c IN THE HiqH COURT OF ANQHRA PRADESH :: AMARAVA (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28485 OF 2021 Between 1. Vanapalli Sririivasarao $/o Vanapalli Hanumantha Rao Age 41 years, Occ: Male Nursing Orderly R/o 11-61, Venkata Ramana. Nagar Indrapalem, Kalcinada Rural East Godavari District Andhra Pradesh 2. Vuradasn Arun W/o V. Tarlapudi Ratnakuxnax Age 41years, Occ; Female Nursing Orcterl3^ D.No.48-2-14, Gampalavari Street, Jagannaikpur Kakinada, East Godavari District, Andhra Pradesh-533002 3. Telagani Sa.i Rainakrishna. S/o Telagani Nageswararao, Age 27 3''ears, Occ; Male Nursing Orderly D. No. 2-58, Main Road, K Gangavararn Balantharam, East Godavari District, Andhra Pradesh - 533263 4. Dasari Surya Kirari S/o Dasari Ramadasu, Aged 23 3i'ears, Occ; Male Nursing Orderly, D. No. 2-207/2, Ambedkhar Colorn/, Kowada, Kakina.da Rural, East Godavari District, Andhra Pradesh -- 533006 5. Bunga Dayanan.d S/o Bunga Ariandam, Aged 39 years, Occ; Male Nursing Orclerl3'^ D. No. 3-85, Pmapalle, East Godavari District, Andhra Pradesh — 533232 Nimmaka3/ala Veera Raghavendrci Rao S/o N. EJimhaclialam, Aged 27 years, Occ; Male Nursing Orderly, D. No. 59-1-122/2A, Relli Street, Jagannadapurain, East Godavari I^istrict, Andhra Praidesh — 533002 Manne Jyothi Kira.n S/o M. .Srinivas, Aged 23 ;years, Occ; Male Nursing Orderty, D. No. 2-167, 5VA Stre e t,' Swam3'^ Nagar, Ganganapalle, East Godavari District, 533006 .cx 6. 7. r • Aildhra Pradesh - 533006 S! Allumallu Drirga Lakshmi W/o A. Rajubabu Aged ,44 3^ears, Occ: Tailor D. No. G-4, Indiramrna Colony, SatchutapuraiXL, Kakinada Rural, East Godavari District, Andhi'a Pradesh - 533004 9. Vadey Satyavathi W/o Abbai, Aged 50 years, Occ: Femede Nuirsing Orderly, D. No. 7-48, Mamilladoddi, East Godavari District, Andhra Pradesh - 533434 10. Allumalllu VarahaJababu. S/o All-umalli Chandrsisekar, Aged 41 years, Occ: Male Nursing Orderly D. No. 10-1-33, Cheedila Pora, Ramaraopeta, Kakinada,E.ast Godavari District, Andhra Pradesh - 533004 1 1. Gandreti Pavan Kumar S/o Gandreti Gangaraju, Aged 28 years, Occ: Male Nursing Orderly,' D. No. 3-120/1, Nirmala Convent Street, Indrapalern, 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: Data Entry Operator, D. No. 4-3, Gandepalli Mandal, Hanuman Temple, P. NaysJcampalle, East Godavari District, Andhra Pradesh - 533437 14. Madapalle Syambabu S/o Piter, Aged 45 years, Occ: Male Nursing Orderly^ D. No. 6-130, MeesaJ.achinn£iy:yapeta, Turangi, Kakinada Uirban, East Godavari District, Andhra Pradesh - 533016 15. Pitani Nookaraju, S/o Chandrarao, Aged 42 years, Occ: Male Nursing Orderly, D. No. 5-472, Pithanivaripalem, Kamana Garuvu, Amalapuram Rural, % . \ ■ c East Godavari District, Andhra Pradesh - 533201 16. Bangari Venkata Dhanxinjayarao, C/o Bangarxi Venkanna, Aged 29 years, Ocq: Male Nursing Orderly, D. No. 18-13-7/1, Relli Veedhi, Ra^arq. Peta, Kakinada {Url:)an) Kakinada, East Godavtiri District, Andhra Pradesh - 533001 17. Konlu Sitaram S/o K. Apparao, Aged 49 years, Occ: Male Nursing Orderly, D. No. 18-13-2/B, Relli Veedhi, Ragam Peta, Kakinada Urbaji, East Godavari District, Andhra Pradesh - 533001 18. Undrasula Gangabhavani W/q Bunga Rajasekhar, Aged 39 ;years, Occ: Tailor, D. No. 6-146, Meesala Chinnayya Peta, Near Angarrwadi, Toorangi, Kakinada Rural, East Godavari District, Andhra Pradesh — 533016 19. Chipui-ppalli Rambabu S/o Strry9J^9-0> Aged 35 years, Occ: Male Nursing Orderly, D. No. 20-1-88, Pasilavari Street, Peddapuram, East Godavari District, Andhra Pradesh - 533437 20. Ravalasa Rajasekhar S/o R- Apparao, Aged 37 years, Occ: Male Nursing Orderiy, D. No. 12-6-113, Chinna Veedhi, Samaidakota, East Godavari District, Andhra Pradesh - 532440 21. Venum Veera Venkata Satyanara%/ana S/o Late Satyanaraysina, Aged 44 years, Occ: Male Nursing Orderly, D. No- 11-2-130, Vasthad Veedhi, Pithapuram, East Godavari District, Andhra Pradesh - 533450 22. Nemmadi Divyai D/o Chinnakonda, Aged 23 years, Occ: Female Nursing Orderly, D. No. 10-135/AS, SC Colony, Kotananduru, East Godavari District, Andhra Pradesh - 53G407' 23. Tupakula 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 - 53300 1 24. 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 25. Killi Vinod, S/o killi Ramana, Age:26 ^/-ears, Occ; Male Nursing Orderly Addateegala, Thimmapursim. East Godavari District, .Andhra Pradesh-533428 26. Munukoti Veera Venkata Satya EJurga Prasad, S/o Venkatarao, Age:23 years, Occ: Male Nursing Orderb D. No. 2-91/1. Munukoti Vari Palern Anathavaram, East Godavari District Andhra Pradesh-533222 27. Chikurumelli Yedukondalu S/o Chikurumelli Arjanai-ao Age 50 years, OcC: Male Nursing Orderly, D.No.3-160/1, Injaram East Godavari District, Andhra Fkadesh-533464 28. Vanapalli Lovai'aju S/o Late Vanapalli Suryan.arayana Age:34 years, Occ; Male Nursing Orderly, D.No. 1-117/2, 2'^‘i street Kakinada Rural Swamy Nagar, Ganganapalle East Godavari District, Andhra Pradesh-533006 29. Bangaru Mohan Raju S/o Bangaru Veera Bhadi'arao Age:43 years, Occ: Male Nursing Orderly, D .No 19-3-11/1, Bank Peta Kakinada Urban, East Goclavari District, Andhra Pradesh-533001 30. Batthula Srinivas S/o Batthula Chandravathi Age:34 years, Occ, Male Nursing Orderly, D.No. 1-190, Gopi Vari Veedhi Thondairgi Mandalarn, Pydikonda East Godavari District, Andhra Pradesh-533401 31. Iswarraju Presingi S/o Iswarraju Gurunadh Age;33 years, Occ, Male Nursing Orderly. D. No. 5-7-106, Giria;mpe1 Puduchei-ry -533464 32. Baduganti Veera Venkata. SurA,^anarayana S/o Baduganti Yedukondalu y j Y ancim Age:38 years, Occ: Male Nursing Orderly. D. No 1-190, 3rd. Street, Swatriy Nagar Kakinada Rural, East G-oda-vari District, Andhra Pradesh-533006 33. Jalagadugxila Siva Shankax S/o Jalagadugula Satyanarayana Age:26 years, Occ, Male Nursing orderly, D. No. 22-4-4/3, Prajar Peta, GGH Quarter?, Kakinada Urban, .East Goda.vari District Andhra Pradesh-533001 34. Shaik Asha C/o Shaik Raheem Age:39 Occ,Female Nursing Orderly, D.No 78-3-7B, Syamala, Beside RTC complex, Gandhipuran~3, VTCr. Raj amsiliendravaram, East Godavari District Andhra Pradesh-533103 35- Pidpgu Gangadhararao C/o Satyanarayana Sastry, Age 43 years, Occ: Data Entry Operator, D. No 68-9-60, Bank Colony,, Ashok Nagar, Beside Venkannababu F'unctio3.r Hall, Kakinada Urban Engg College, East Godavsxi District, Andhi'a Pradesh-533003 36. Yedida Nagabhushanarao S/o Pallamraju, Age 31 years, Occ: Data Entry Operator, D. No. 2-160, Peddaveedhi, Gollapaiem, East Godavari District, Andhra Pradesh-533468 37. Masabathula Raju S/o Govayya, Age 48 years, Occ: SSP Plumber, D. No. 16-42-125, Samba.rau.rt.h3^ Nagar - 5^^ Street, Kakinada Urban, Kakinada, East Godavari District, Andhra P:fadesh-533001 38. Tatapudi A.rjunkumari W/o Tatapudi Ramesh, Age 31 years, Occ: Female .Nursing Orderly, D. No 17-10-142/ 121, Swarnandra Colony, Kothapakala, Kakinada Urban East Godavari District, Andhra Pradesh-533001 39. Gawala Jyothi W/o Satyanarayana, Aged 34 year Occ: Female Nursing Orderly, D. No. 1-50-2, .Near Ramalayam, Jonnapalle Amalapuram Mandal, East Godavari District, Andhra Pradesh-533577. 40. Vari'i Appairao S/o Venkata Ramana, Aged 38 years, Occ: Male Nursing Orderlv D. No. 22-4-6/4, GGH Q\.i.art.ers Ram'akrishnaxaopeta, Kaldnada, s, East Godavari District, Andhra Pradesh-533001. 41. Singampalli Govindu, S/o Krishna, Aged 45 years, Occ: Male Nursing Orderly D. No. 18-13-7/4,'Relli V^k■dhi, Ragampeta, Kakinada Lhban, East Godavari District, Andhra P:ra.desh-.533001. 42. Mahammad Hazee S/o Md Salameth Khan, Aged 31 years, Occ: Male Nursing Orderly D. No. 19-3-11, Police Line, Bank Peta, Kakinada Urbeai, East Godavari District, Andhra Pradesh-533001. 43. Singapalle Vasantha Kumari W/o Govindu, Aged 44 years, Occ: Female Nursing Orderly D. No. 18-13-7/4, Rellaveedhi, Raga.mpeta, Kakinada Urban, East Godavari District, Andhra P;radesh-533001. 44. Allam Ramani W/o Ramesh, Aged 40 years, Occ: Data Enti-y Operator D. No. 32-8-3, Lalitha Nagar, Sappidi Vari Savararn, Ra'machandrapuram, East Godavari District, Andhra Pradesh-533255. 45. Dara Ranjeet Singh S/o Venkataramana, Aged 32 years, Occ: Data Entry Operator D. No. 1-101, Daravari Street, Vadrevupalli, East Godavari District, Andhra Pradesh-5.332490. 46. Kakarapalli Chandra Sekhar S/o K. Suryanarayana, Aged 39 years, Occ: Data Entry Operator D. No. 3-17-31^ Gud.ari Gunta, Bised New Life School, Kakinada, East Godavari District, Andhra Pradesh- 533003 47. Bulipe Venkata Ram ana S/o Suryarao, Aged 49 years, Occ: Male Nursing Orderly D. No. 19-4-48, Arnbedkax Street, Bank Peta, Kaldnada LIrban East Godavari District, Andhra P:radesh- 533001. 48. Amalapurapu Sur^/abhaskara Rao S/o Suryanarayana, Aged 62 years, Occ: SSP (Barber) D. No. 52-11-69, Bha.nuva.ri Street, Annamma Ghad Center, Jagannadhapuram, Kakrin.e.da, East Godavari District, Andhra P:radesh- 533002. 49. Pothuri Syarnala Raju S/o Suryanarayana Raju, Aged 32 years. r Occ: Lift Opei'ator D. No. 3-23, Mad.iJ.ni:ii-i Vari Mei'aka, China Kothalanka, East Godavari District, Andhra Pradesh- 533002. ...Petitioners And The State of Andhra E^radesh rep by its Principal Secretary/ to Government Medical Health and Family Welfare Depai'tment, Tullnm, Secretariat Buildings Velagapndi, Krishna District. The Director of Medical Education Government of Andhra Pradesh Am arav athi, H £i num arip e t:. Vij ayawad a., Andhra Pradesh — 520003. The District Collector-cum-Chairperson a:n.d 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 General Hospital Kakinada-533001, East God,avari LOistrict, Andhra Pradesh. 1. 2. 3. 4. ...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 be pleased to issue an appropriate writ more in the nature of Writ of Respondent in granting nd Mandamus declaring the action of the 2 permission through proceedings vide Rc. No. 9000/PI/2021-22, Dated. 19- 11-2021 for recruitment of staff personnel in all teaching hospitals in the State including the posts of the Petitioners, despite knowing fully that the Petitioners salaries are not paid from last ONE year and they are removed unauthorizedly by the 4^'' Respondent, as being arbitrary, illegal and violating Articles 14, 16 and 21 of the Constitution of India and also the principles of natural justice and direct the 2^^^ Respondent not to issue notification pursuant to his proceedings R.C. No. 9000/P1/2021-2 2, dated. 19-11-2021 for the posts which are claimed by the Petitioners and issue. 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 2'"'^ Respondent not to issue notification pursuant to his proceedings R.C. No. 9000/P1/2021-22, dated. 19-11-2021 for the posts which are claimed by the Petitioners, pending disposal of the Writ Petition, pending disposal of the Writ Petition, in the interest of justice. lA NO: 1 OF 2022 BETWEEN : - The State of' Andhra Pradesh, Rep. by its Principal Secretary, Health, Medical and Family Welfare Department,Secretariat, Amaravathi, Guntur Dist 1, The Director of Medical Education, Andhra Pradesh, Old GGH, Krishna Dist 2. Vijayawada and The District Collector-cum-Chairperson Ex-Officio, Executive Director, AP Corporatior for Outsourcing Services (^PCOS) for shortO/o. Collecorate , Kakinada,j3300i. East Godavari District AP The Superintendent, GovernrTtent General Hospital, Kakinada, East Godavari District. 4. ...Petitioners/Respondent No. 1 to 4 in WP. And 1. VanapalliSrinivasa Rao S/o VanapalliHanumantha Rao Age 41 years, Occ; Male Nursing Orderly R/o. 11-61, VenkataRamana Nagar, Indrapalem, Kakinada Rural, East Godavari Di$t. .j W/o. V.TarlapudiRatnakumar , Occ; Female Nursing Orderly Vuradasu Aruna Aged 41 years, D.No.48-2-14, GampalavariStreet, .Jagannaikpur, Kakinada, E.G.Dist, AP 2. TelaganiSairamakrishna S/o.Telagan,Nageswara Flao, Aged 27 years, Occ: Male Nursing Orderly D No 2-58, Main Road, K.Gangavaram, Balanatharam, East Godavari District, AP 3. Dasari Surya Kiran S/o.DasariRamadasu, Nursing Orderly 4. Aged 23 years,Occ; Male D No.2-207/2, Ambedkar Colony, Kovvada, Kakinada Rural, E.G.Dist, AP 5 BungaDayanand S/o. BungaAnandam, Aged 39 years, Occ: Male, Nursing Orderly D.No.3-85, Pinapalle East Godavari Dist Andhra Pradesh East Godavari Dist Andhra Pradesh Nimmakayaia Veera Raghavendra Rap S/o. N.Simhachalam, Aged 27 years Ocq: Male Nursing Orderly D.N0.59-1-X22/2A, Reili Street, Jagannadhapuram East Godavari Dist, 6. AP Manna Jyothi Kiran S/O.M.Srinivas Aged 23 years, Occ: Male Nursing Orderly D.No.2-167, 5VA Street, Swamy Nagar, Ganganapalle, East Godavari District, AP AllumalluDurga Lakshmi W/o. A.RajuBabu Aged 44 years, Occ: Tailor D.N0.G4, Indiramma Colony Satchgtapuram, Kakinada Rural East Godavari Dist,AP VadeySatyavathi W/o.Abbai, Aged so years Occ: Female Nursing Orderly D.No.7-48, Mamilladoddi, East Godavari Dist A.P. . 7. 8. 9. Allumallu Varahalu Babu S/o.Allumall.i Chandra Sekhar Occ: Male Nursing Orderly D.No.10-1-33, CheedilaPora, Ramaraopeta, Kakinada, East Godavari Dist, AP Gandreti Pavan Kumar S/o.Gandreti Ganga raju Aged 28 years Occ: Male Nursing Orderly D.No.3-120/1, Nirmala Convent Street, Indrapalem, Kakinada Rural, E.G.Dist Kaparapu Lova Raju S/o.Chinnaraju, Aged 28 years Occ: Male Nursing Orderly D.No. 1-106, Pathakota Kotananduru, East Godavari Dist Vundavai I i Veera raju S/q. V.Venkatarao, aged 49 years Occ: Data Entry Operator D.No.4-3, Gandepalli Mandal, Hanuman Temple, P.Nayakampalle East Godavari Dist Mada pal leSyam babu S/o.Piter, Aged 45 years Occ: Male Nursing Orderly D.No.6-130, MeesalaChimnnayyapeta, Turangi, Kakinada Urban East Godavari Dist A.P. PitaniNookaraju S/o.Chandra Rao, Aged--42 years Occ: Male Nursing Orderly D.No.5-472, Pithanivaripalem Kamanaguruvu, Amalapuram Rural, East Godavari Dist. 10 11. 12. 13. 14. 15. \ t 16. BangariVenkataDhanunjayarao C/o.BangariVenkanna, Aged 29 years Occ: Male Nursing Orderly D.no. 18-13-7/1, RelliVeedhi Ragampeta, Kakinada Urban East Godavari Dist KouluSitaram S/o.K.Appa Rao, Aged 49 years Occ; Male Nursing Orderly D.N0.18-13-2/B, RelliVeedhi, Ragam Peta, Kakinada Urban, East Godavari District Undrasula Ganga Bhavani W/o.BungaRajasekhar, Aged 39 years Occ: Tailor, D.No.6-146, MeesalaChinnayyapeta, Near Anganwadi Toorangi, Kakinada Rural, East Godavari Dist ChipurupalliRambabu S/o.Surya Rao, Aged 35 years Occ: Male Nursing Orderly D.No.20-1-88, Pasilavari Street, Peddapuram, East Godavari Dist 17. 18. 19. 20. RavalasaRajasekhar S/o.R.Apparao, Aged 37 years Occ: Male Nursing Orderly D.No.12-6-113, Chinnaveedhi, Sarnarlakota, East Godavari Dist Venum Veera VenkataSatyanarayana S/o.LateSatyanarauyana Aged 44 years Occ: Male Nursing Orderly D.No. 11-2-130, VasthadVeedhi, Pithapuram, East Godavari Dist NemmadiDivya D/o. Chinnakonda, Aged 23 years Occ; Female Nursing Orderly D.No.10-135/AS, SC Colony, Katananduru, East Godavari District TupakulaSateesh S/o. T.Narayana, Aged 34 years Occ: Mlale Nursing Orderly D.NO. 18-13-4, Rangampeta, RelliVeedhi, Kakinada Urban, East Godavari District Ravada AshaJyothi D/o.Chiranjeevi, Aged 25 years Occ: Female Nursing Orderly D.No.6-116, Kotananduru Mandal, East Godavari Dist Killi Vinod S/o. KilliRamana, Aged 26 years Occ; Male Nursing Orderly Addatheegala, thimmapuram East Godavari Dist Munukoti Veera Venkata Satya Durga Prasad S/o.Venkata Rao, Aged 23 years Occ: Male nursing Orderly D.No.2-91/1, Munukotivaripalem, Ananthavaram, East Godavari Dist ChikurumelliYedukondalu S/o.ChikurumeliiArjanarao Aged 50 years, Occ: Male Nursing Orderly D.No.3-160/1, Injaram, 21. 22. 23. 24. 25. 26. 27. t East Godavari Dist VanapalliLova Raju S/O.LateVanapalliSuryanarayana Aged 34 years Occ: Male Nursing Orderly p.Np.1-117/2, 2’'^ Street, KakInadaRural Swamynagar, Ganganapalle, East Godavari Dist Bangaru Mohan Raju S/o.BangaruVeerabhadra Rao Aged 43 years, Occ; Male Nursing Orderly D.No.19-3-11/1, Bank petP, Kakinada Urbanrn East Godavari Dist 28. 29. Bathula Srinivas S/o-BathulaChandravathi Aged 34 years Occ; Male Nursing Orderly D.No.1-190, GopivariVeedhi, Thpndangimandalam, Pydikonda East Godavari Dist 30. IswarrajuPresingi S/o.IswarrajuGurunadh Aged 33 years, Occ; Male Nursing Orderly D.No.5-7-106, Giriampeta, Yanam Puducherry-5 3 3464 Baduganti Veera VenkataSatyanarayana S/o.BadugantiYedukondalu Aged 38 years, Occ; Male Nursing Orderly street. 31 32 D.No. 1-190, 3 rd Swamynagar,Kakinada Rural, East Godavari Dist Jalagadugula Siva Shankar S/p.JalagadugulaSatyanarayana Aged 26 years, Occ; Male Nursing Orderly D.No. 22-4-4/3, Prajarpeta, GGh Quarters, Kakinada Urban, East Godavari Dist 33 Shaik Asha S/O-Shaik Raheem Aged 39 years Occ; Female Nursing Orderly D.N0.78-3-7B, Syamala, Beside RTC Complex,Gandhipuram-3, VTC, Rajahmahendravaram PiduguGangadhra Rao C/o.$uryanarayanaSasthry Aged 43 years, Occ; Data Entry Operator, D.No.68-9-60, Bank Colony,Ashoknagar Beside Venkannababu Function Hall, Kakinada Urban, East Godavari Dist Yedida Nagabhushanarao S/O-Pullam Raju Aged 31 years Occ; Data Entry Operator D.No.2-160, PeddaVeedhi, Gollapalem East Godavari Dist Masabathula Raju S/0- Govaiah, Aged 48 years Occ: SSP Plumber D.no. 16-42-125, Sarnbamurthy Nagar, 5 th street, Kakinada'Urban, Kakinada,East Godavari District Tatapudi Arjun Kumari W/o.Tatapudi Ramesh Aged 31 years, Occ; Female Nursing Orderly D.No. 17-10-142/121, Swarnandhra Colony, 34 35 36 37 38 V ( ■ \ Kothapakala, Kakinada urban,E.G.Dist GavvalaJyothi W/o. Satyanarayana, Aged 34 years Occ; Female Nursing Orderly D No 1--50-2, Near Ramalayam, Jonnapalle, Amalapuram Mandal, East Godavari Dist Varri Apparao, S/o. VenkataRamana, Aged 38 years Occ; Male Nursing Orderly D No 22-4-6/4, GGH Quarters,^ . Ramakrishnaraopeca, Kakinada,East Godavan District SingampalliGovindu S/o. Krishna, Aged 45 years Occ: Male Nursing Orderly D.No.lS-13-7/4, RelliVeedhi Ragampeta, Kakinada East Godavari Dist 39 40 41 Mahammad Hazee MdSalameth Khan, Aged 31 years 42 S/o. Occ Male Nursing Orderly D.No.19-3-11, F^olice Line, Bank Peta, Kakinada Urban, East Godavari Dist SingapalleVasanthaKumari W/o.Govindu, Aged 44 years Occ; Female Nursing Orderly D.No. 18-13-7/4, Relliveedhi, Rangampeta, Kakinada Urban, East Godavari Dist 4^ Allam Ramani W/o/Ramesh Aged 40 years Occ; Data Entry Operator D.NO.32-8-3, Lalitha Nagar, SappidivariSavaram, Ramachandra puram East Godavari District Ranjeeth Singh S/o.VenkataRamana 43 Dara Aged 32 years Occ; Data Entry Operator D No ]-l0l, DaravariVeedhi Vadrevupalli, East Godavari District Kakarapalli Chandra Sekhar S/o. K.Suryanarayana Aged 39 years Occ: Data Entry Operator D.No.3-17-31, GudariGunta, Life School, Kakinada 45 46 Besides New East Godavari Dist BulipeVenkataRamana Occ; Male Nursing Orderly D.No.19-4-48, Ambedkar Street, Bankpeta, Kakinada Urban, East Godavari Dist Amalapurapu Surya Bhaskara Rao S/o.Suryana.rayana, Aged 62 years Occ; SSP (Barber) D.No.52-11-69, Bhanuvan Street, AnnammaGhati Centre, Jagannadhapuram Kakinada East Godavari Dist PothuriSyamala Raju S/o.Suryanarayana Occ; KLift Operator D.No.3-28, MadunuriVariMeraka, Chinakothalanka, East Godavari District S/o.Surya Rao, Aged 49 years 47 48 Raju Aged 32 years 49 ...Respondents/Writ Petitioners 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 vacate the interim orders dated 14-12-2021 in W.P.No. 28485 of 2021. Counsel for the Petitioners 1,3,4,6,7,9,11 to 17,19 to 26, 28, 29, 30,32, 33, 36,37,39,40,42, 44 to 49: SRI SRINIVASA RAO NARRA Counsel for the Petltioners2, 5, 8,10,18, 27, 31, 34,35, 38, 41 and 43: SRI T.N.M. RANGA RAO Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: 1 f APHC010472942021 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: 28485/2021 Between: Vanapalii Srinivasa Rao and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1 .SRI VIJAY MATHUKUMILLI 2.T N M RANGA RAO 3.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR SERVICES I '1 The Court made the following: ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Services-I, appearing for the respondents. Challenging the action of the respondents in granting permission 2. through proceedings vide Rc. No.9000/P1/2021-22 dated 19.11.2021 for 2 recruitment of staff personnel i has been filed. in all teaching hospitals, the instant Writ Petition 3. It is stated by the learned raised in the Writ Petition i this Court in W.P.Nos.466 of 2022 requests that the same order counsel for the petitioner that the iissue is squarely covered by the common order passed by & 30238 of 2021, dated 24.01.2025 may be passed in the thus present Writ Petition also. 4. The learned Assistant Government Pleader does not dispute the same. 5. Considering the above submission and for the reasons recorded in terms of the order therein, this Writ Petition is disposed of i W.P.Nos.46a of 2022 & 30238 passed in of 2021, dated 24.01.2025. Office no order as to costs. to enclose a copy of the said order. There shall be As a sequel, interlocutory applications pending if gny, shall stand Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR closed. T. //TRUE COPY// SECTtON OFFICER To, Secretary to Government Medical We fare-Bepartment, State of Andhra Pradesh Buildings Velagapudi, Krishna District Government of Andhra Pradesh 3 TheXfr c Andhra Pradesh - 520003.' • 1 he District Collector-cum-Chairperson and Ex-Officio Executive (APrnP f Corporation for Outsourcing Services DistrictA^lS°PrLeir°"'''°''‘"' ^^^'"^''^-533001, East Godavari 4. The Superintendent, Government General East Godavari District, Andhra Pradesh 5. One CC to Sri Srinivasa Rao Narra, Advocate 6. One CC to Sri T.N.M. Ranga Rao, Advocate 7. Two CCs to GP for Services 8. Two CD Copies Sot2021?'’'' 24 01.2025 in W.P.Nos.466 of 2022 & RAM Health and Family Tulluru, Secretariat Hospital Kakinada-533001, [OPUC] [OPUC] -1, High Court of Andhra Pradesh. [OUT] HIGH COURT DATE0:30/04/2025 ORDER 18 JUN 2025 8> WP.No.28485 of 2021 DISPOSING OF THE WP WITHOUT COSTS 1 *H1GH COURT OF ANDHRA PRADESH :: AMARAVATl +WR1T PETITION No. 466/2022 and 30238 of 2021 +WP No.466/2022 Between: ...PETITIONER(S) #Ganga Ravi Prasad and Others AND ...RESPONDENT(S) $The State Of Andhra Pradesh and Others JUDGMENT PRONOUNCED ON 24.01.2025 THE HON’BLE DR.JUSTICE K. MANMADHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgments? 1. Yes- Whether the copies of judgment may be marked to Law Reporters/Journals 2. Yes - Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? 3. 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: #Ganga Ravi Prasad and Others ...PETITIONER(S) AND $The State Of Andhra Pradesh and Others ...RESPONDENT{S) ! Counsel for the Petitioner : Mr. Narra Srinivasa Rao ! Counsel for Respondents: GP for Services-IV <Gist; >Head Note: ? Cases referred: 1. http://lndiankanoon.ore/doc/1591733 3 APHG010002752022 !N 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 ...RESPONDENT(S) Counsel for the Petitloner(S): 1.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: COMMON ORDER : As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order. 4 2. Since the facts in all the writ petitions are similar and identical, therefore WP No.466 of 2022 is taken as lead case, and the facts therein hereinafter will be referred to for convenience. 3. The facts of the case are that all the Petitioners are working in various capacities on the outsourcing basis in the Government General Hospital, Kurnool City. Kurnool District. The Petitioners have been working as Electricians, Lift Operators, barbers. Plumbers. Carpenters, Male Nursing Orderly and Female Nursing Orderly and Front Desk Managers in the Government General Hospital, Kurnool City, Kurnool District initially from the month of October 2018 for a period of 3 years through the agency of Nakshatra House Keeping Services vide Agreement dated 30.07.2018. The Government of Andhra Pradesh issued G.O.Ms.No. 136 dated 04.11.2019 incorporating the Andhra Pradesh Corporation for Outsourced Services (APCOS) with an intention to streamline the appointments who have been working under various modes like outsourcing, contract and daily wages and to create transparent, accountable and sustainable outsourcing ecosystem in the State. It is stated that, duly recognizing the services of the Petitioners by the Respondents, in the month of July 2020, the Petitioners who were working in the Government General Hospital, Kurnool through the agency were merged into the said Corporation vide Placement Intimation Letter PL No. PIL- DC-KNL-003672- 230420210504 dated 23.04.2021. Thereafter, surprisingly, the 5^^ respondent vide Proceedings in Rc. No. SPL/18 dated 30.10.2021 terminated the Petitioners from the services, which is invalid under law as the 5 Housekeeping Services has agency Nakshatra no role in employment of the Petitioners, as such, the Proceedings issued by the 5^*^ Respondent has no legal sanctity. Questioning the same, the present writ petition came to be filed. 4. The counter affidavits are filed in both the matters, for convenience. the averments in counter in W.P.No.466 of 2022 are stated as under: 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 facHity 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 all 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 agency from the Dr. YSR Aarogyasri - HDS Funds of the Concerned Institutes (In this case GGH, KurnOol) only. In respect of petitioners, who were appointed through agency purely on temporary basis and their salaries paid from Arogyasri funds. Further they were continued up to the tenure /agreement with the Nakshtra 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 guidelines the service weightage has also been accorded to the persons appointed on temporary through outsourcing agencies including the petitioners. It is further stated that though the appointment orders of the petitioners were issued by the outsource agencies i.e., Nakshtra Housekeeping 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 previous 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 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 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 Indian Constitution. Meanwhile, in some districts of the State more particularly in Ananthapuram and SPSR Nellore Districts, the employees v,/ho were appointed initially through an agency to work in the Government General Hospitals and later merged into the APCOS Corporation are still working in the respective Government General Hospitals effectively and the remunerations are also being paid to them on time without any delay. But in the case of the petitioners, they were paid their salaries very belatedly and they were being illegally terminated. Heard Sri Narra Srinivasa Rao, learned counsel appearing for the petitioners and learned Government Pleader for Services-IV appearing for the respondents. 7. 8. On hearing, learned counsel while reiterating the averments made in the petitions, submits that, the Petitioners who have been discharging their duties were paid salaries regularly on time through the respective agency. The Nakshatra House Keeping Services agency paid salaries to the Petitioners from the month of November 2018 to June 2020. Later due to merging into the said Corporation, the Respondent authorities did not pay the monthly salaries with all benefits to the Petitioners from the month of July 2020. He further submits that, some of the Petitioners who are aged above 50 years and some of them are physically handicapped have been discharging their duties in the Government General Hospital, Kurnool under the Andhra Pradesh Corporation for Outsourced Services (APCOS) since 2018 without any 9 interruption. But the Respondent authority issued the impugned Proceedings vide Rc. No. SPL/18 dated 30.10.2021 informing to Naksliatra 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- SUOMISC/31/2019- SU-I dated 20.11.2019 the petitioners are under the employment of APCOS but not into the private agency Nakshatra Housekeeping Services. The petitioners who rendered their services efficiently even during the Covid-19 pandemic by risking their lives to serve the needy people and Covid patients but the respondent authorities without even considering the efficient and effective services of the petitioners terminated the petitioners from their respective posts without paying the monthly salaries. Therefore the action of the respondent authorities in not recognizing the services of all the petitioners is highly illegal and arbitrary. He further submits that as per decision of Hon’ble Supreme Court reported in Secretary, State of Karnataka and others vs. Umadevi and others\ the petitioners are also entitled for regularization. Therefore, learned counsel for the petitioners requests this court to issue a direction to the respondent authority to continue the petitioners in the same position and pass appropriate orders. 9. Per contra, learned Government Pleader appearing for the respondents while reiterating the averments made in the counter affidavit http://Indiankano.on.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. He further submits that the 5^^ 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 11 reservation in ttie recruitment process and should follow the conditions 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 there is no direct employer and employee relationship between the respondent office and the petitioners, outsourcing agency to meet daily work at Hospital. They were engaged through They were not appointed/recruited I any sanctioned posts or recruited by following the recruitment procedures. Only after the introduction of the APCOS, the posts were sanctioned by the Government and the Government itself acted as recruiting agency 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. 10. On a perusal of the material on record, this Court observed that, the Government has issued G.O.Ms.No.136 dated 04.11.2019 incorporating the Andhra Pradesh Corporation for Outsourced Services (APCOS) with intention to stream line the appointments who have been working under various modes like outsourcing, contract and daily wages and to create transparent, accountable and sustainable outsourcing ecosystem in the State. Further, it is observed that, the petitioners who were working in the Government General Hospital, Kurnool through their Agency were merged an 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) Implementation of 50% reservation for BC, SC, ST and Minorities and 50% reservation for Women iv) Timely & Full Payment of Remuneration without undue cuts and (v) Proper credit of EPF and ESI. Clause 2 - Deals with guidelines for engage Outsourced Manpower: any 2.1 For the purposes of engaging the outsourced employees who 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 are 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 * While migrating the employees, proof of account number, EPF & ESI account shall be salary slip along with bank collected. 12. On a plain reading of the above Circular, in the present case, by virtue of above guidelines dated 20.11.2019 the petitioners have been migrated to the 5^*^ respondent hospital since the petitioners were working outsourced employees. And after merging into the APCOS the petitioners were being paid salaries by the Corporation by way of transfer directly into their accounts from the month of July 2020. So, in view of the above, since the petitioners were merged into the said Corporation from the month of July 2020 the respondent authorities terminated the services of the petitioners pretext of cease of contract period is highly illegal and arbitrary. Therefore, this Court is inclined to dispose of the writ petition while directing the respondent authorities to continue the petitioners in the same position without discharging their employment. With regard to regularization of services of the petitioners, as stated by learned counsel for the petitioners that in view of the directions of Umadevi’s case, it is not applicable to the present facts of the as on case. 13. Accordingly, both the Writ Petitions are disposed of setting aside the impugned proceedings vide Rc.No.SPL/18 dated 30.10.2021 issued by the respondent authority. Further, the respondent authorities are directed to continue the services of the petitioners in the Andhra Pradesh Corporation for Outsourced Services (APCOS) in the same position from the date of 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