IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ-^r^ . \ (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15770 OF 2021 A ---• \ a i/x ^ ,v i |\ 'ir-'f UO It fo Ji Yy V-? >>. Between; 1. Vanapalli Srinivasarao S/o Vanapalli PIamamanth.a Rao Age 41 years, Occ: Male Nursing Orderly R/o 11-61, Venkata Ramana Nagar Indrapalem, Kakinada Rural Bast Godavari District Andhra Pradesh — 533006 2. Vuradasu Aruna W/o V. Tarlapudi Ratnakumar, Age 41years, D.No.48-2-14, Gampalavari SJtreet, Jagannaikpur Kakinada, Bast Godavari District, Andhra Pradesh-533002 3. Telagani Sai Ramakrishna S/o Telagani Nageswararao, Age 27 years, D. No. 2-58, Main Road, K Gcingavarain Balantharam, East Godavari District, Andhra Pradesh - 533263 4. Dasari Surya Kiran S/o Dasari Ramadasu, Aged 23 years, Occ:__Male Nursing Orderly, D. No. 2-207/2, Ambedkhar Colony, Kovvada, Kakinada Rural, East Godavari District, Andhra Pradesh — 533006 5. Bunga Dayan and S/o Bunga Anandara, Aged 39 years, D. No. 3-85, Pinapalle, Bast Godavari District, Andhra Pradesh — 533232 Nimmakayala Veera Raghavendra Rao S/o N. Simhachalam, Aged 27 years, Occ: Male Nursing Orderly, D. No. 59-1-122/2A, Relli Street, dagannadapuram. East Godavari District, Andhra Pradesh — 533002 Manne dyothi Kiran S/o M. Srinivas, Aged 23 years, Occ: Male Nursing Orderly, D. No. 2-167, 5VA Street, Swamy Nagar, Ganganapalle, East Godavari District, Andhra Pradesh — 533006 Allumallu Durga Lalcshmi 6. 7. 8. \ W/o A. Rajubabu, Aged 44 years, Occ; SSP (Support Services Personnel) D. No. G-4, Indiramma Colony, Satchutapuram, Kakinada Rural, East Godavari District, Andhra Pradesh - 533004 9. Vadey Satyavathi W/o Abbai, Aged 50 years, Occ: Female Nursing Orderly, D. No. 7-48, Mamilladoddi, East Godavari District, Andhra Pradesh — 533434 10. Allumalllu Varahalababu S/o Allumalli Chandrasekar, Aged 41 years, Occ: Male Nursing Orderly D No. 10-1-33, Cheedila Pora, - Ramaraopeta Kakinada,East Godavari District, Andhra Pradesh - 533004 11. Gandreti Pavan Kumar S/o Gandreti Gangaraju, Aged 28 years, Occ: Male Nursing Orderly, D. No. 3-120/1, Nirmala Convent Street, Indrapalem, Kakinada Rural, East Godavari District, Andhra Pradesh - 533006 12. Kaparapu Lovaraju S/o Chinnaraju, Aged 28 years, Occ: Male Nursing Orderly, D No 1-106, Pathakota, Kotananduru, East Godavari District, Andhra Pradesh - 533407 13. Vundavalli Veeraraju S/o V. Venkatarao, Aged 49 years, Occ: Front Desk Manager, D No. 4-3, Gandepalli Mandal, Hanuman Temple, P. Nayakampalle, East Godavari District, Andhra Pradesh - 533437 14. Madapalle Syambabu S/o Piter, Aged 45 years, Occ: Male Nur-sing Orderly, D. No. 6-130, Meesalachinnayyapeta, Turangi, Kakinada Urban, East Godavari District, Andhra Pradesh - 533016 15. Golladi Durga Prasad S/o G. Appanna, Aged 27 years, Occ: Male Nursing Orderly, D. No. 2-326, Bank Colony, Saibaba Temple Street, Samarlakota Mandal, Madhavapatnam, East Godavari District, Andhra Pradesh -533006 16. Pitani Nookaraju, S/o Chandrarao, Aged 42 years, Occ: Male Nursing Orderly, D. No. 5-472, Pithanivaripalem, Kamana Garuvu, Amalapuram Rural, East Godavari District, Andlu-a Pradesh - 533201 t 17. Bangari Venkata Dhanunjayarao, C/o Bangeiru Venkanna, Aged 29 years, Occ: Male Nursing Orderly, D. No. 18-13-7/1, Relli Veedhi, Ragam Peta, Kakinada (Urban) Kakinada, East Godavari District, Andhra Pradesh - 533001 18. Koulu Sitaram S/o K. Apparao, Aged 49 years, Occ: Male Nursing Orderly, D. No. 18-13-2/B, Relli Veedhi, Ragcun Peta,-Kakinada Urban, East Godavari District, Andhra Pradesh — 533001 19. Undrasula Gangabhavani W/o Bunga Rajasekhar, Aged 39 years, Occ: Tailor, D. No. 6-146, Meesala Chinnayya Peta, Near Anganwadi, Toorangi, Kakinada Rural, East Godavari District, Andhra Pradesh 20. Chipurupalli Rambabu S/o Suryarao, Aged 35 years, Occ: Male Nursing Orderly, D. No. 20-1-88, Pasilavari Street, Peddapuram, East Godavari District, Andhra Pradesh — 533437 21. Ravalasa Rajasekhar S/o R. Apparao, Aged 37 years, Occ: Male Nursing Orderly, D. No. 12-6-113, Chinna Veedhi, Samarlakota, East Godavari District, Andhra Pradesh — 532440 22. Venum Veera Venkata Satyanarayana S/o Late Satyanarayana, Aged 44 years, Occ: Male Nursing Orderly, D. No. 11-2-130, Vasthad Veedhi, Pithapuram, East Godavari District, Andhra Pradesh - 533450 23. Nemmadi Divya D/o Chinnakonda, Aged 23 years, Occ: Female Nursing Orderly, D. No. 10-135/AS, SC Colony, Kotananduru, East Godavari District, Andhra Pradesh - 533407 533016 24. Tupalcula Sateesh S/o T. Narayana, Aged 34 years, Occ: Male Nursing Orderly, D. No. 18-13-4, Rangam Peta, Relli Veedhi, Kakinada Urban, East Godavari District, Andhra Pradesh — 533001 25. Ravada Asha Jyothi D/o Chiranjeevi, Aged 25 years, Occ: Female Nursing Orderly, D. No. 6-116, Kotananduru Mandal, East Godavari District, Andhra Pradesh - 533407 26. Killi Vinod, S/o killi Rdmana, Age:26 years, Occ: Male Nursing Orderly Addateegala, Thimmapuram. East Godavari District, Andhra Pradesh-533428 27. Munukoti Veera Venkata Shtya Durga Prasad, S/o Venkatarao, Age:23 years, Occ: Male Nursing Orderly, D. No. 2-91/1. Munukoti Vari Palem Anathavaram, East Godavari District Andhra Pradesh-533222 28. Chikurumelli Yedukondalu S/o Chikurumelli Arjanarao Age 50 years, Occ: Male Nursing Orderly, D.No.3-160/1, Injaram East Godavari District, Andhra Pradesh-533464 29. Vanapalli Lovaraju S/o Late Vanapalli Suryanarayana Age:34 years, Occ: Male Nursing Orderly, D.No.1-117/2, 2>^d street Kakinada Rural Swamy Nagar, Ganganapalle East Godavari District, Andhra Pradesh-533006 30. Bangaru Mohan Raju S/o Bangaru Veera Bhadrarao Age:43 years, Occ: Male Nursing Orderly, D .No 19-3-11/1, Bsmk Peta Kakinada Urban, East Godavari District, Andhra Pradesh-533001 31. Batthula Srinivas S/o Batthula Chandravathi Age:34 years, Occ, Male Nursing Orderly, D.No. 1-190, Gopi Vari Veedhi Thondangi Mandalam, Pydikonda East Godavari District, Andhra Pradesh-533401 1 Q '32. Iswarraju Presingi S/o Iswarraju Gurunadh Age:33 years, Occ, Male Nursing Orderly. D. No. 5-7-106, Giriampeta, Yanam Puducherry -533464 33. Baduganti Veera Venkata Suryanarayana S/o Baduganti Yedukondalu Age:38 years, Occ; Male Nursing Orderly. D. No 1-190, 3rd Street, Swamy Nagar Kakinada Rural, East Godavairi District, Andhra Pradesh-533006 34. Jalagadugula Siva Shankar S/o Jalagadugula Satyanarayana Age:26 years, Occ, Male Nursing orderly, D. No. 22-4-4/3, Prajar Peta, GGH Quarters, Kakinada Urban, East Godavari District Andhra Pradesh-533001 35. Shaik Asha C/o Shaik Raheem Age:39 Occ,Female Nursing Orderly, D.No 78-3-7B, Syamala, Beside RTC complex, Gandhipuran-3, VTC: Rajamahendravaram, East Godavari District Andhra Pradesh-533103 36. Polimera Harish S/o Polimera Venkata Ramana Age;25 years, Occ; SSP (Support Services Personnel), D. No 3-144, Gavara Veedhi, Madugula Mandal, Visakhapatnam, Andhra Pradesh-531027. 37. Pidugu Gangadhararao C/o Satyanarayana Sastry, Age 43 years,” Occ; Front Desk Manager, D. No 68-9-60, Bank Colony, Ashok Nagar, Beside Venkannababu Function Hall, Kakinada Urban Engg College, East Godavari District, Airdhra Pradesh-533003 38. Yedida Nagabhushanarao S/o Pallamraju, Age 31 years, Occ; Front Desk Manager, D. No. 2-160, Peddaveedhi, Gollapalem, East Godavari District, Andhra Pradesh-533468 39. Masabathula Raju S/o Govayya, Age 48 years, Occ; SSP (Support Services Personnel), D. No. 16-42-125, Sambamurthy Nagar - 5<^ Street, Kakinada Urban, Kakinada, East Godavari District, Andhra Pradesh-533001 40. Tatapudi Arjunkumari W/o Tatapudi Ramesh, Age 31 years, Occ; Female Nursing Orderly, D. No 17-10-142/121, Swarnandra Colony, Kothapakala, Kakinada Urban 19 East Godavari District, 41. Naram Ratnaji Rao S/o Veerraju, Age 38 years District, Andhra Pradesh-533002 42. Chalapaka Venkata Ramana, ^/o Ramana, Aged 32 years Near VenUie'JwS^rjeT Pithapuram, East Godavari Andhra Pradesh-533450. 43. Konala Veerababu, Occ-^SSPy^'''^'"‘“'^°’ 33 years, D No Personnel) . No. 3-35/1, Namidivari Peta, P^^ru Mandal, Tallapadu, East Godavari District, Andhra Pradesh.533263 44. Gawala Jyothi W/o Satyanarayana, Aged 34 years D m Nursing Orderly, 45. Varri Apparao Ramana, Aged 38 years Occ Male Nursing Orderly D. No. 22-4-6/4, GGH Ramakrishnaraopeta, : East Godavari District, Singampalli Govindu S/o Krishna, Aged 45 years Occ: Male Nursing Orderly D. No. 18-13-7/4, Relli Ragampeta, Kalcinada East Godavari District, 47. Mahammad Hazee S/o Md Salameth Khan, Occ: Male Nursing Orderly D. No. 19-3-11, Police Line, Bank Peta, Kakinada L East Godavari District, 48. Singapalle Vasantha h W/o Govindu, Aged 44 years, cc Female Nursing Orderly D. No. 18-13-7/4, Rellaveedhi, Ragampeta, Kakinada East Godavari District, Andhra Pradesh-533001 District, Quarters Kakinada, Andhra Pradesh-533001. 46. Veedhi, Urban, Andhra Pradesh-533001. Aged 31 years. Urban, Andhra Pradesh-533001. Kumar i Urban, Andhra Pradesh-533001. 49. Gavireddi Bharathudu S/o Not Known, Aged 25 years, Occ: SSP (Support Service Personnel) Vedurupalle Post, Vedurupalle, VisaJclrapatnam, Andhra Pradesh- 531115 50. Allam Ramani W/o Ramesh, Aged 40 years, Occ: Front Desk Manager D. No. 32-8-3, Lalitha Nagar, Sappidi Vari Savaram, Reimachandrapuram, Godavari District, Andhra Pradesh-533255. East 51. Dara Ranjeet Singh S/o Venkataramana, Aged 32 years, Occ: Front Desk Manager D. No. 1-101, Daravari Street, Vadrevupalli, East Godavari District, Andhra Pradesh-5332490. 52. Kakarapalli Chandra Sekhar S/o K. Suryanarayana, Aged 39 years, Occ: Front Desk Manager D. No. 3-17-31, Gudari Gunta, Bised New Life School, Kakinada, Godavari District, Andhra Pradesh- 533004 East 53. Bulipe Venkata Ramana S/o Suiyarao, Aged 49 years, Occ: Male Nursing Orderly D. No. 19-4-48, Ambedkar Street, Bank Peta, Kakinada Urban East Godavari District, Andhra Pradesh- 533001. 54. Amalapurapu Suryabhaskara Rao S/o Suryanaraybna, Aged 62 years, Occ: SSP (Support Services Personel) D. No. 52-11-69, Bhanuvari Street, Annamma Ghati Center, Jagannadhapuram, Kakinada, ,-oor^/->o East Godavari District, Andhra Pradesh- 533002. 55. Pothuri Syamala Raju S/o Suryanarayana Raju, Aged 32 years, Occ: Lift Operator D. No. 3-23, Madunuri Vari Meraka, China Kothalanka, East Godavari District, Andhra Pradesh- 533002. ...Petitioners And The State of Andhra Pradesh rep by its Principal Secretary to Government Medical Health and Family Welfare Department, Tulluru, Secretariat Buildings Velagapudi, Krishna District. Tl-ie Director of Medical Ediacation . of Andhra Pradesh Idanninanpet, Vijayawada, S20003. ,..2< Government Ameiravathi, Andhra Pradesh - District Collector cnm -Chairperson and Director, Xhe Ex-Officio E Andhra Pradesh Corpoi (/VPCOS for short), O/o Kalcinada-533001, East Andhra Pradesh. 3. -ation for Ontsonrcing Services Collectorate, Godavari District Xhe Government I<al-dnada-S3 3 00 1, East Andhra Pradesh. Xhe Assistant Director, Government General Plospital Kahinada-53300 1 East Godavari District. General Plospital Godavari District, .. .Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may in the nature of Writ of be pleased to issue an appropriate writ more Mandamus declaring the action of the Respondent Nos. 4 and 5 in removing the portal of Andhra Pradesh Corporation for Outsourcing their names in Services APCOS' for short) without any notice and only for the reason that a Writ Petition was filed before this Honourable Court vide WP No. 11116 of 2021 which is pending adjudication, despite the service of the Petitioners being utilized by the Respondent authorities till date, as being arbitrary, illegal and violating Articles 14, 16 and 21 of the Constitution of India and the principles of natural justice and consequently direct the Respondent of the Petitioners in the portal of APCOS and are also Nos. 4 and 5 to add the names update the attendance of the Petitioners. lA NO: 1 OF 2021 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 to direct the Respondent Nos. 4 and 5 to add the names of the of APCOS and update the attendance of the Petitioners in the portal Petitioners, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1,2,4 & 5: GP FOR MEDICAL, HEALTH &FAMILY WELFARE Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER 1 APHC010271862021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15770/2021 Between; V Srinivasa and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S); 1.SRI VIJAY MATHUKUMILLI 2. SRINIVASA RAO NARRA Counsetfor the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR SERVICES I „=RESPONDENT(S) 3.GP FOR MEDICAL HEALTH The Court made the following: FW(AP) ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for the respondents. Challenging the action of the respondents in removing the petitioners names in the portal of Andhra Pradesh Corporation for Outsourcing 2. 2 Services ('APCOS' for short) without been filed. any notice, the instant Writ Petition has 3. It is stated by the learned counsel for the petitioner that the issue passed by of 2021, dated 24.01.2025, thus requests that the same order may be passed in the present Writ Petition also. raised in the Writ Petition is squarely covered by the common order this Court in W.P.Nos.466 of 2022 & 30238 4. The learned Assistant Government Pleader does not dispute the same. 5. Considering the above submission and for the reasons recorded therein this Writ Petition is disposed of in terms of the order W.P.Nos.466 of 2022 & 30238 of 2021 copy of the said order. There shall be passed in dated 24.01.2025 . Office to enclose a no order as to costs. As a sequel, interlocutory applications. pending if any, shall stand closed. REGISTRAR //TRUE COPY// ‘P ^ OFFICER To, SECT/0 1. The Principal Secretary to Government, Medical i-iealth and Family Welfare Department, State of Andhra Pradesh, Tulluru, Secretariat Buildings Velagapudi, Krishna District. 2. The Director of Medical Education, Government of Andhra Pradesh Amaravathi, Hanumanpet, Vijayawada, Andhra Pradesh - 520003. 3. The District Collector-cum-Chairperson and Ex-Officio Executive Director, , Andhra Pradesh Corporation for Outsourcing Services (APCOS for short), O/o Collectorate, Kakinada-533001, East Godavari District Andhra Pradesh. The Superintendent, Government Genera! Hospital, Kakinada-533001 , East Godavari District, Andhra Pradesh. The Assistant Director, Government General Hospital, Kalcinada- 533001 East Godavari District One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] Two CCs to GP for Medical, Health and Family Welfare, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. (Along with a copy of the order in W.P.Nos.466 of 2022 & 30238 of 2021, dated 24.01.2025) 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED:30/04/2025 ORDER WP.No.15770 of 2021 DISPOSING OF THE W.P. WITHOUT COSTS 1 *HIGH COURT OF ANDHRA PRADESH :: AMARAVATI +WRIT PETITION No. 466/2022 and 30238 of 2021 +WP No.466/2022 Between: #Ganga Ravi Prasad and Others ...PETITIONER(S) AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S) JUDGMENT PRONOUNCED ON 24.01.2025 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 2 * THE HON’BLE DR.JUSTICE K. MANMADHA RAO +WRIT PETITION Nos. 466/2022 and 30238 of 2021 % 24.01.2025 WP No.466/2022 # Between: ...PETITIONER(S) #Ganga Ravi Prasad and Others AND ...RESPONDENT(S) $The State Of Andhra Pradesh and Others Mr. Narra Srinivasa Rao ! Counsel for the Petitioner : GP for Services-lV ! Counsel for Respondents; <Gist; >Head Note: ? Cases referred; 1. http://lndiankanoon.nrg/doc/1591733 3 APHC010002752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI {Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 466/2022 and 30238 of 2021 W.P. No. 466/2022 Between: Ganga Ravi Prasad and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: ...RESPONDENT(S) COMMON ORDER ! As the issue involved in both the writ petitions is one and the they are being taken up for hearing as well as disposed of by way of this Common Order. same ^ Since the facts i therefore WP i\jo hereinafter will be in all the writ petitions IS taken as lead similar and identical, case, and the facts •466 of 2022 i therein referred to for convenience. The facts of the case are that all the Petitioners various are working in capacities on the outsourcing basis City. Kurnool District. in the Government General Hospital. Kurnool Eiectricians. The Petitioners have been working Carpenters. Male Lift Operators, Orderly and Female as barbers. Plumbers. Nursing Orderly Nursing Managers in the and Front Desk Oily, Kurnool District Government General month of October Nakshatra House Government Hospital, Kurnool 2018 for initially from the 3 period of 3 Keeping Services vi years through the vide Agreement dated agency of 30.07.2018. ”^36 dated 04.11.2019 The of Andhra Pradesh iissued G.O.Ms.No. Pradesh Corporation incorporating the Andhra (APCOS) with for Outsourced Services an intention to streamline the appointments who have working under to create been various modes like outsourcing, contract and daily wages outsourcing ecosystem i transparent, and accountable and sustainable the State. It i 's stated that, duly in recognizing the services of the Petitioners the Respondents, I by in the month of July 2020, the Petitioners who were in the Government General working Hospital, Kurnool through the Intimation Letter PL merged into the agency were said Corporation vide Placement - 230420210504 DC-KIML-003672 the 5'^ No. PIL- bated 23.04.2021 ogs in Rc. No. SPL/18 ■ Thereafter, surprisingly, i-espondent vide Proceed! terminated the Petitioners dated 30.10.2021 ^enrices. Which is invalid under law from the as the Housekeeping Services has agency Nakshatra no role in employment of the Petitioners, as such, the Proceedings issued by the 5*^ Respondent has legal sanctity. Questioning the same, the present writ petition came to be filed. no 4. The counter affidavits are filed in both the matters, for the averments in counter in W.P.No.466 of 2022 are stated as under: convenience 5. In the counter affidavit filed by 5'^ respondent in WP No.466 of 2022, wherein, while denying the allegations made in the petition, inter alia, stated that, for implementation facility management systems under G.O.Ms.No.123 HM&FW(1.1) Dept. Dt.04.04.2018, the Director of Medical Education, A.P. Vijayawada, decided to engage a single agency for all Government Hospitals to avoid payment of Different package rates for different hospitals in hiring the services of Data Entry Operators(Front Desk operators & Nursing orderly) department wise. Accordingly an agreement was entered by the DME on 31.07.2018 with M/s. Nakshatra House Keeping Services for supply of Manpower for a period 03 years for ail Govt. Hospitals in the state. Basing on the same the agency supplied the manpower i.e., petitioners and they were continued up to 31.10.2021. In this regard, the outsourcing agency i.e.. M/s. Nakshatra House Keeping Services, Nerrawada(v), Bhadripalli (p), Chapadu (m), Kadapa District been provided the following cadres outsourcing basis to Govt. General spital, Kurnool from November-2018 to 31.10.2021. 1. Front Desk Managers - 06 Members 6 2. Nursing Orderly 42 Members The DME Vide Rc.No.DME/P1/2018, Dt.21.08.2018, has issued directions to pay the contract amount to the Aarogyasri - HDS Funds of the Concerned agency from the Dr. YSR Institutes (In this case GGH, were appointed through agency paid from Arogyasri funds, up to the tenure /agreement with the Nakshtra Kurnool) only. In respect of petitioners, who purely on temporary basis and their salaries Further they were continued agency and their services have been disengaged. It is further stated that, now the Government released certain posts of various categories vide G.O.Ms.No.140 & 141 HM&FW{A1) Deptt., Dt.17.11.2021 and directed to fill these posts by following the Rule of Reservation and Merit basis. As per the accorded to the persons guidelines the service weightage has also been appointed on temporary through outsourcing petitioners. agencies including the It is further stated that though the appointment orders of the petitioners were issued by the outsource agencies i.e., Nakshtra Flousekeeping services, the petitioners claiming salaries through APCOS, However the entire salaries were paid from Arogyasri funds till their disengagement. It is stated that, taking into consideration of their services the Government also issued guidelines according service weightage up maximum marks 15 accordingly a notification was issued on 30.11.2021. Most of the petitioners have applied for post of Data Entry previous operators/Nursing orderly. The notified vacancies in recruitment process have been started by giving a pure merit to all and the un-employees as well as to outsourcing 7 employees by giving weightage. Therefore, the petitioners cannot find fault with the present selection process taken up by the Government on regular recruitment process. The Main contention of the petitioners that for continuing them in services and also regularize the services of the petitioners in time of Umadevi case, which is not permissible and the Judgment of the Umadevi case is not applicable to the present facts of the case. In this regard, there is no direct relationship between The petitioners as master servant. Further they were appointed by agency itself and the agency is no more existing w.e.f. 01.11.2021. Hence, the petitioners cannot Claim for continue of services and also regularize of services. The Umadevi’s case, which was relying by the petitioners’ is not applicable to the present facts and circumstances of the case. Hence, the writ petition liable to be dismissed. 6. The reply affidavit has been filed by the petitioners in WP No.466 of 2022. In the reply affidavit, it is stated that, some of the Petitioners who are physically disabled and widows even discharged their duties efficiently even at the oddest of times. The Petitioners effectively rendered their services during the time of Covid-19 Pandemic to serve the needy people and to several other ill patients. The Petitioners discharged their duties effectively in the pandemic period by risking their lives to render their services to Covid patients. Inspite of using the services of the Petitioners, the Respondent authorities have terminated the services of the Petitioners despite being merged into the said APCOS Corporation. Upon the termination from their respective posts by the Respondent authorities, the Petitioners and their respective family members 8 were deprived of their fundamental rights guaranteed under Article 21 of the districts of the State, more Meanwhile, in some Indian Constitution. and SPSR Nellore Districts, the employees who the Government General particularly in Ananthapuram appointed initially through an agency to work in later merged into the APCOS Corporation are still working in the were Hospitals and Government General Hospitals effectively and the remunerations time without any delay. But in the case of the paid their salaries very belatedly and they were being respective are also being paid to them on petitioners, they were illegally terminated. Srinivasa Rao, learned counsel appearing for the Government Pleader for Services-lV appearing for the 7. Heard Sri Narra petitioners and learned respondents. learned counsel while reiterating the averments made 8. On hearing in the petitions, submits that, the Petitioners who have been discharging their duties were paid salaries regularly on time through the respeotive agency. The Nakshatra House Keeping Services agency paid salaries to the Petitioners of November 2018 to June 2020. Later due to merging into the Respondent authorities did not pay the monthly salaries from the month of July 2020. He further from the month said Corporation, the with all benefits to the Petitioners of the Petitioners who are aged above 50 years and some handicapped have been discharging their duties in the under the Andhra Pradesh submits that, some of them are physically Government General Hospital, Kurnool for Outsourced Services (APCOS) since 2018 without any Corporation interruption. But the Respondent authority issued the impugned Proceedings vide Rc. No. SPL/18 dated 30.10.2021 informing to Nakshatra Housekeeping services to withdraw the services of the Petitioners from the hospital from. Learned counsel for the petitioners mainly outsourcing from 31.10.2021. contended that as per the guidelines Circular Memo No GAD01 SU-I dated 20.11.2019 the petitioners are under the Nakshatra SUOMISC/31/2019- employment of APCOS but not into the private agency The petitioners who rendered their services Housekeeping Services, efficiently even during the Covid-19 pandemic by risking their lives to serve needy people and Covid patients but the respondent authorities without considering the efficient and effective services of the petitioners terminated the petitioners from their respective posts without paying the the even monthly salaries. Therefore the action of the respondent authorities in not recognizing the services of all the petitioners is highly illegal and arbitrary. He decision of Hon’ble Supreme Court reported in further submits that as per Secretary, State of Karnataka and others vs. Umadevi and others\ the also entitled for regularization. Therefore, learned counsel for direction to the respondent petitioners are the petitioners requests this court to issue a authority to continue the petitioners in the same position and pass appropriate orders. Per contra, learned Government Pleader appearing for the respondents while reiterating the averments made in the counter affidavit, 9. http;//lndiankanoon.org/doc/l 591733 10 submits that, after uploading of some the outsourcing staff particulars, in APCOS portal, this APCOS portal was attached to regular pay bills site i.e., DO request, to upload the attendance particulars from the month of July 2020, to enable the DDO to process the regular GGH, Guntur staff salaries every month. The monthly payments of M/s. Nakshatra House Keeping Services, Hyderabad has been paid from the funds of Dr.YSR Aarogyasri HDS, GGH Guntur only. After termination of contract of outsourcing staff of M/s. Nakshathra House Keeping Services, Ashok Nagar, X Road, Hyderabad On 15.09.2021, the services of outsourcing staff were withdrawn by the agency and their particulars in APCOS portal were also deleted forthwith, submits that the respondent office also addressed and remainder letters were sent to the Director of Medical Education, A.P., Vijayawada to issue necessary directions of M/s. Nakshtra House Keeping Services, for continuation of services or any other directions. Thereafter, on 14.9.2021 the Director of Medical Education Vijayawada has issued telephonic instructions to disengage the services of M/s Nakshtra Housekeeping Services, Hyderabad immediately. He further submits that the Director of Medical Education, A.P., Vijayawada vide Rc.No.9000/P1/2021-22, Dated 19.11.2021, has accorded permission for filling up sanctioned existing vacant posts, newly created additional posts of Paramedical cadres and other posts on Contract/Outsourcing basis in Government General Hospital, Guntur under the administrative control of the Director of Medical Education, A.P., Vijayawada through District Selection Committee and maintain rule of He further 11 and should follow the conditions reservation in the recruitment process mentioned in the G.Os. Thereafter, a notification was also issued for calling applications from eligible candidates. In this regard, the experience certificates are issued to the petitioners whose service have been utilized through third party agency i.e., M/s Nakshtara Housekeeping Services, at Govt. General Hospital, Guntur as per their request. He mainly submits that and employee relationship between the 5 They were engaged through there is no direct employer respondent office and the petitioners, to meet daily work at Hospital. They were not recruited by following the outsourcing agency appointed/recruited I any sanctioned posts or recruitment procedures. On were sanctioned by the !y after the introduction of the APCOS, the posts Government and the Government itself acted as and completed the recruitment through the District Selection Committee by following merit and ROR. Therefore there are no merits in the instant petitions and are liable to be dismissed. recruiting agency 10. On a perusal of the material on record, this Court observed that, the G.O.Ms.No.136 dated 04.11.2019 incorporating the for Outsourced Services (APCOS) with Government has issued an Andhra Pradesh Corporation appointments who have been working under and to create intention to stream line the modes like outsourcing, contract and daily wages and sustainable outsourcing ecosystem in the State. various transparent, accountable Further, it is observed that, the petitioners General Hospital, Kurnool through their Agency were merged who were working in the Government 12 into the said Corporation vide placement Intimation Letter vide PL NoPIL-DC- KNL-003672-230420210504 DATED 23.04.2021. 11. As seen from the Circular Memo No.GAD01-SUOMISC/31/2019- SU-I, dated 20.11.2019, wherein at Clause-1, it was mentioned as under: 1. The Corporation shall work to achieve the following outcomes; (i) Removal of Private Outsourcing Agencies / Middle Man (ii) Corruption free Outsourcing Placement iii) Implementationof 50% reservationfor BC, SC, ST and Minorities and 50% reservation for Women iv) Timely & Full Payment of Remuneration without any undue cuts and (v) Proper credit of EPF and ESI. Clause 2 - Deals with guidelines for engage Outsourced Manpower; 2.1 For the purposes of engaging the outsourced employees who are working with the departments. * All the outsourced employees who are currently engaged shall be migrated to the APCOS, which will act as a placement agency * No employee who is engaged in outsourcing currently shall be removed. * For the purposes of migrating the outsourcing employee, the unit shall be the contract or the department where the employees are currently engaged * The contract or the department unit shall be assigned a unique code and the migration shall happen in toto. * Reservation shall be applied to the contractor or the department unit 13 account ^allte'ra'^siralong & ESI '12. On a plain reading of the virtue of above migrated to the 5‘^ above Circular, in the present case, by guidelines dated 20.11.2019 the petitioners have been respondent hospital since the petitioners were working as outsourced employees. And after merging into the APCOS the Corporation by way of transfer petitioners were being paid salaries by the their accounts from the the petitioners 2020 the respondent pretext of cease of contract this Court i directly into month Of July 2020. So, in view of the above, since were merged into the said Corporation from the month of July services of the petitioners period is highly illegal and arbitrary. Therefore, writ petition while authorities terminated the on IS inclined to dispose of the directing the continue the petitioners in the same position without drscharglng their employment. With regard to regularization petitioners, as stated by learned directions of Umadevi case. respondent authorities to of services of the counsel for the petitioners that in view of the 's case, it is not applicable to the present facts of the 13. Accordingly, both the Writ Petitions proceedings vide Rc.No.SPL/18 authority. Further, the are disposed of setting aside dated 30.10.2021 issued by the impugned the respondent continue the services of the respondent authorities are directed to petitioners in the Andhra Pradesh Corporation for position from the date of Outsourced Services (APCOS) in the same termination i.e., from 30.10.2021 to till date. Further the respondents are also 14 directed to pay the due salaries to the petitioners from the month of July 2020 to the date of termination i.e., upto 30.10.2021 with all relevant benefits of ESI, EPF, Gratuity, within a period of eight (08) weeks from the date of receipt of a copy of this order. 14. It is made clear that the petitioners are not entitled to claim any monetary benefits from the date of termination i.e., from 30.10.2021 to till date. No order as to costs. 15. As a sequel, all the pending miscellaneous applications shall stand closed. DR. K. MANMADHA RAO, J. Date: 24-01-2025 GvI