Low Income Families ... vs The Government Of Andhra Pradesh,
2023 Latest Caselaw 3887 Tel

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
                   AT HYDERABAD
        MONDAY, THE SEVENTH DAY OF FEBRUARY
              TWO THOUSAND AND ELEVEN

                            :PRESENT:
    THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
                       WP .NO:1843 of 2011
Between:
Low Income Families Encouragement (LIFE), Rep., by its President
Smt. Adi Sirisha Rani W/o. Pradeep Kumar Reddy, R/o. H/d-52, Main
Hospital Area, Nurses Quarters, Kothagudem, Khammam District,
Presently Resident of D.No. 61, Madhuranagar, Presently Resident
of D.No. 61, Madhuranagar,.

                                                          ..... Petitioner
                                 AND

1 The Government of Andhra Pradesh, Rep. by its Principal
Secretary, Health,
   Medical and Family Welfare (J2) Department, Secretariat,
Hyderabad
2 The Government of Andhra Pradesh, Rep. by its Principal
Secretary,
   Finance Department, Secretariat, Hyderaabad
3 The Director of Health, Sultanbazar, Koti, Hyderaabad
4 The District Collector, Khammam District, Khammam
5 The District Medical and Health Officer, Khammam District,
Khammam

                                                       .....Respondents

                Petition under Article 226 of the Constitution of India,
praying that in the circumstances stated in the petition and the
affidavit filed herein, the High Court may be pleased to issue a writ,
order or direction more in the nature of mandamus declaring the
action of the Respondent State Authorities in not filling up the 68
vacant posts of Multipurpose Health Assistants (Male) available in
the Tribal areas of Bhadrachalam Sub Plan Area of Khammam
District and 16 posts in high risk areas in spite of the orders passed
by the Honorable Supreme Court of India in I.A. No. 101 in Civil
Appeal No. 4428 of 2006 dt. 30.7.2007 on the face of heavy deaths of
local scheduled tribes in the Agency Areas due to Epidemics as
illegal, arbitrary and in violation of Article 14, 16 and 21 of the
Constitution of India and consequently declare that the posts which
are vacant as provided under the official communication dt. 13.4.2010
by the Director of Health are to be filled up with qualified local
scheduled Tribes as per the judgment of the Honorable Supreme
Court in WP.No. 15107 of 2002 dt. 11.9.2003 i.e. 10th class
qualification forthwith
               The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein and upon hearing the arguments
of Sri P.V. Ramana, Advocate for the Petitioner and of the G.P. for
Medical and Health, for the Respondents No.1 , 3 and 5, and of the
G.P. for Families Welfare, for the Respondent No.4, and of the G.P.
for Finance for the Respondent No.2, the Court made the following.

ORDER:

"On the previous occasion when this matter appeared on 2nd February 2011, I requested the learned Government Pleader for Medical & Health to take up the matter with the Government with a view to impress upon the Government to come up with a policy measure for providing basic healthcare facilities in remote and inaccessible tribal areas in the State, where, on constant basis, basic healthcare facilities are found in adequate to effectively tackle varieties of deceases, including, Malaria, Gastroenteritis, etcetera.

After holding a conference with the officers concerned, the Government has come up with a suggestion to put in place a structured system, where, barefoot doctors would be put in place by training the locally available talent to whom the surveillance, reporting and assisting duties can be safely entrusted. The learned Government Pleader also assures the Court that the suggestion to rotate the employees after completion of three months of stint in these areas, once in every two years, so that the well-known malady of absenteeism by the healthcare professionals can be effectively dealt with, will also be explored in the mean time.

It is needless to overemphasize the significance of providing basic healthcare requisites to the remote and inaccessible tribal areas, inasmuch as most of the habitats comprise of large numbers of illiterate and poverty-stricken segments of the society. The learned Government Pleader seeks four weeks time for reporting the further developments in the matter.

Though I am not interested in pursuing a particular docket, but nonetheless, in view of the significant element of public interest involved in this matter, I consider it appropriate to direct the Registry to treat this matter as "Part Heard" and post it after four weeks."

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 ThePrincipal Secretary, Health, Medical and Family Welfare (J2) Department, Government of Andhra Pradesh, Secretariat, Hyderabad 2 The Principal Secretary, Finance Department, Government of Andhra Pradesh, Secretariat, Hyderaabad 3 The Director of Health, Sultanbazar, Koti, Hyderaabad 4 The District Collector, Khammam District, Khammam 5 The District Medical and Health Officer, Khammam District, Khammam

6. Two CCs to G.P. for Medical & Health, High Court of A.P., Hyderabad (OUT)

7. Two CCs to G.P. for Families Welfare, High Court of A.P., Hyderabad (OUT)

8. Two CCs to G.P.for Finance, High Court of A.P., Hyderabad (OUT)

9. One CC to Sri P.V. Ramana, Advocate (OPUC)

10. one Spare Copy Ab

HIGH COURT

AB DRAFTED ON 8-2-2011 NRRJ

DATE; 7-2-2011

NOTE: POST AFTER FOUR WEEKS ORDER

WP.NO.1843 OF 2011