M.R.Ch.Kishore Rao Vs State of Andhra Pradesh

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APHC010133802018

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5935 OF 2018

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Between:

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M.R.CH.Kishore Rao, S/o Suryanarayana Aged about 36 years, Occ- Lab Technician Chintapalli, R/o Door No. 56-39-5, Thootaveedhi, Gollakancharapalem, Visakhapatnam -530 008 Visakhapatnam ...Petitioner AND 1. The State Of Andhra Pradesh, The State of Andhra Pradesh Rep by Principal Secretary, Health, Medical and Family Welfare Department, A.P Secretariat, Hyderabad- 500 001 Hyd

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The Project Director, A.P State Aids Control Society, Director of Medical and Health Service Campus, Sultan Bazar, Hyderabad -500 029

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The Joint Director Basic Services Department, A.P State Aids Control Society, Sultan Bazar, Hyderabad -500 029

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...Respondents

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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, Direction or Order more particularly one in the nature of Writ of Mandamus to declare the action of Respondents No. 2 and 3 not extending the Financial Benefit to the applicant i.e., contractual staff who has

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extending the Financial Benefit to the applicant i.e.,^{contractualstaffwhohas} executed 5 and above consecutive annual service contract in the same position, may be granted an amount equal to 3 current annual raise as provided under office order dt. 13-02-2014 issued by Government of India, Ministry of Health and Family Welfare, Department of Aids Control, on par with other Collogue Employees is bad illegal, arbitrary, irrational, and clear violation of Art. 14, 16 and 21 of the Indian Constitution and Consequently direct the Respondent No. 2 and 3 to extend the above said Financial Benefits provided under above referred office orders to the Petitioner.

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lA NO: 1 OF 2018

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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 plea.sed to direct the Respondent No. 2 and 3 to considered the Representation dt. 0609-2017 to avail Financial benefits provided under office orders dt. 19-02-2014 to the Petitioner, pending disposal of the above Writ Petition. Counsel for the Petitioner: T D PANI KUMAR Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH FW (TG) Counsel for the Respondent Nos.2 & 3: M VENKATA RAMANA REDDY The Court made the following order:

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APHC010133802018

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396] (Special Original Jurisdiction)

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TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 5935/2018

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Between;

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TM.R.CH.KISHORE RAO, M.R.CH. KISHORE RAO S/0 SURYANARAYANA AGED ABOUT 36 YEARS, OCCLAB TECHNICIAN CHINTAPALLI, R/0 DOOR NO. 56-39-5, THOOTAVEEDHI, GOLLAKANCHARAPALEM, VISAKHAPATNAM - 530 008 VISAKHAPATNAM

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...PETITIONER

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AND

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1.STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH REP BY PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P SECRETARIAT, HYDERABAD- 500 001 HYD

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2.THE PROJECT DIRECTOR, A.P STATE AIDS CONTROL SOCIETY, DIRECTOR OF MEDICAL AND HEALTH SERVICE CAMPUS, SULTAN BAZAR, HYDERABAD -500 029

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3.THE JOINT DIRECTOR BASIC SERVICES DEPARTMENT, A.P -

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STATE AIDS CONTROL SOCIETY, SULTAN BAZAR, HYDERABAD 500 029

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...RESPONDENT(S):

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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

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pleased to issue Writ, Direction or Order more particularly^{oneinthenatureof} Writ of Mandamus to declare the action of Respondents^No,2and 3 not extending the Financial Benefit to the applicant i.e., contractual staff who has executed 5 and above consecutive annual service contract in the same position, may be granted an amount equal to 3 current annual raise as provided under office order dt. 13-02-2014 issued by Government of India, Ministry of Health and Family Welfare, Department of Aids Control, on par with other Collogue Employees is bad illegal, arbitrary, irrational, and clear violation of Art. 14, 16 and 21 of the Indian Constitution and Consequently direct the Respondent No. 2 and 3 to extend the above said Financial Benefits provided under above referred office orders to the Petitioner and pass such other order or orders.

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lA NO: 1 OF 2018

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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 No. 2 and 3 to consider the Representation^dt.06-09- 2017 to avail Financial benefits provided under office orders dt. 19-02-2014 to the Petitioner, pending disposal of the above Writ Petition, and pass such other order or orders.

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Counsel for the Petitioner:

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1.T D PANI KUMAR

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Counsel for the Respondent(S):

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1.M VENKATA RAMANA REDDY

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2.GP FOR MEDICAL HEALTH FW (TG)

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The Court made the following:

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ORDER:

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Heard Sri T.D.Phani Kumar, learned counsel for the petitioner.

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Learned counsel for the petitioner would submit that the petitioner worked as a Lab Technician at Aids Control Society on contract basis in the

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year 2006. He continued as such till 01.04.2011 i.e. the date of his termination. He was terminated from service without assigning any grounds, However, the services of the petitioner restored on 20.11.2011. By that time, he used to get salary at the rate of Rs.9,980/-. Learned counsel would further submit that in the year 2013, the Government of India revised the salary of the contract employees, who have been working for a continuous period of five years on contract basis. They may get three increments at the rate of Rs. 1,250/- per each increment. The petitioner is entitled to get that increment from October, 2013. It was denied to the petitioner on the ground that it is a fresh appointment. Learned counsel would further submit^{thatincrements} were given to the petitioner from 2018 onwards with^{effectfrom2016.} But he is deprived of the increments from the date of his entitlement i.e. October, 2013.

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Learned Assistant Government Pleader for Services-I vehemently opposed and would submit that because of misconduct, the petitioner services were terminated by conducting enquiry. In enquiry, the allegations are proved. However, on humanitarian grounds, in the month of November, the petitioner is reinstated into service. It is a fresh appointment. So, the question of continuous service of five years does not arise. So, the petitioner is not entitled for increments as prayed for. Learned Assistant^{GovernmentPleader} would further submit that the petitioner is receiving the revised pay along with the increments as fixed by the Government of India. Arrears are also paid to

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the petitioner in the year 2018 itself. There are no^{meritsinthepetition.} Learned Assistant Government Pleader prays for dismissal^{of thepetition.} 4. Considering the submissions made and a fair look at^the material placed on record, as rightly put by learned Assistant^{GovernmentPleader,the} petitioner was termination from service on some allegations. Enquiry held and the allegations are proved in the said enquiry. However,^{hewasreinstated} into service. A cursory look at the order passed by respondent authorities while reinstating the petitioner into service, the^{individualhasbeenrelocated} to Katuri Medical College, Guntur in the existing vacancy. The order dated 30.12.2011 is also clear to the effect that he is not entitled for any salary from April, 2011 to till the date of his joining in Katuri^{MedicalCollege,Guntur.The} language employed in the said letter, it is clear to the effect that the respondent authorities treated the petitioner as their employee. So, they made it clear that he cannot claim salary for the period,^{forwhichhecouldnot} work in the institution. Except that, there is no reference^{intheorderdated} 30.12.2011 to the effect that it is a fresh appointment. Such being the case. there is some force in the contention of the petitioner that the petitioner is entitled for the increments having completed continuous service of five years. 5. In that view, the Writ Petition is allowed, directing the respondents to examine the case of the petitioner treating that his services in the respondent’s institution as continuous service on contract^{basisandre-fixthe} pay on par with his colleagues and extend the financial^{benefitasprovidedby}

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the Government of India vide orders dated 13.02.2014. The respondents are directed to complete this exercise within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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//TRUE COPY//

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qn/. H NAGAW1W4A ASSiSWiTREGlSTRAR

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SECTION OFFICER

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To

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