Andhra Pradesh High Court - Amravati
G. Venkata Ramudu vs State Of Andhra Pradesh on 11 September, 2020
Author: M.Venkata Ramana
Bench: M.Venkata Ramana
[3164 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA IA No. 1 OF 2020 IN WP NO: 10424 OF 2020 Between: G. Venkata Ramudu, S/o G. Ramana, Aged about 44 years, R/o 28-6-879, Hamali Colony, Anantapuramu, Andhra Pradesh ...Petitioner(s) (Petitioner in WP 10424 OF 2020 on the file of High Court) AND 4. State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department Secretariat Buildings, Velagapudi, Amaravathi The Director of Medical Education, Andhra Pradesh, Vijayawada The District Collector, Anantapuram District, Anantapuramu. The Principal, Govt. Medical College Anantapuramu Pon ...Respondent(s) (Respondents in-do-) Counsel for the Petitioner: SRILA-.RAJENDRA BABU Counsel for the Respondents: GP FOR SERVICES III Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to allow the petitioner to join into duty as peon and to continue him in service as per the order of appointment, dated 31-01-2019 forthwith, pending disposal of WP No. 10424 of 2020, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER:
Heard Sri A. Rajendra Babu, learned counsel for the petitioner, and learned AGP representing Government Pleader for Services-lll. It is an unfortunate case where the petitioner lost his job on account of the shift of District Training Centre from Ananthapuramu to Srikalahasti in Chittoor District, where he was working as a watchman on a consolidated salary of Rs.1,500/- per month. The 3 respondent District Collector requested the ain respondent Principal, Government Medical College, Ananthapuramu to provide an opportunity in employment to the petitioner on outsourcing basis, by his letter dated 09.05.2018. Necessary steps were also taken and ultimately the 4in respondent directed an outsourcing agency viz., Kamadhenu Outsourcing Private Limited and the said agency also agreed to employ him on outsourcing basis in Government Medical College, Ananthapuramu. The letter of the 4'" respondent addressed to the above agency is a part of record now filed by the petitioner and response of the above agency by its letter dated 31.01.2019 to it. However, according to the petitioner, he was not permitted to join in Government Medical College, Ananthapuramu by the 4°" respondent and many representations were given by the petitioner in this respect. The reason apparently made known to the petitioner for failure of the 4" respondent to accept the services of the petitioner is want of financial concurrence from the Government.
Referring to these circumstances, the learned counsel for the petitioner brought to the notice of this Court the pathetic situation of the petitioner. The learned ADP representing Government Pleader for Services-lll requests time to get instructions and at the same time wants the petitioner to file a representation before 3 and 4" respondents to accommodate him in service. The material available at this stage on a prima facie consideration makes out that the 4" respondent had taken his own time and failed to respond to the cause of the petitioner. It is beyond comprehension as to how the question of financial concurrence from the Government comes into play in this matter, particularly when the Contractor viz., the outsourcing agency had agreed to provide services of the petitioner for the purpose of the 4" respondent. Unless the above contracting agency was in a position to accommodate the services of the petitioner, as a part of its contractual terms and man power to be supplied to the Government Medical College, Ananthapuramu, it would have not accepted to offer services of the petitioner to the qin respondent. The correspondence would not have gone into to such extent including addressing a letter to the 4° respondent by the contractor in this respect.
Therefore, in the above circumstances, as rightly requested on behalf of the petitioner, the 4h respondent Principal, Government Medical College, Ananthapuramu is directed to permit the petitioner to offer his services in Government Medical College, Ananthapuramu as a Peon or for any other similar/suitable purpose subject to payment of all wages in the nature of remuneration in terms of the services provided by the Contracting Agency- Kamadhenu Outsourcing Private Limited to the petitioner forthwith. Ordered accordingly. s A SD/- G. SRINIVASA REDBY , IITRUE COPYI/ To, S Foo neon . The Principal Secretary, Medical and Health Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi The Director of Medical Education, Andhra Pradesh, Vijayawada The District Collector, Anantapuram District, Anantapuramu. The Principal, Govt. Medical College Anantapuramu (1 to 4 By RPAD) One CC to Sri.A.Rajendra Babu Advocate [OPUC] Two CCs to GP FOR SERVICES Ill, High Court Of Andhra Pradesh. [OUT] One spare copy HIGH COURT MVRJ DATED:11/09/2020 NOTE: LIST AFTER EIGHT (08) WEEKS ORDER .A.NO.1 OF 2020 IN WP.No.10424 of 2020 DIRECTION