Dokala Ramayamma vs The State Of Ap
2023 Latest Caselaw 4660 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: W.P.No.25148 of 2023

                                PROCEEDING SHEET

Sl.No    DATE                                                                OFFICE
                                          ORDER

NOTE 04.10.2023 NV, J `

Heard the learned counsel for the petitioners

and the learned Government Pleader for the

respondents.

The Writ Petition is filed questioning the

action of the 4th respondent in refusing to extend

the existing contract of the petitioners.

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, the 2nd respondent issued Notification

for recruitment of Staff Nurses on contract basis.

The 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 Petition, the 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. Aggrieved by the same, the

petitioners filed Writ Petition No.18991 of 2022.

After considering the previous orders passed in Writ

Petition No.20356 of 2020, this Court passed interim

order in W.P.No.18991 of 2022 dated 04.07.2022, directing the respondents to continue the

petitioners in service for one more year. In view of

the interim orders dated 04.07.2022 passed by this

Court, the respondents extended the contract of

the petitioners from 06.10.2022 to 06.10.2023. The

contracts of all the other 181 nurses who were

appointed along with the petitioners was extended

for one more year i.e., from April, 2023 to March,

2024. But the respondents refused to extend the

contract of the petitioners. 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 fulfill 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 petitioners. As

seen from the Judgment, dated 02.08.2022 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,

the respondents are directed to continue the

petitioners on contract basis for one more year, on

par with the other staff nurses appointed under the

same notification.

For filing counter, list the matter after

three(3) weeks.

________ NV, J Note:

C.C. by 05.10.2023 B/o.

TPS