HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No. 24250 OF 2010 Tuesday, the Fifth Day of October, Two Thousand and Ten Between Dr. S.Vanajakshi Petitioner AND The Director of Health and Family Welfare, Koti, Hyderabad and another Respondents ORAL ORDER: (Per the Hon’ble Smt. Justice T.Meena Kumari) Assailing the order dated 15.6.2010 passed in O.A. No. 2491 of 2003 by the A.P. Administrative Tribunal, Hyderabad, and consequently to direct the respondents to regularize the services of the petitioner with effect from 24.11.1980 instead of 30.7.1982 and to extend all the consequential benefits, the present writ petition is filed. The petitioner was appointed as Civil Assistant Surgeon on 24.11.1980 and got herself relieved to pursue post graduation course on 28.1.1981, which is entered in the Service Register. After completion of the post graduation, she was selected by the A.P. Public Service Commission and joined duty on 12.12.1982 as Women Assistant Surgeon, Government Hospital, Tuni, East Godavari District. It is the case of the petitioner that neither there is termination passed nor any break in her service, in the seniority list published consequent upon the selection by the A.P. Public Service Commission, her date of joining is shown as 24.11.1980 and she is placed at Rank No. 558 and for the purpose of regularizing her services, the date is reckoned as 30.7.1982, though in respect of other doctors, who are similarly placed to that of the petitioner, initial dates of appointment were taken though they were also selection by the A.P. Public Service Commission in the year 1982. Hence, she filed the above O.A. The Tribunal, by the order impugned herein, has dismissed the O.A. observing that the is no continuous service from the date of temporary appointment till the date of regular selection and, hence, the petitioner was rightly given the regularization from the date of selection by the A.P. Public Service Commission i.e. 31.7.1982 and she is not entitled for regularization with effect from 24.11.1980. Heard learned counsel for the petitioner and the learned Government Pleader for Medical, Health and Family Welfare. It is not in dispute that the petitioner got relieved herself two months after her joining the Government Service as Civil Assistant Surgeon on 24.11.1980 to prosecute post graduation. It is also not in dispute that she was neither permitted by the Government to prosecute higher studies nor she had availed any kind of leave muchless study leave, which entitles her to reckon her services with effect from 24.11.1980. After completion of post graduation, she appeared for A.P. Public Service Commission examination in the year 1982 and as such, from the date of regular selection i.e. from 30.7.1982, the services of the petitioner were regularized, after she reported to duty as Women Assistant Surgeon, Government Hospital, Tuni, East Godavari District. As such, for all purposes, it shall be deemed the date of regular services is from 30.7.1982 from which date she is entitled to regularization of her services and not from 24.11.1980. The Tribunal for the reasons assigned in the order impugned, has rightly negatived the claim of the petitioner for regularization on par with Dr.Naresh and Dr. Sambasiva Rao, inasmuch their services were continuous from the date of their temporary appointment till they were selected by the A.P. Public Service Commission. Under the above circumstances, in the absence of any material to show that the petitioner was either permitted to prosecute further studies by the Government or that she had availed study leave for about 1½ years, we are of the considered view that the Tribunal has rightly rejected her claim for regularization with effect from 24.11.1980. We do not find any illegality in the order passed by the Tribunal. Consequently, the writ petition fails and is accordingly dismissed. No order as to costs. ____________________ Justice T.Meena Kumari ____________________ Justice G.V. Seethapathy October 5, 2010 MAS.