Burlu.Srinivasulu vs The State Of Andhra Pradesh.
2021 Latest Caselaw 5502 AP

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          THE HON'BLE SRI JUSTICE NINALA JAYASURYA

  WRIT PETITION NOs.17665, 6778, 18635, 19001, 19275, 19365, 19398,
 19782, 19783, 19791, 20070, 20104, 20154, 20300, 20383, 20463, 20497,
 20646, 20734, 20884, 20977, 21250, 21536, 21643, 21923, 22238, 22428,
 22885, 22964, 23105, 23125, 23212, 23703, 24011, 24024, 24483, 24643,
 24700, 25231, 25373, 25668, 25751, 26162, 26183, 26426, 26436, 27496,
                  27515, 27562, 27621 and 30099 of 2021


COMMON ORDER:


      Heard learned counsels for the petitioners and the learned

Government Pleader for Services-IV representing the respondents.

The petitioners in the present batch of Writ Petitions are selected

for the posts of Multi Purpose Health Assistants (Male) (here-in-after

referred to as "MPHAs (Male)") in Guntur District and their grievance is

common. Therefore, it is deemed expedient to dispose of the matters by

this Common Order.

On 20.07.2002, the then Government of Andhra Pradesh issued a

notification for recruitment of 2324 MPHAs (Male) in all the Districts in the

erstwhile State of Andhra Pradesh along with some other paramedical

posts. As per the said notification, the prescribed qualification is a pass in

S.S.C with a certificate in training course in MPHA (Male) from an

institution recognized by the then Government of Andhra Pradesh.

With reference to the said notification, some of the candidates

invoked the remedies available by approaching the erstwhile Andhra

Pradesh Administrative Tribunal, Hyderabad, but the O.As filed by them

were dismissed. Aggrieved by the same, a batch of Writ Petitions vide

W.P.No.15107 of 2002 etc., were filed. A Division Bench of the erstwhile

High Court of Andhra Pradesh at Hyderabad by an order dated 11.09.2003

disposed of the matters, with a direction to the Government to prepare

the select list of candidates in accordance with the rules, who possessed

S.S.C and Diploma Certificates either from Government institutions or four

private institutions and issue appointment orders, within a period of four

weeks, duly terminating the services of those candidates, who were

appointed by virtue of the interim orders passed by the High Court. The

said order was carried in appeal to the Hon'ble Supreme Court, wherein by

an interim order, dated 06.02.2004 in S.L.P(C) No.1925-44/2004, the

Hon'ble Supreme Court was pleased to issue directions not to make any

fresh appointments in pursuance of the judgment of the High Court in

W.P.No.15107 of 2002 and that the appointments which have already

been made shall not be disturbed.

As there is an acute need to fill up the posts of MPHAs (Male), the

Government of Andhra Pradesh filed an interlocutory application in the

batch of S.L.Ps mentioned supra. The Hon'ble Supreme Court by an order,

dated 07.08.2006 was pleased to vacate the orders granting stay and

permitted the State Government to fill up the vacancies from the selected

candidates, subject to the outcome of Special Leave Petitions. The Hon'ble

Supreme Court also recorded the statement made by the learned

Additional Solicitor General that the candidates who were already

appointed shall not be reverted.

Pursuant to the orders of the Hon'ble Supreme Court, dated

07.08.2006, Government issued G.O.Rt.No.1234, dated 15.09.2006 for

filling up of the posts of MPHAs (Male). Though the Government is

permitted to fill up the posts from the merit list of 2002 written

examination, it did not fill up the posts from the merit list and made

appointments, as per its whims and fancies.

The S.L.Ps preferred by the Government of Andhra Pradesh were

dismissed by the Hon'ble Supreme Court of India by judgment dated

09.08.2011 and thus the orders passed by the Division Bench, dated

11.09.2003 in W.P.No.15107 of 2002 and batch were confirmed.

In view of the orders of dismissal by the Hon'ble Supreme Court of India,

the persons who were appointed in terms of G.O.Rt.No.1234, dated

15.09.2006 as also by virtue of the interim orders passed by the erstwhile

High Court of Andhra Pradesh, Hyderabad based on Intermediate as

educational qualification were terminated as per Government Orders in

G.O.Rt.No.273, dated 16.02.2012. A fresh list was drawn as per the orders

in W.P.No.15107 of 2002. The candidates whose services were terminated

by virtue of G.O.Rt.No.273, dated 16.02.2012 made representations to the

Government of Andhra Pradesh, which in turn, appointed a group of

Ministers to take action on the said representations. On the advice of

group of Ministers, the Government of Andhra Pradesh issued

G.O.Rt.No.1207, dated 09.10.2013 to take back all the

1200 MPHAs (Male).

Aggrieved by the said action of the Government in issuing

G.O.Rt.No.1207, dated 09.10.20213, some of the candidates filed

O.A.No.7441/2013 etc., before the erstwhile Andhra Pradesh

Administrative Tribunal seeking suspension of the G.O.Rt.No.1207, dated

09.10.2013. By an order dated 28.11.2013, the Hon'ble Andhra Pradesh

Administrative Tribunal Hyderabad dismissed O.A.No.7441/2013 and

batch, against which, the petitioners therein filed W.P.No.38060 of 2013

etc., before the erstwhile High Court of Andhra Pradesh, Hyderabad.

The Hon'ble High Court was pleased to grant stay of appointments

made pursuant to G.O.Rt.No.1207, dated 09.10.2013. Seeking to vacate

the said interim orders, the respondents therein filed a vacate stay petition

vide W.P.M.P.No.1015/2014. After hearing the parties concerned, the

Hon'ble High Court was pleased to issue directions dated 15.09.2015 to

the respondent authorities therein to make efforts to implement the

judgment of High Court, dated 09.11.2003 in W.P.No.15107 of 2002 and

batch. The relevant portion of the order reads as follows:-

"In these set of circumstances, as the ends of justice would be met with adequately, we direct both the States, namely, the State of Andhra Pradesh and the State of Telangana, to offer appointments as Multi Purpose Health Assistants (Male) to the respective candidates in each District under their respective administrative control, who secured more marks than any of those candidates to whom the appointment on contract basis has been offered pursuant to the recommendations made by the group of Ministers which was accepted by the State Government through their G.O.Rt.No.1207 and such candidates shall also be offered and be subjected to the same terms and conditions and if they accept the same they can be taken into service. Let this exercise in the respective Districts be completed within a maximum period of two months.

With this modification, the W.V.M.P.S. Stand ordered."

Pursuant to the above referred orders, the Government of Andhra

Pradesh issued Memo No.7342/G2/2015-08, dated 24.05.2016, the

relevant portion of which reads as follows:-

"The attention of the Director of Public Health & Family Welfare, A.P. Hyderabad is invited to the references cited and the Government after careful examination of the request in the reference 3rd cited hereby direct the Director of Public Health & Family Welfare A.P.,

Hyderabad to take necessary action as per the orders of Hon'ble High Court, dated 15.09.2015 in W.P.No.38060 of 2013, 3178/2014 & 2504/2015 to appoint the candidates who are remained in the Common Seniority List (SSC & Inter) prepared as per the orders of High Court/Apex Court after filling up of the 2324 posts of MPHA(M) and having merit over the individuals appointed through G.O.Rt.No.1207, HM&FW Dept., dated 09.10.2013 at first instance by terminating the individuals if necessary, those appointed in G.O.Ms.No.1207, dated 09.10.2013 and having lesser merit among the individuals who appointed so and thereafter, keeping in view of the observation of the Hon'ble High Court, take action to accommodate such terminated individuals as per their merit subject to availability of vacancies of MPHA(M) with the prior permission of Government only after completion of the above task."

Against the background of above stated undisputed position, the

Writ Petitioners are seeking the following relief:-

"... to issue a Writ Order particularly in the nature of Writ of Mandamus or any other appropriate writ order or direction directing the respondents to strictly adhere to the orders of the Hon'ble High Court dated 15.09.2015 in W.P.No.38060 of 2013 and also Memo issued by the Government of Andhra Pradesh vide Memo No.7342/G2/2015-8 dated 24.05.2016 and appoint the applicants as Multi Purpose Health Assistants (Male) and pass such other order or orders as deem fit in the circumstances of the case."

The learned counsel for the petitioners submits that the petitioners

are entitled for appointment and they are waiting for the orders of the

respondents. They categorically state that as averred in the writ petition,

the candidates who obtained more marks are not appointed and the

candidates who secured lesser marks are appointed contrary to the

Government Memos. They submit that though the petitioners secured

more marks, the respondents are trying to fill up the vacancies with

candidates less meritorious than the petitioners keeping them aside and

that if the vacancies are filled up, the petitioners would be put to

irreparable loss, serious prejudice and deprived of their legitimate claim

for employment. They further contend that in the light of the orders

passed by the Division Bench in W.P.No.38060 of 2013, dated 15.09.2015

and the Memo, dated 24.05.2016 issued by the Government, the

petitioners are entitled for appointment as MPHAs (Male). While placing

reliance on the orders passed by this Court in W.P.No.17518 of 2019,

dated 11.02.2020 etc., the respective counsels for the petitioners would

urge that these matters may be allowed with appropriate directions to the

respondents.

The learned Government Pleader for Services-IV on the other hand

submits that there is no dispute with regard to the orders referred to by

the learned counsels for the petitioners and the issuance of Memo by the

Government. On instructions, the learned Government Pleader further

submits that the respondents have undertaken the exercise of complying

with the orders of the erstwhile Common High Court at Hyderabad and

since number of posts were notified in respect of number of districts and

number of cases/writ petitions were filed, there is some delay in the

process and in completing the whole exercise. He also submits that in

respect of some of the Writ Petitioners appointment orders have already

been issued and on scrutiny of the certificates, appointment orders to the

eligible candidates would be issued soon.

Learned Government Pleader however submits that some of the

candidates have not submitted requisite certificates/documents and some

of the certificates produced by the applicants/writ petitioners are not from

the recognized institutions and in some cases they were not renewed. He

also submits that the concerned authorities after scrutiny of the

certificates would notify the concerned candidates/Writ Petitioners and

grant some time, in the event, on verification, if any discrepancies in the

documents are found, so as to enable them to comply with the objections.

Making the said submissions, the learned Government Pleader urges that

appropriate directions/orders be issued.

Considering the submissions made by both respective counsels,

keeping in view the undisputed factual and legal position referred to

supra, and also the Memo, dated 24.05.2016, this Court is inclined to

dispose of the Writ Petitions with the following directions:-

i) The respondents shall consider cases of the Writ Petitioners for appointment as MPHAs within a period of four (04) weeks from the date of receipt of copy of this order, in terms of Memo No.7342/G2/2015-8, dated 24.05.2016 based on their merit, if any candidate less meritorious than the Writ Petitioners are appointed;

ii) If any of the Writ Petitioners have not submitted the relevant certificates/documents they should be called upon to submit the same by granting reasonable time of not less than four (04) weeks;

iii) In the event of any genuine objection for considering the case of any of the Writ Petitioners, they shall be notified the same by issuing appropriate notice/communication and afforded an opportunity before taking further action in the matter.

There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand

closed.

___________________________ JUSTICE NINALA JAYASURYA Date: 27-12-2021 IS

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NOs.17665, 6778, 18635, 19001, 19275, 19365, 19398, 19782, 19783, 19791, 20070, 20104, 20154, 20300, 20383, 20463, 20497, 20646, 20734, 20884, 20977, 21250, 21536, 21643, 21923, 22238, 22428, 22885, 22964, 23105, 23125, 23212, 23703, 24011, 24024, 24483, 24643, 24700, 25231, 25373, 25668, 25751, 26162, 26183, 26426, 26436, 27496, 27515, 27562, 27621 and 30099 of 2021

Date: 27-12-2021

IS