APHC010177752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9202/2025 Between: Janjarapu John Joseph and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 HCGR, J W.P.No.9202 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue an appropriate writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the inaction of the 2nd Respondent in considering the Representation dated 21-11-2024 and enhancing the remuneration of the Petitioners to Rs.18,500/- for the post of Operation Theater Assistant by placing them under Category-ll of G.O.Ms.No.7 Finance Department dated 17-01-2022 as illegal, unconstitutional, arbitrary, contrary to settled principles of law, unfair and unsustainable and consequently direct the Respondents to consider the Representation dated 21-11-2024 and enhance the remuneration of the Petitioners to Rs.18,500/- for the post of Operation Theater Assistant by placing them under Category-ll of G.O.Ms.No.7 Finance Department dated 17- 01-2022 and pass such other order or orders…” 2. The petitioners were appointed as Operation Theatre Assistant on outsourcing basis through APCOS in 3rd respondent- Hospital. They were initially paid consolidated pay of Rs.12,000/- p.m. Later, by G.O.Ms.No.151, Finance (HR-I-Plg. & Policy) Department, dated 08.08.2016, the Government has enhanced the remuneration by grouping all posts into different categories and fixing Rs.17,500/- for Category-I, Rs.15,000/- for Category-II and Rs.12,000/- for Category-III. As Operation Theatre Assistants were not specifically referred to in any of these three categories, after repeated persuasions made by petitioners and similarly situated persons, they were placed under Category-II and were paid Rs.15,000/- p.m. 3 HCGR, J W.P.No.9202 of 2025 3. Subsequently, the Government by G.O.Ms.No.7, Finance (HR-I-Plg. & Policy) Department, Dated 17.01.2022 has once again enhanced the remuneration for outsourcing manpower by revising the pay as Rs.21,500/- p.m. for Category-I, Rs.18,000/- p.m. for Category-II and Rs.15,000/- p.m. for Category-III. Even the said G.O. also did not specifically refer to Operation Theatre Assistant posts. However, as in the past they have been considered under Category-II, they have made representation through Association to extend the pay of Rs.18,500/- p.m. as they fall under semi-skilled category. Basing on the said representation, the Additional DME/Superintendent of 3rd respondent addressed a letter dated 29.08.2024, to the 2nd respondent for taking necessary action. However, the same is pending consideration with 2nd respondent. 4. The petitioners also made representation dated 21.11.2024 to the Hon’ble Minister of Health, Family Welfare and Medical Education of the State of Andhra Pradesh and the matter is engaged at that level. Persons, who are working as Operation Theatre Assistants at other Government hospitals i.e., at Kurnool and Vijayawada have been extended the pay of Rs.18,500/- p.m., proceedings dated 19.05.2023, addressed by the Additional DME/Superintendent, Government General Hospital, Kurnool, to the 2nd respondent, indicate the same. 4 HCGR, J W.P.No.9202 of 2025 5. Heard Mrs.Sodum Anvesha, learned counsel for the petitioners and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents. 6. Learned counsel for the petitioners submits that remuneration at the rate of Rs.18,500/- p.m., were enhanced to similarly situated persons, treating them as category-II. Even on earlier occasion, the respondents have treated them to be fall under category-II and enhanced pay from Rs.12,000/- to Rs.15,000/-. Hence, the petitioners’ case has to be considered accordingly. 7. Learned Assistant Government Pleader for respondents submits that representation made by the petitioners is to Hon’ble Minister but not to competent authority i.e., respondent Nos.1 and 2, for considering the issue and at any rate, in case, any representation is made to the 2nd respondent, they will consider the said request, in accordance with law. 8. This Court finds that already the Association has made a request, which has been forwarded by the 3rd respondent to 2nd respondent, for necessary action way back on 29.08.2024, but no further steps have been taken in this regard. Besides, the Government General Hospital, Kurnool, by proceedings dated 19.05.2023, addressed to 2nd respondent, clearly mention that 5 HCGR, J W.P.No.9202 of 2025 Operation Theatre Assistant are being paid remuneration at the rate of Rs.18,500/- p.m. considering them under category-II. 9. In this view of the matter, respondent Nos.1 and 2 are all aware of and seized of the issue, the Writ Petition is disposed of at the admission stage, directing respondent Nos.1 and 2 to consider the representation of petitioners, in particular, forwarded by 3rd respondent to 2nd respondent by proceedings in Rc.No.3187/E4/ GGH/KDP/2024, dated 29.08.2024, and also consider the request of Association, for the purpose of paying remuneration to the petitioners at the rate of Rs.18,000/- p.m. treating them as semi- skilled and falls under category-II in terms of G.O.Ms.No.7, Finance (HR-I-Plg. & Policy) Department, Dated 17.01.2022, and pass appropriate orders, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 10.04.2025 KBN