Andhra Pradesh Government ... vs The State Of Ap
2023 Latest Caselaw 1423 AP

     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
            MAIN CASE No. W. P. No.6256 of 2023

                     PROCEEDING SHEET

Sl. DATE                                  ORDER                            OFFICE
No.                                                                         NOTE
1.  15.03.2022   DR, J

                         The writ petition is filed declaring the action
                 of the respondents in not inviting the petitioners

herein for the meetings being conducted by the respondents or by the Government of Andhra Pradesh with the Recognized Employees Association even though the 1st petitioner is a permanent member in A.P. Civil Service Joint Staff Council (State Level), though it is a registered and recognised association under APCS (ROSA) Rules 2001 as illegal and arbitrary.

The petitioner-association is registered in the year 2019 and subsequently based on the application made by the petitioner- association, the Government considered and recognized the association through G.O.Ms.No.103, G.A.(SW) Department, dated 16.08.2019; subsequently, the 2nd petitioner was also elected as a permanent member in the A.P. Joint Staff Council.

While that being so, with regard to certain issues when the State has not considered their request, the petitioner association has made further representation to his highness of Hon'ble

Governor of Andhra Pradesh on 19.01.2023. Consequent to the said action, the respondents have issued notice to the petitioners for de- recognition of the association; Questioning the same, the petitioners have approached this court and filed Writ Petition No.1968 of 2023.

After considering the elaborate arguments and also various judgments of Apex Court as well as the High Courts, said notice was suspended vide orders dated 15.02.2023.

Though the notice issued by the respondents was interdicted by this court in the above writ petition, the respondents not inclined to invite the petitioners to participate in the meeting convened by the Group of Ministers on 07.03.2023, along with Principal Secretary to Government, Finance (HR), Advisors to the Government, Chief Secretary to the Government, Officials of the Government and the representatives of the Government Employees Service Associations participated; accordingly the minutes of the meeting was recorded.

Learned senior counsel, Sri.Y.V. Ravi Prasad appearing on behalf of the petitioners submitted that said action of the State/respondents is contrary to the A.P. Civil Services Joint Staff Council Rules, 2001. Not only that, the same is deliberate violation of the orders passed by this

Court in W.P.No.1968 of 2023. In the above said orders, this court considered the entire issue and passed an elaborate order, but without considering the observations made by this Court in the said order, the respondents are not inclined to invite the petitioners to the meeting, which is nothing but colourable exercise.

Learned senior counsel further submitted that as per the minutes recorded on 07.03.2023, according to the concluding para of the said remarks, the Chief Secretary has stated that he will convene the meetings with the Service Associations, to discuss all the issues relating to the Employees Health Scheme and also payment of PRC, on 16.03.2023.

Learned senior counsel further submitted that in view of the above said minutes, it is clear that the respondents scheduled to convene a meeting on 16.03.2023 to discuss about the Employees Health Scheme as one of the subjects.

In fact the petitioner's Association is a member of a Committee constituted for management and for the implementation of the Employees Health Scheme vide G.O.M.No.1179 dated 21.07.2020 and the 2nd petitioner is being a member of the said Committee, has every right to participate in the said meeting. Hence, the petitioner made a request on 10.03.2023 itself;

despite receipt of said request, the respondents have not notified the petitioner-association to participate in the meeting which is scheduled to be held on 16.03.2023.

Learned Government Pleader appearing on behalf of the respondents has raised objections with regard to the maintainability of the writ petition based on the prayer made in the writ petition, as the prayer itself is about not inviting the petitioners to the meeting, hence, invitation cannot be sought as a matter of right.

Learned Government Pleader further submitted that the meeting held on 07.03.2023 is not an official meeting, it is neither Joint Council Meeting nor Screening Committee meeting. It is conducted based on the request made by certain associations and only to discuss their association issues. It is just an informal meeting. Hence, the question of informing all the associations including the petitioners would not arise. In fact, there are several associations with regard to the employees in the State recognized by the State of Andhra Pradesh, but only two associations have participated in the meeting. Hence, the question of discriminating would also not arise in this case.

Considering the submissions made by learned senior counsel and also on perusal of the orders passed by this Court in the earlier Writ Petition

No.1968 of 2023, as well as perusing the minutes of the meeting dated 07.03.2023, no doubt the respondents convened the meeting on 07.03.2023 with two associations is not based on any representation made by associations. On perusal of the opening sentence of the minutes of the Meeting, it clearly shows that the meeting was held by the Principal Secretary to Government, Finance (HR) by welcoming the Ministers and Advisors to the Government, Chief Secretary and other officials of the Government. It indicates that the said meeting was convened not on the request of any association but convened by the respondents themselves. Also, on perusal of the concluding paragraph of the minutes, it clearly discloses that said meeting is adjourned to 16.03.2023 to discuss about the Employees Health Scheme as one of the Core Subject;

In the said circumstances, as the Petitioner- Association is also member of the EHS Management Committee and also the Steering Committee elected vide G.O. Rt.No.1062, dated 21.06.2021, there shall be direction to the respondents to consider the request made by the petitioners on 10.03.2023 forthwith and permit the petitioners to participate in the meeting scheduled to be held on 16.03.2023 or any other date, if it is not held on that date.

Learned Government Pleader is directed to inform the same to the concerned authorities.

Post after four (04) weeks.

________ DR, J Note:

Issue C.C. today.

B/o.

Pnr