B. Kristappa Madiga, v. The State of Andhra Pradesh,
WP/4751/2025 · 2025-08-19
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8265 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8265 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
s. APHC010086472025 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: 4751 OF 2025 Between: B. Kristappa Madiga,, S/o Anjanappa Madiga, aged 50 years D.No.28/1-731, Buddappa Nagar, Ananthapuram R/o ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its PrI. Secretary to the Govt., Health, Medical and Family Welfare Department, Velagapudi, Secretariat Buildings, Amaravati, Guntur District. 2. The Director General of Medical Education, Old GGH premises, Hanumanpet, Vijayawada. 3. The District Collector, Anantapuram District. 4. The Principal, Govt. Medical College, Ananthapuram District. 5. The Andhra Pradesh Corporation for Out Sourcing Services, Rep. by its Managing Director, 2nd floor, RTC Bus stand Complex, Vijayawada, Andhra Pradesh. ...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 a writ, order, direction more particularly in the nature of writ of mandamus declaring the action of the Respondents No.3 to 5 in not
' continuing the petitioner in service as per his qualification by withdrawing the services is as arbitrary, illegal and in violation of Articles 14 and 21 of the Constitution of India and also colourable exercise of power and to issue a the Respondents No.3 to 5 to continue the suitable sanctioned post as per the his consequential direction to petitioner in service in any qualifications with the attendant benefits 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 Respondents No.3 to 5 to consider the case of the petitioner for appointment in a suitable post as per his qualification in the existing sanctioned posts forthwith.
Counsel for the Petitioner: SRI A RAJENDRA BABU Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES IV Counsel for the Respondent No.5: SRI K BHEEMA RAO The Court made the following order:
r ' APHC010086472025 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: 4751/2025 Between: B. Kristappa Madiga, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.ARAJENDRA BABU Counsel for the Respondent(S):
1.GP FOR SERVICES IV 2.KBHEEMA RAO The Court made the following:
2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.4751 of 2025
ORDER: The present Writ Petition is filed questioning the action of Respondent Nos. 3 to 5 in not continuing the Petitioner in service as per his qualification by withdrawing the services as illegal and arbitrary. The Petitioner was appointed as Stenographer/Typist on
2. contract basis by the Ananthapur medical College and Hospital Contract Welfare Society, Ananthapur, on 26.06.2007 and posted in Government Medical College/General Hospital, Ananthapur. Thereafter, the Certificates of the Contract Employees working in Government Medical College/General Hospital, Ananthapuram were verified by the Committee and a report was submitted on 17.05.2011 stating that out of 226 employees, 154 employees are having requisite qualification and 72 employees are not having proper certificates and requisite qualifications. The Petitioner’s name was figured in the list of ineligible 72 employees. Consequently, the Respondent No.1 issued a Memo NO.3656/A2/2012, dated 16.11.2012 stating that the services of the Petitioner would not be continued beyond
31.03.2013.
3 Consequent thereto, the Respondent No.3/District Collector issued endorsement to the Letter issued by the Respondent No.4/Principal, Government Medical College, for withdrawing the services of the ineligible candidates including the Petitioner. Consequent thereto, the Petitioner services were surrendered. Thereafter, the Respondent No.2 sent a proposal to the
3. Respondent No.1 to fill up 38 posts of Technical and Non- Technical for better services in the Hospitals/Colleges. Though the Petitioner gave a representation to the Respondent Authorities to consider his case for continuation, at least an outsourcing sourcing person, as he has an intermediate. Type (Higher) and postgraduate diploma in Computer Application. However, the representation of the Petitioner was not being considered. Hence, the present Writ Petition. In the Counter Affidavit filed by the Respondents, it is
4. stated that the State had incorporated a company for providing outsourcing services i.e., Andhra Pradesh Corporation for Outsources Services (APCOS) under Section 8 of the Companies Act as a Non profit organization. It is further stated that presently all the outsourcing employment in the State is being provided by
4 the said Company. As regard the termination of the Petitioner from the employment, it is submitted that the APCOS has no role in the same.
5. Considering that the Petitioner has worked in the Government Medical College/General Hospital and qualifications of Intermediate, Type ( Higher) and a Postgraduate Diploma in Computer Application, the Respondent Authorities
directed to consider the case of the Petitioner for appointment outsourcing basis through APCOS in an appropriate suitable has are on an post.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to the Govt., Health, Medical and Family Welfare Department, Velagapudi, Secretariat Buildings, Amaravati, Guntur District.
2. The Director General of Medical Education, Old GGH premises, Hanumanpet, Vijayawada.
3. The District Collector, Anantapuram District.
4. The Principal, Govt. Medical College, Ananthapuram District.
5. The Managing Director, Andhra Pradesh Corporation for Out Sourcing Services, 2nd floor, RTC Bus stand Complex, Vijayawada, Andhra Pradesh.
6. One CC to Sri. A Rajendra Babu Advocate [OPUC]
7. Two CCs to GP For Services IV High Court of Andhra Pradesh [OUT]
8. One CC to Sri. K Bheema Rao Advocate [OPUC]
9. Two CD Copies. AL
'X \/~ p \ HIGH COURT \ DATED:20/08/2025
ORDER WP NO. 4751 OF 2025 I s DISPOSING OF THE W.P. WITHOUT COSTS