Andhra Pradesh High Court - Amravati
Arava Shobha Rani, Chittoor Dist 41 ... vs Director, Sv Instt Of Medical Sciences ... on 15 June, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos.25148 of 2014, 29112, 32662 of 2017
and 42779 of 2018
COMMON ORDER :
As the issue involved in these writ petitions is one and the same, these matters are taken up together for disposal by this Common Order.
2. The facts in these writ petitions are similar and identical, therefore W.P.No.25148 of 2014 is taken as lead case, and the facts therein are referred to for convenience.
3. The facts of the cases in nutshell are that all the petitioners were appointed in July & August 2009 as Staff Nurses, on temporary basis in the existing sanctioned vacancies, based on the panel prepared on the strength of recommendations of Selection Committee, and sanctioned regular scale of pay and placed all the petitioners under probation for a period of two years. The 1st respondent, vide letter in Lr.No.C2/02/ASN/SVIMS/09, dated 23.05.2013 intimated the Government that the petitioners were appointed on regular basis by the then Director, SVIMS and they acquired satisfactory service etc. and requested the Government to issue appropriate orders in the matter. Thereafter, the 2nd respondent vide letter in Lr.No.15197/C2/2013, dated 23.07.2014 informed to the 1st respondent that proposals cannot be accepted. Questioning the validity of Government letter dated 23.07.2014, the 2 petitioners filed W.P.25148 of 2014 before this Court and this Court vide order dated 28.08.2014 in WPMP No.31723 of 2014 granted interim stay of impugned order dated 23.7.2014 of the 2nd respondent until further orders.
It is further stated that this Court vide interim order dated 30.08.2017 in WPMP No.36234 of 2017 and vide interim order dated 04.10.2017 in WP MP No.40621 of 2017, directed the 1st respondent to consider the case of the petitioners for payment of salary as per revised pay scale of 2015. However, the 1st respondent has not taken any action. Aggrieved by the same, the petitioners filed W.P.No.42779 of 2018 before this Court which is pending consideration. Hence, the writ petitions are filed.
4. The counter affidavit is filed by the 1st respondent denying all the averments made in the petitions and contended that the respondent Institution in its letter dated 16.02.2011 addressed to the Government had clearly mentioned about the temporary appointment of the petitioners with all details of the petitioners. The issue regarding remaining 26 staff nurses (out of 83 Staff Nurses), who were selected by paper notification, interview by the Selection Committee and by following rules of reservation etc., was brought to the notice of the Government with a view to consider their case also and not with any other ulterior motive as alleged by the petitioners. Further in view of the audit objections, the issue was placed before the Executive board on 24.5.2011 and nothing was suppressed as alleged by the petitioners. It is further stated that there is nothing 3 misleading done by the respondent Institute as alleged by the petitioners. As the reply was not forthcoming from the 2nd respondent, a letter dated 16.6.2011 was addressed requesting them to advise further in the matter. Subsequently, letters dated 28.04.2012 and 16.11.2012 were also addressed, but no advise has forth come from the 2nd respondent. It is also stated that the allegation of the petitioners that on the advice of the respondent Institution, some of the petitioners approached the Government is totally false, and they might have approached themselves. It is further stated that the respondent Institution has been writing only the same points to the Government in all its letters there is nothing suppressing or misleading in its letters addressed to the Government. Finally, it is stated that the respondent Institution has not threatened the petitions basing on the letter dated 20.01.2014 from the 2nd respondent and the petitioners are being continued basing on the interim orders of this Court dated 17.02.2014.
5. During pendency of the above writ petitions, the petitioners have filed I.A.No.1 of 2021 in W.P.No.25148 of 2014 seeking to grant interim directions directing the 1st respondent to place forthwith before the Executive Board of 1st respondent, for ratification of appointments of the petitioners made to the posts of Staff Nurses, without insisting disposal fo the writ petitions filed by the petitioners.
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6. Heard Mr. V. Venugopal Rao, Mr. G.V.L. Murthy, the learned counsels appearing for the petitioners; Mrs. Marella Radha, learned Standing Counsel appearing for the 1st respondent and learned Government Pleader for Medical, Health and Family Welfare appearing for the 2nd respondent.
7. On hearing the matters and the submissions made by both the learned counsels, it is to be noted that as per proceedings of the 2nd respondent vide Letter No.972579/E1/2019, dated 07.10.2020, wherein it was held as follows:
"the Director-cum-VC, S.V. Institute of Medical Sciences, Tirupati, has finally requested ;the Government to advise whether to place the subject before the Executive Board of SVIMS for ratification of appointing the 42 Staff Nurses who were recruited by following the prescribed procedure of recruitment i.e., by issuing paper notification for existing vacancies, by duly following the ROR, by conducting interview by the Selection Committee and initially appointed on adhoc basis from 2004 to 2008 and later appointed on scale of pay from 2009, since their appointment, the Staff Nurses have been rendering good service without any remarks and further SVIMS being an autonomous body the Executive Board is competent to ratify the appointments and further the financial commitment is from SVIMS only.
Government after careful examination of the report and keeping in view of earlier action of the Director-cum-VC, SVIMS, Tirupati in respect of 31 Staff Nurses regularized during 1997, here by advised to place the matter before Executive Board of SVIMS for taking a decision for ratification of appointment of 42 Staff Nurses as was done earlier in respect of 31 Staff Nurses appointed on adhoc basis, subject to outcome of pending WPs pending in the High Court of Andhra Pradesh or other courts."5
8. It is further submitted that the petitioners in the other writ petitions are situated in similar and identical facts to consider their case with the proceedings dated 07.10.2020 issued by the 2nd respondent.
9. Considering the submissions made by both the learned counsels and on perusing the proceedings dated 07.10.2020, issued by the 2nd respondent, this Court is of the opinion that, without touching the merits of the cases, directing the 1st respondent to place forthwith before the Executive Board of the 1st respondent, for ratification of appointments of the petitioners made to the posts of Staff Nurses in terms of Govt. Letter No.972579/E-I/2019, dated 7.10.2020 and further the 1st respondent is directed to consider the case of the petitioners and pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order.
10. Accordingly, all the Writ Petitions are disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : -06-2022
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HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos.25148 of 2014, 29112, 32662 of 2017 and 42779 of 2018 Date : .06.2022 7 Gvl