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2025 DIGILAW 139 (AP)

Ganga Ravi Prasad v. State of Andhra Pradesh

2025-01-24

K.MANMADHA RAO

body2025
ORDER : K. MANMADHA RAO, J. As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order. 2. Since the facts in all the writ petitions are similar and identical, therefore WP No.466 of 2022 is taken as lead case, and the facts therein hereinafter will be referred to for convenience. 3. The facts of the case are that all the Petitioners are working in various capacities on the outsourcing basis in the Government General Hospital, Kurnool City. Kurnool District. The Petitioners have been working as Electricians, Lift Operators, barbers. Plumbers. Carpenters, Male Nursing Orderly and Female Nursing Orderly and Front Desk Managers in the Government General Hospital, Kurnool City, Kurnool District initially from the month of October 2018 for a period of 3 years through the agency of Nakshatra House Keeping Services vide Agreement dated 30.07.2018. The Government of Andhra Pradesh issued G.O.Ms.No. 136 dated 04.11.2019 incorporating the Andhra Pradesh Corporation for Outsourced Services (APCOS) with an intention to streamline the appointments who have been working under various modes like outsourcing, contract and daily wages and to create transparent, accountable and sustainable outsourcing ecosystem in the State. It is stated that, duly recognizing the services of the Petitioners by the Respondents, in the month of July 2020, the Petitioners who were working in the Government General Hospital, Kurnool through the agency were merged into the said Corporation vide Placement Intimation Letter PL No. PIL- DC-KNL-003672- 230420210504 dated 23.04.2021. Thereafter, surprisingly, the 5 th respondent vide Proceedings in Rc. No. SPL/18 dated 30.10.2021 terminated the Petitioners from the services, which is invalid under law as the Housekeeping Services has agency Nakshatra no role in employment of the Petitioners, as such, the Proceedings issued by the 5 th Respondent has no legal sanctity. Questioning the same, the present writ petition came to be filed. 4. The counter affidavits are filed in both the matters, for convenience, the averments in counter in W.P.No.466 of 2022 are stated as under: 5. In the counter affidavit filed by 5 th respondent in WP No.466 of 2022, wherein, while denying the allegations made in the petition, inter alia, stated that, for implementation facility management systems under G.O.Ms.No.123 HM&FW(1.1) Dept. The counter affidavits are filed in both the matters, for convenience, the averments in counter in W.P.No.466 of 2022 are stated as under: 5. In the counter affidavit filed by 5 th respondent in WP No.466 of 2022, wherein, while denying the allegations made in the petition, inter alia, stated that, for implementation facility management systems under G.O.Ms.No.123 HM&FW(1.1) Dept. Dt.04.04.2018, the Director of Medical Education, A.P. Vijayawada, decided to engage a single agency for all Government Hospitals to avoid payment of Different package rates for different hospitals in hiring the services of Data Entry Operators(Front Desk operators & Nursing orderly) department wise. Accordingly an agreement was entered by the DME on 31.07.2018 with M/s. Nakshatra House Keeping Services for supply of Manpower for a period 03 years for all Govt. Hospitals in the state. Basing on the same the agency supplied the manpower i.e., petitioners and they were continued up to 31.10.2021. In this regard, the outsourcing agency i.e., M/s. Nakshatra House Keeping Services, Nerrawada(v), Bhadripalli (p), Chapadu (m), Kadapa District been provided the following cadres outsourcing basis to Govt. General spital, Kurnool from November-2018 to 31.10.2021. 1. Front Desk Managers - 06 Members 2. Nursing Orderly - 42 Members The DME Vide Rc.No.DME/P1/2018, Dt.21.08.2018, has issued directions to pay the contract amount to the agency from the Dr. YSR Aarogyasri - HDS Funds of the Concerned Institutes (In this case GGH, Kurnool) only. In respect of petitioners, who were appointed through agency purely on temporary basis and their salaries paid from Arogyasri funds. Further they were continued up to the tenure /agreement with the Nakshtra agency and their services have been disengaged. It is further stated that, now the Government released certain posts of various categories vide G.O.Ms.No.140 & 141 HM&FW(A1) Deptt., Dt.17.11.2021 and directed to fill these posts by following the Rule of Reservation and Merit basis. As per the guidelines the service weightage has also been accorded to the persons appointed on temporary through outsourcing agencies including the petitioners. It is further stated that though the appointment orders of the petitioners were issued by the outsource agencies i.e., Nakshtra Housekeeping services, the petitioners claiming salaries through APCOS, However the entire salaries were paid from Arogyasri funds till their disengagement. It is further stated that though the appointment orders of the petitioners were issued by the outsource agencies i.e., Nakshtra Housekeeping services, the petitioners claiming salaries through APCOS, However the entire salaries were paid from Arogyasri funds till their disengagement. It is stated that, taking into consideration of their previous services the Government also issued guidelines according service weightage up maximum marks 15 accordingly a notification was issued on 30.11.2021. Most of the petitioners have applied for post of Data Entry operators/Nursing orderly. The notified vacancies in recruitment process have been started by giving a pure merit to all and the un-employees as well as to outsourcing employees by giving weightage. Therefore, the petitioners cannot find fault with the present selection process taken up by the Government on regular recruitment process. The Main contention of the petitioners that for continuing them in services and also regularize the services of the petitioners in time of Umadevi case, which is not permissible and the Judgment of the Umadevi case is not applicable to the present facts of the case. In this regard, there is no direct relationship between The petitioners as master servant. Further they were appointed by agency itself and the agency is no more existing w.e.f. 01.11.2021. Hence, the petitioners cannot Claim for continue of services and also regularize of services. The Umadevi’s case, which was relying by the petitioners’ is not applicable to the present facts and circumstances of the case. Hence, the writ petition liable to be dismissed. 6. The reply affidavit has been filed by the petitioners in WP No.466 of 2022. In the reply affidavit, it is stated that, some of the Petitioners who are physically disabled and widows even discharged their duties efficiently even at the oddest of times. The Petitioners effectively rendered their services during the time of Covid-19 Pandemic to serve the needy people and to several other ill patients. The Petitioners discharged their duties effectively in the pandemic period by risking their lives to render their services to Covid patients. Inspite of using the services of the Petitioners, the Respondent authorities have terminated the services of the Petitioners despite being merged into the said APCOS Corporation. Upon the termination from their respective posts by the Respondent authorities, the Petitioners and their respective family members were deprived of their fundamental rights guaranteed under Article 21 of the Indian Constitution. Inspite of using the services of the Petitioners, the Respondent authorities have terminated the services of the Petitioners despite being merged into the said APCOS Corporation. Upon the termination from their respective posts by the Respondent authorities, the Petitioners and their respective family members were deprived of their fundamental rights guaranteed under Article 21 of the Indian Constitution. Meanwhile, in some districts of the State, more particularly in Ananthapuram and SPSR Nellore Districts, the employees who were appointed initially through an agency to work in the Government General Hospitals and later merged into the APCOS Corporation are still working in the respective Government General Hospitals effectively and the remunerations are also being paid to them on time without any delay. But in the case of the petitioners, they were paid their salaries very belatedly and they were being illegally terminated. 7. Heard Sri Narra Srinivasa Rao, learned counsel appearing for the petitioners and learned Government Pleader for Services-IV appearing for the respondents. 8. On hearing, learned counsel while reiterating the averments made in the petitions, submits that, the Petitioners who have been discharging their duties were paid salaries regularly on time through the respective agency. The Nakshatra House Keeping Services agency paid salaries to the Petitioners from the month of November 2018 to June 2020. Later due to merging into the said Corporation, the Respondent authorities did not pay the monthly salaries with all benefits to the Petitioners from the month of July 2020. He further submits that, some of the Petitioners who are aged above 50 years and some of them are physically handicapped have been discharging their duties in the Government General Hospital, Kurnool under the Andhra Pradesh Corporation for Outsourced Services (APCOS) since 2018 without any interruption. But the Respondent authority issued the impugned Proceedings vide Rc. No. SPL/18 dated 30.10.2021 informing to Nakshatra Housekeeping services to withdraw the services of the Petitioners from the hospital from outsourcing from 31.10.2021. Learned counsel for the petitioners mainly contended that as per the guidelines Circular Memo No GAD01- SUOMISC/31/2019- SU-I dated 20.11.2019 the petitioners are under the employment of APCOS but not into the private agency Nakshatra Housekeeping Services. No. SPL/18 dated 30.10.2021 informing to Nakshatra Housekeeping services to withdraw the services of the Petitioners from the hospital from outsourcing from 31.10.2021. Learned counsel for the petitioners mainly contended that as per the guidelines Circular Memo No GAD01- SUOMISC/31/2019- SU-I dated 20.11.2019 the petitioners are under the employment of APCOS but not into the private agency Nakshatra Housekeeping Services. The petitioners who rendered their services efficiently even during the Covid-19 pandemic by risking their lives to serve the needy people and Covid patients but the respondent authorities without even considering the efficient and effective services of the petitioners terminated the petitioners from their respective posts without paying the monthly salaries. Therefore the action of the respondent authorities in not recognizing the services of all the petitioners is highly illegal and arbitrary. He further submits that as per decision of Hon’ble Supreme Court reported in Secretary, State of Karnataka and others vs. Umadevi and others, [http://Indiankanoon.org/doc/1591733], the petitioners are also entitled for regularization. Therefore, learned counsel for the petitioners requests this court to issue a direction to the respondent authority to continue the petitioners in the same position and pass appropriate orders. 9. Per contra, learned Government Pleader appearing for the respondents while reiterating the averments made in the counter affidavit, submits that, after uploading of some the outsourcing staff particulars, in APCOS portal, this APCOS portal was attached to regular pay bills site i.e., DO request, to upload the attendance particulars from the month of July 2020, to enable the DDO to process the regular GGH, Guntur staff salaries every month. The monthly payments of M/s. Nakshatra House Keeping Services, Hyderabad has been paid from the funds of Dr.YSR Aarogyasri HDS, GGH Guntur only. After termination of contract of outsourcing staff of M/s. Nakshathra House Keeping Services, Ashok Nagar, X Road, Hyderabad On 15.09.2021, the services of outsourcing staff were withdrawn by the agency and their particulars in APCOS portal were also deleted forthwith. He further submits that the 5 th respondent office also addressed and remainder letters were sent to the Director of Medical Education, A.P., Vijayawada to issue necessary directions of M/s. Nakshtra House Keeping Services, for continuation of services or any other directions. Thereafter, on 14.9.2021 the Director of Medical Education Vijayawada has issued telephonic instructions to disengage the services of M/s Nakshtra Housekeeping Services, Hyderabad immediately. Thereafter, on 14.9.2021 the Director of Medical Education Vijayawada has issued telephonic instructions to disengage the services of M/s Nakshtra Housekeeping Services, Hyderabad immediately. He further submits that the Director of Medical Education, A.P., Vijayawada vide Rc.No.9000/P1/2021-22, Dated 19.11.2021, has accorded permission for filling up sanctioned existing vacant posts, newly created additional posts of Paramedical cadres and other posts on Contract/Outsourcing basis in Government General Hospital, Guntur under the administrative control of the Director of Medical Education, A.P., Vijayawada through District Selection Committee and maintain rule of reservation in the recruitment process and should follow the conditions mentioned in the G.Os. Thereafter, a notification was also issued for calling applications from eligible candidates. In this regard, the experience certificates are issued to the petitioners whose service have been utilized through third party agency i.e., M/s Nakshtara Housekeeping Services, at Govt. General Hospital, Guntur as per their request. He mainly submits that there is no direct employer and employee relationship between the 5 th respondent office and the petitioners. They were engaged through outsourcing agency to meet daily work at Hospital. They were not appointed/recruited I any sanctioned posts or recruited by following the recruitment procedures. Only after the introduction of the APCOS, the posts were sanctioned by the Government and the Government itself acted as recruiting agency and completed the recruitment through the District Selection Committee by following merit and ROR. Therefore there are no merits in the instant petitions and are liable to be dismissed. 10. On a perusal of the material on record, this Court observed that, the Government has issued G.O.Ms.No.136 dated 04.11.2019 incorporating the Andhra Pradesh Corporation for Outsourced Services (APCOS) with an intention to stream line the appointments who have been working under various modes like outsourcing, contract and daily wages and to create transparent, accountable and sustainable outsourcing ecosystem in the State. Further, it is observed that, the petitioners who were working in the Government General Hospital, Kurnool through their Agency were merged into the said Corporation vide placement Intimation Letter vide PL NoPIL-DC- KNL-003672-230420210504 DATED 23.04.2021. 11. As seen from the Circular Memo No.GAD01-SUOMISC/31/2019- SU-I, dated 20.11.2019, wherein at Clause-1 , it was mentioned as under: 1. Further, it is observed that, the petitioners who were working in the Government General Hospital, Kurnool through their Agency were merged into the said Corporation vide placement Intimation Letter vide PL NoPIL-DC- KNL-003672-230420210504 DATED 23.04.2021. 11. As seen from the Circular Memo No.GAD01-SUOMISC/31/2019- SU-I, dated 20.11.2019, wherein at Clause-1 , it was mentioned as under: 1. The Corporation shall work to achieve the following outcomes: (i) Removal of Private Outsourcing Agencies / Middle Man (ii) Corruption free Outsourcing Placement iii) Implementation of 50% reservation for BC, SC, ST and Minorities and 50% reservation for Women iv) Timely & Full Payment of Remuneration without any undue cuts and (v) Proper credit of EPF and ESI. Clause 2 - Deals with guidelines for engage Outsourced Manpower: 2.1 For the purposes of engaging the outsourced employees who are working with the departments. * All the outsourced employees who are currently engaged shall be migrated to the APCOS, which will act as a placement agency * No employee who is engaged in outsourcing currently shall be removed. * For the purposes of migrating the outsourcing employee, the unit shall be the contract or the department where the employees are currently engaged * The contract or the department unit shall be assigned a unique code and the migration shall happen in toto. * Reservation shall be applied to the contractor or the department unit * While migrating the employees, proof of account number, EPF & ESI account shall be salary slip along with bank collected. 12. On a plain reading of the above Circular, in the present case, by virtue of above guidelines dated 20.11.2019 the petitioners have been migrated to the 5 th respondent hospital since the petitioners were working as outsourced employees. And after merging into the APCOS the petitioners were being paid salaries by the Corporation by way of transfer directly into their accounts from the month of July 2020. So, in view of the above, since the petitioners were merged into the said Corporation from the month of July 2020 the respondent authorities terminated the services of the petitioners on pretext of cease of contract period is highly illegal and arbitrary. Therefore, this Court is inclined to dispose of the writ petition while directing the respondent authorities to continue the petitioners in the same position without discharging their employment. Therefore, this Court is inclined to dispose of the writ petition while directing the respondent authorities to continue the petitioners in the same position without discharging their employment. With regard to regularization of services of the petitioners, as stated by learned counsel for the petitioners that in view of the directions of Umadevi ’s case, it is not applicable to the present facts of the case. 13. Accordingly, both the Writ Petitions are disposed of setting aside the impugned proceedings vide Rc.No.SPL/18 dated 30.10.2021 issued by the respondent authority. Further, the respondent authorities are directed to continue the services of the petitioners in the Andhra Pradesh Corporation for Outsourced Services (APCOS) in the same position from the date of termination i.e., from 30.10.2021 to till date. Further the respondents are also directed to pay the due salaries to the petitioners from the month of July 2020 to the date of termination i.e., upto 30.10.2021 with all relevant benefits of ESI, EPF, Gratuity, within a period of eight (08) weeks from the date of receipt of a copy of this order. 14. It is made clear that the petitioners are not entitled to claim any monetary benefits from the date of termination i.e., from 30.10.2021 to till date. No order as to costs. 15. As a sequel, all the pending miscellaneous applications shall stand closed.