paymcnl Rs: 1g.35O per rnonth of Lab Tecltrricran per month each for a period of one yr:i r fiom the date of^joir.ring;rs pcr DHR/ ICMR Guidelines.

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3 Dur ing LIri: Ixrri()d of Ilrs/Her service of one year he/sh j wi be ehgibie for leaves srrictly allo\r.s as per DHR/ tCfr4n guiaelr es sub.lect to approval of Nodal Officcr.

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4 Thc Tentporary service as l^ab Technician on contract ,asis does not qualifi. hirn/hcr for anv pensioner benefits."

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i3. lrrom rhe abovc, it is unequivocally clear thz t the petitioner,s scrvices rverc Lrtilizcd on a contractual basis. Henr:c, the contention ol thc rcspondrllts that thc petitioner worked on out;ourcing basis is u,holly' unte.a blc, and thus, rejccting the claim o^- the petitioner on this ground cannot Lre countenanced.

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PK, .I \1,.P. No 29)i)A o12024

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Accordingly, the Writ Petition is allowed setting asidc the impugncd order vide Memo. No.467 / RP-ll /201 7 darecl 09.1O.2024 issucd b1. respondcnt No.3, and the respondcnts are dir(:cled to consrder thc case of the pctitioncr for selection and appointmel]t to the post of Lab Technician Grade II by au'arding^{him sert'ice} wcightage points as per his entitlement.

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Miscellancous applications, if any, pending in this^u'rit I)ctition, shalI stand closed. No costs.

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SDI.K^{.BHAVAN ISWAMY} SISiaur^neGI

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,ITRUE^COPYII

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SECTION^OFFICER

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