Dokala Ramayyamma vs The State Of Andhra Pradesh
2022 Latest Caselaw 3345 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            MAIN CASE No: W.P.No.18991 OF 2022

                       PROCEEDING SHEET

SL.     DATE                               ORDER                                OFFICE
NO.                                                                              NOTE
01.   04.07.2022 KVL, J


                        Issue notice before admission.
                        Learned           Government          Pleader     for
                 Services-IV takes notice for Respondent No.1.

Learned Standing Counsel for A.P. Vaidya Vidhana Parishad, takes notice for Respondent Nos.2 to 4.

The Writ Petition is filed questioning the proceedings, dated 30.06.2022 of the 4th respondent terminating the services of the petitioners as arbitrary and illegal.

The case of the petitioners is that all the petitioners used to work in Maharajah's Institute of Medical Sciences (MIMS General Hospital) as Staff Nurses for more than 10 years; in the month of June, 2020, 2nd respondent issued Notification for recruitment of Staff Nurses on contract basis; petitioners were selected pursuant to the said Notification dated 12.08.2020 and they joined in various Community Health Centres; on 27.10.2020, the 4th respondent issued proceedings terminating the services of the petitioners on the ground that weightage marks were given to the petitioners, mistakenly and if the said marks are removed, the petitioners are not eligible; the said weightage marks for government services experience is not stated in the Notification; aggrieved by the same, petitioners filed W.P.No.20356 of 2020 and the same was allowed by this Court on 02.08.2021; pursuant to the orders in the Writ SL. DATE ORDER OFFICE NO. NOTE Petition, 4th respondent reinstated the petitioners into service; on 01.07.2022, the petitioners were served with the impugned orders dated 30.06.2022 terminating their services with effect from 06.07.2022 without there being any complaint against them; the termination order once again raised the issue of "weightage marks for government service"; the said issue was already settled in W.P.No.20356 of 2020; contracts of all other Staff Nurses who were appointed along with the petitioners in August, 2020, have been extended for a further period of one year; only petitioners were victimised and the contract employees cannot be replaced by other contract employees. Hence, the Writ Petition.

Petitioners herein previously filed W.P.No.23056 of 2020 questioning the termination of their services on the ground that they do not have the experience in a government hospital and that they did not fulfil the qualification criteria to give weightage marks. The Notification does not speak about the same. Notification does not specify the experience certificate in a government hospital. As the said criteria is not mentioned in the said Notification, now they cannot ask for the same and the rules cannot be changed after the Notification is issued. Hence, the Writ Petition was allowed and the respondents were directed to take the petitioners into service pursuant to the appointment orders dated 12.08.2020.

In the impugned proceedings dated 30.06.2022 again states that the service weightage marks were given erroneously to the SL. DATE ORDER OFFICE NO. NOTE petitioners. As seen from the Judgment, dated 02.08.20221 in W.P.No.20356 of 2020, the said issue was already decided. The impugned order shows that the contract period is over insofar as the petitioners are concerned. Learned counsel for the petitioners submits that the contract period of similarly situated persons was extended for one more year.

                     In   view   of    the    above   facts    and
             circumstances,      instead      of   replacing   the

petitioners with other contract employees, the respondents are directed to continue the petitioners on contract basis for one more year.

List the matter on 29.08.2022.

________ KVL, J

(Issue cc tomorrow) B/O Ks