APHC010074232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 3873 OF 2Q2fi Between: 1. Chidithoti Venkateswara Rao, S/o.China Subbarayudu, Aged about years, Occ: Working as Mastri in Ongole Municipal Corporation, R/o.Gaddal Guntapalam, Ongole, Prakasam District. 2. Yanamadala Anil Chand, S/o.Dayanandan, Aged about 43 Working as Mastri in Ongole Municipal Corporation, R/o.D.No.1-1-19 Madidipalem, Near Ambedkhar Statue, Ongole Prakasam District. 50 years, Occ 3. Paladugu Vijay Kumar, S/o.Prabhakar Rao, aged 42 years, Occ Working as Mastri in Ongole Municipal Corporation R/o.D.No. 1-2-29/4 Mamidipalem Near Vinayaka Statue Flouring, Kondamitta, Ongole, Prakasam District. 4. Kuttuboyina Ajay Deva Simha, S/o.Hanumanthu Rao, Aged about 23 Occ Working as Mastri in Ongole Municipal Corporation Ankamma Palem Opp Municipal Office, Ongole, Prakasam District. 5. Chinthalapudi Anil Kumar, S/o.Srinivasulu, Aged about Working as Mastri in Ongole Municipal Corporation, Ankampalem, Opp Municipal Office, Ongole, Prakasam District. 6. Kandula Adinarayana, S/o.Kandula Venkatarao, Aged about 48 Working as Mastri in Ongole Municipal Corporation Church,Gaddalagunta, Ongole, Prakasam District. years, R/o.D.No.36-1-12/1, 24 years, Occ R/o.D.No.36-1-90/1, years, Occ R/o.D.No.2-2-93, Near 7. Kollam Prasanth, S/o.Nagendram, aged about 26 years, Occ: Working as Mastri in Ongole Municipal Corporation, R/o.D.No. 1-2-27/51 College Down, Mamidipalem, Ongole, Prakasam District. 8. Chidithoti Ajay Babu, S/o.Krishna Rao, Aged about 40 years, Occ Working as Mastri in Ongole Municipal Corporation, R/o.D.No.2-2-22, Gaddalagunta, Ongole, Prakasam District. 9. Inamupudi Vijay Vardhan, S/o.Krupa Rao, aged about 40 Working as Mastri in Ongole Municipal Corporation, R/o.D.No.1-2-19/5 BesideAmbedkarStatue, Mamidipalem, Ongole, Prakasam District. CSR Sarma years, Occ ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Velagapudi, Amaravathi, Guntur District. 2. The A P Corporation for Outsourced Services APCOS, (A Government of Andhra Pradesh undertaking) 2"'^ Floor, Near Administrative Block Station, Vijayawada, Krishna District. Rep. by its Managing Director. 3. The Ongole Municipal Corporation, Rep. by its Commissioner, Prakasam District. PN Bus Ongole ...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 Writ, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not allowing the petitioners to discharge their duties as sanitary mastries since September, 2024 without there being any notice of termination as contemplated under the 20.11.2019 government Memo No.GAD01-SUOMISC/31/2019-SU-l dated issued by the 1st respondent and also not paying the salary to the petitioner from October, 2024 is as illegal, arbitrary, and unconstitutional and consequently direct the 3'^'^ respondent to allow the petitioners to discharge their duties as sanitary mastries in the S'"* respondent corporation and to arrears of salary by treating the period between September, 2024 to till date as continuity of service. lA NO: 1 OF 2025 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 3 respondent to allow the petitioners to discharge their duties sanitary mastries by paying monthly salaries continuously pending disposal of the Writ petition before this Hon’ble Court. pay as Counsel for the Petitioners: SRI S LAKSHMINARAYANA REDDY Counsel for the Respondents 1 & 2: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.3: SRI A S C BOSE SC FOR MUNICIPALITIES The Court made the following order: APHC010074232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 3873/2025 Between: 1.CHIDITHOTI VENKATESWARA RAO, S/O.CHINA SUBBARAYUDU, AGED ABOUT 50 YEARS, OCC: WORKING AS MASTRI IN ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT. R/O.GADDAL GUNTAPALAM, 2.YANAMADALA ANIL CHAND,, S/O.DAYANANDAN, AGED ABOUT 43 YEARS, OCC WORKING AS MASTRI IN ONGOLE MUNICIPAL CORPORATION R/O.D.NO.1-1-19, MADIDIPALEM, NEAR AMBEDKHAR STATUE, ONGOLE PRAKASAM DISTRICT. 3.PALADUGU VIJAY KUMAR,, S/O.PRABHAKAR RAO, AGED 42 YEARS, OCC: WORKING AS MASTRI IN ONGOLE MUNICIPAL CORPORATION R/O.D.NO. 1-2-29/4, MAMIDIPALEM, NEAR VINAYAKA STATUE FLOURING, KONDAMITTA, ONGOLE, PRAKASAM DISTRICT. 4.KUTTUBOYINA AJAY DEVA SIMHA,, S/O.HANUMANTHU RAO, AGED ABOUT 23 YEARS, OCC WORKING AS MASTRI IN ONGOLE MUNICIPAL CORPORATION ANKAMMA PALEM OPP: PRAKASAM DISTRICT. R/O.D.NO.36-1-12/1, MUNICIPAL OFFICE, ONGOLE, 5.CHINTHALAPUD1 ANIL KUMAR,, S/O.SRINIVASULU, AGED ABOUT 24 YEARS, OCC WORKING AS MASTRI IN ONGOLE MUNICIPAL CORPORATION, R/O.D.NO.36-1-90/1, ANKAMPALEM, OPP MUNICIPAL OFFICE, ONGOLE, PRAKASAM DISTRICT. 2 6.KANDULA ADINARAYANA,, S/O.KANDULA VENKATARAO, AGED ABOUT 48 YEARS, OCC WORKING AS MASTRl IN ONGOLE MUNICIPAL CHURCH,GADDALAGUNTA, ONGOLE, PRAKASAM DISTRICT. CORPORATION R/O.D.NO.2-2-93 NEAR 7.KOLLAM PRASANTH, S/O.NAGENDRAM, AGED ABOUT 26 YEARS, OCC: WORKING AS MASTRl IN ONGOLE MUNICIPAL CORPORATION, R/O.D.NO. 1-2-27/51, CSR SARMA COLLEGE DOWN, MAMIDIPALEM, ONGOLE, PRAKASAM DISTRICT. 8.CHIDITHOTI AJAY BABU„ S/O.KRISHNA RAO, AGED ABOUT 40 YEARS, OCC WORKING AS MASTRl IN ONGOLE MUNICIPAL CORPORATION, R/O.D.NO.2-2-22, (3ADDALAGUNTA, ONGOLE, PRAKASAM DISTRICT. 9.INAMUPUDI VIJAY VARDHAN, S/O.KRUPA RAO, AGED ABOUT 40 YEARS, OCC WORKING AS MASTRl IN ONGOLE MUNICIPAL CORPORATION, R/O.D.NO. 1-2-19/5, BESIDEAMBEDKARSTATUE, MAMIDIPALEM, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE A P CORPORATION FOR OUTSOURCED SERVICES APCOS, (A GOVERNMENT OF ANDHRA PRADESH UNDERTAKING) 2ND FLOOR, NEAR ADMINISTRATIVE BLOCK, PN BUS STATION, VIJAYAWADA, KRISHNA DISTRICT; REP. BY ITS MANAGING DIRECTOR. 3.THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): 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 Writ, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not allowing the petitioners to discharge their duties as THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.3873 of 2025 ORDER: The present Writ Petition is filed questioning the action of Respondent No.3 in not allowing the Petitioners to discharge their duties Sanitary Mastries’ since September, 2024 without issuing any orders of termination as contemplated under the Government Memo N0.GADOI- SUOMISC/31/2019-SU-I, dated 20.11.2019 issued by Respondent N0.I and also not paying the salary from October, 2024, as illegal and arbitrary. 1. as The facts leading to filing of the present Writ Petition are as 2. follows; The Petitioners were appointed on outsourcing basis by Respondent No.3-Corporation in the year 2010 and have been continuing as such. While so, in the year 2019, Respondent N0.I had issued dated18.10.2019 according approval to constitute APCOS (Andhra Pradesh in the year 2019, the outsourced through APCOS. G.O.Ms.No.136, agency for outsourcing manpower as Corporation for Outsourced Services). While so of the Petitioners were The Petitioners continued in the same job till September, 2024 services Thereafter, the Petitioners were being terminated from attending their directed to work as ‘Sanitary duties as ‘Sanitary Mastries’ but were Sweepers’ in Respondent No.3-Corporation. Aggrieved by the same, the present Writ Petition is filed. The learned counsel for the Petitioners submits that the Petitioners have been appointed as Sanitary Mastries and could not be made to work Sweepers/Public Health Workers. The learned counsel for the Petitioner refers to the identity card issued by Respondent No.3, wherein the designation of the Petitioners was shovyn as Sanitary Mastries. 3. as The learned Standing Counsel passed on the signed instructions of Respondent No.3 dated 14.02.2025, wherein it is stated that the Petitioners were never prevented to attend their duties but were only informed to attend their original duties of PH worker and the salaries will be paid as per the attendance submitted by Sanitary Inspectors. It is further stated that as the Petitioners are not attending their normal duties, the salaries were not paid for the period they were absent. 4. The learned Standing Counsel for Respondent No.3 would submit that the Petitioners were engaged as Sweepers/Public Health Workers and that no Mastries were appointed through APCOS. It is stated that at the time of migration of workers to APCOS also they are registered as PH workers in the Register. 5. V L. . f 3 The learned Standing Counsel would further submitted that Respondent No.3 never prevented the Petitioners from attending the duties but only informed tfiem to attend their original duties as Sweepers/Public Health Workers. As regards non-payment of salary, the learned Standing Counsel would submit that the Petitioners would be paid salaries as per the attendance submitted by Sanitary Inspectors and since the Petitioners are not attending, the salaries were not paid. 6. The learned Standing Counsel refers to the pay slips issued to the Petitioners in the month of August, 2024 filed along with the Writ Petition, wherein the designation of the Petitioners was shows as Sweepers/Public Health Workers and therefore it is not correct to contend that the 1- Petitioners were appointed as ‘Sanitary Mastries’. 7. Heard the respective counsel. 8. The claim of the Petitioners that they were appointed as 'Sanitary Mastries’ is not substantiated by any appointment order. Further plea of the Petitioners that they are not being permitted to work is misplaced in view of the written instructions. 9. In the signed instructions of Respondent No.3, it is stated that there is no objection for the Petitioners attending to sanitation work for »• which they have been appointed and salaries will be paid for the attended period. The relevant portion of the instructions is extracted below; 10. 4 “This office has no objection to attend them to sanitation work for which they are appointed. No one restricted them to their normal duties. Salaries also will be paid for the attended period. ” In view of the above, the Writ Petition is disposed of with the following directions; 11. (i) Respondents are directed to permit the Petitioners to attend the job of Sweepers/Public Health Workers and consequently pay salary for the duties attended; (ii) No order as to costs. 12. As a sequel, pending applications, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 ■ The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The Managing Director, A.P.Corporation APCOS, (A Government of Andhra Pradesh Near Administrative Block, for Outsourced Services Floor, PN Bus Station, Vijayawada, Krishna nd undertaking) 2 District. 3. The Commissioner, Ongoie Municipai Corporation, Ongoie, Prakasam District 4. One CC to Sri S Lakshminarayana Reddy, Advocate [ ‘ 5. One CC to Sri A S C Bose, SC for Municipalities [OPUC] 6. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh [OUT] 7. Two CD Copies [OPUC] & Urban Development RAM 4 HIGH COURT DATED:20/08/2025 ORDER WP.NO. 3873 OF 2025 I 17 SEP 2025 i ^ \a. Current secnon ity DISPOSING OF THE WP WITHOUT COSTS