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Mohammed Fasiuddin v. The Director of Public Health and Family Welfare

Court: High Court for State of Telangana

Bench: ABHINAND KUMAR SHAVILI

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-12-28. Mohammed Fasiuddin v. The Director of Public Health and Family Welfare. Read the judgment and...

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NOs. 15427 AND 15441 OF 2020 WRIT PETITIO N NO. 1s427 0F 2020 Between: '1 years, . Mohammed Fasiuddin, S/o. Khaja lvlohiuddin, Aged about 43 164t311 , Telangana Colony, Warangal. Z. n. Siqdr, S/o. "Veeraswariry, Aged-about 43 years, R/o. H No 20-13-146, Warangal East, Warangal. a. f. Venioooal Reddv, 5/o. Narsi Reddy, Aged about 50 years, R/o Kistagudem' Kundarim Post, Linbalaganpur ItIandal, Jangam, Warangal' 4. A. i'e;. Prisao, s"lo. koriuraian' Ageo iuoui 45 yeZrs, RJo. Ellanda WaradhannaPet N/andal, Warangal. 5. ih;ta i;;re5n kumar,'S/o. Esiwaraiah, Aged about 43' Fl/o. H No tvlachilibazar, Hanmakonda, Warangal. 6. M;;d;h Linga;rrthv, S/o. KanakaTah, Age-d about 47 years, R/o H " FJpJi"ripEi Fosi a Vitiage crrennaraopeitr,tandal,. wardngal Rular, w.

arangaL, -SLrerrjei, z. rrriirani Siol Rajaiah, Agjed about 47 veais, lR/o' H. 'No HYlqr, Papaiahpet Post & Village, Chennaraopet Mandal, Warangal ry31? lS1' Aged about ye-ars, R/o. ' H 8. i;t6th;'S;nlvis, S/o. fharachand, 39 Rular, Warangal' Jatothu Thanda, Eluguru Post, Sangam. Mandal, -Warangal pjpa'ian' Aged about 45 Ri"/o H No s. b,;iiU6itii Srire'sn,-51'c vearE' Kashibugga, Warangal. ro. petfoiu Fiasad, S/olNarsimha Chary, Aged about 45 years, R/o' H Venk'annakunta, Jangam, Warangal. tf. CiennJmaOnivunl S"uOnarshan Raju, S/o. Laxman Raju, Aged about 53 R/o. H. No. 4-34, Bachannapet Post & Mandal' Jangam waranoal' 'abou-t (u-mjr, 42 FUo r z. i<bieri br,iua- s)J. -V,jn-r,uiLi, Aged vearc. - I\ilettawada, Warangal Urban, Warangal. . about 44 yea$, H r:. e. -Viij;-Rbi. S/o. "8. soimbn, Age-d Ri/o No' Pochlmmaidan, Warangal. chinthal rhanda 14. b;il;iti;3itivb, slc. tVti"sva, Asqq about. 46 vears,]t/o . 16 pbst, War'angal Rural, Warangal- V. irrili.

r,jroem Chenni'ra6pe"t Mandal, about 51 R/o' 15 B:'5;;fiT-{"oou. -51o. cnunora Reoov' Aged vears, - Vitrioe. Damera i'vlandal, Warangal Rural, Warangal' Narasimha lr/bonhy, Aged about ro. i. "'V'e-nraGsr,Gii-$triira, S/5. Warangal No. 12-1OOl1 Parkal, Rural, warangal' , Brahmana Street, jiamarilai, Aged about 48 years, R/o. Elukurthy Haveli r z. il". 57o. V"ntiatriah, Rural, Warangal. ' Geesuoonda Mandal, Warangal 's/;. Asied about 41 Fr/o 18. 5. '? l;#;; k;;;;, tliminarav'ana, vears' Warangal Rural, Waranga .. pETlTloNERS AND Family welfare, Government The Director of Public Health & of 1 Hvderabad. pfincipat Secretary, Heatth, Medical 2 ii" s[tEtt Tetangana, rep. by its Welfare Deoarlment, Secretariat, Hyderabad. J i'n-" Oi. tii. l"vteOiCat ana Health Officer, Warangal, Warangal District' District 4 The District Collector, Warangal' Warangal ...

RESPONDENTS praying Petition under Article 226 ol lhe constitution of lndia High Court may be circumstances stated in the affidavit filed therewith, the the or direction more particularly one in to issue an appropriate writ, order of the Respondents in not considering the Writ of Mandamus to declare the action case of the petitioners for appointment to the post of tVultipurpose Health Assistants (MPHA) (M), even though they secured more marks than the candidates reappointed vide G. O. Rt. No. 1207, dt: 09. 10. 2013, inspite of the orders of this Hon'ble High Court in WVMP. No. 212012015 in W. P. No. 3178/2014 dt: 15. 09. 2015, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 & 21 of the Constitution of lndia and consequently, direct the Respondents to appoint the Petitioners to the post of MPHAs(M), as they have secured more marks than the candidates reappointed vide G. O. Rt. No. 1207, dt:09. 10.

2013, strictly by implementing orders of this Hon'ble Court in WVMP. No. 212012015 in W. P. No. 317812014 dated 15. 09. 2015, as was done in respect of similarly placed persons, with all service and monitory benefits. lA NO: 1 OF 2O2O 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 Respondents, to consider the representation of the Petitioners dt 03. 02. 2020, 11. 02. 2020 & 19. 02. 2020 regarding their appointment to the post of MpHAs(M), strictly by implementing the orders of this Hon'ble High Court dt: 15. 09. 2015, in WVMP. No. 212012015 in W. P. No. 3178/20'14, keeping in view of the merit marks secured by them, in preference to the candidates reappointed vide G. O. Rt. No. 1207, dl:09. 10. 2013, as was done in respect of similarly placed persons. wRlT PET|T|ON NO. 1s441 0F 2020 Between: 1. Mittapally Govardhan, S/o. Janardhan, Aqed about 40 vears. Ryo.

Linoala Village, Regonda Mandal, JS Bhupallapaly, Warangal. 2. A. Ashok Kuma1, S1o. Sammaiah, Aged about 44 years, Fl/o. Repaka Viilage, Regonda Mandal, JS Bhupallapaly, Wbrangal. 3. P. Ramu, S/o. Ramanaiah, Aged about 41 years, R7o. Repaka Village, Regonda Mandal, JS Bhupallapaly, Waiangal. 4. P. Suman Kumar, S/o. Ailaiah, Aged about 43 years, Rt/o. Repaka Village, Regonda tvlandal, JS Bhupallapaly, Warangal. 5. M. Surender, S/o. Narsaiah, Aged abou[ 44 years, R/o. CSI Colony, parkal Mandal, Warangal. 6 Rqjq,. S/o. Shankaraiah, Aged about 44 years, R/o. post, parkal Jr Chattapalty Mandal. Waranoal. "S/o. 7. M- Murelidhar, Raja Pochaiah, Aged about 45 years, Rl/o. Parkal Viltage, Warangal. B. Boddula Vamana Swamy, S/o. Mallesham, Aged about 40 years, FVo. Kotanch Village, Regonda Mandal, Warangal. 9. [\/. Vasudeva Reddy, S/o. Sbmbashiva Reddy, Aged about 41 years, Rl/o. Cherlapally Village, Parkal Mandal, Waranqal. 10. Aldi Suresh, S/o. Saraiah, Aged about 44 years, Rl/o.

Parkal Villaqe, Waranqal. 11. Aldi Ramesh Babu, S/o. Saraiah, Aged about 51 years, RUo. Parkal Vllage, Warangal. ... PETITIONERS AND 1 The Director of Public Health & Family Welfare, Government of Telangana, Hyderabad. 2 The Sta. te Telangana, rep. by its Principal Secretary, Health, Medical and -of Family Welfare Department, Secretariat, Hvderabad. r) The District Medical and Health Officer, WSrangal, Warangal District. 4 The District Collector, Warangal, Warangal Dis[rict. ...

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioners for appointment to the post of I\,4ultipurpose Health Assistants (MPHA) (M), even though they secured more marks than the candidates reappointed vide G. O. Rt. No. 1207, dt: 09. 10. 2013, inspite of the orders of this Hon'ble High Court in WVIVP. No. 212012015 in W. P. No. 3178/2014 dt: 15. 09. 2015, as illegat, arbitrary, discriminatory and violative of Articles 14, 16 & 21 of the Constitution of lndia and consequently, direct the Respondents to appoint the Petitioners to the post of MPHAs (M), as they have secured more marks than the candidates re-appointed vide G. O. Rt. No. 12O7, dt 09. 10.

2013, strictly by implementing orders of this Hon'ble Coud in WVMP. No. 212012015 in W. P. No. 317812014 dated 15. 09. 2015, as was done in respect of similarly placed persons, with all service and monitory benefits. lA NO:'l OF 2020 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 Respondents, to consider the representations of the Petitioners dt:24. 02. 2020 and 02. 03. 2020, regarding their appointment to the post of MPHAs(t\/), strictly by implementing the orders of this Hon'ble High Court dt: 15. 09. 2015, in WVIr/P. No. 212012015 in W. P. No. 317812014, keeping in view of the merit marks secured by them, in preference to the candidates reappointed vide G. O. Rt. No. 1207, dt: 09. 10. 2013, as was done in respect of similarly placed persons.

Counsel for the Petitioners in both the Petitions: SRI POODATTU AMARENDER Counsel for the Respondents in both the Petitions: GP FOR SERVICES - ll The Court made the following: COMMON ORDER THE HON'BIE SRI JUSTICE ABHINAND KUMAR SHAVITI WR|T PETIT|ON Nos. t5427 ond 15441 of 2O2O COMMON ORDER: Since lhe issue roised in these two writ pelilions is one ond the some, they ore being disposed of of the odmission stoge wirh the consent of both porties. Heord Mr. p. Amorender, leorned counsel oppeoring for the petitioners ond the leorned Government pleoder for Services_ll oppeoring for the respondents. For lhe soke of convenience, the focls in W. p. No. l 5422 of 2020 ore discussed hereunder :_ W. P. No. lS42Z ot 2O2O is filed seeking the following relief: "....

to issue an appropriate writ, order or direction more particularty one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the case of the petitioners for appointment to the post of Muttipurpose Heatth Assistants (MPHA) (M) even though they secured more marks than the candidates reappointed vide c. O. Rt. No. 1ZO7 dt. 09. 10. 2013 in spite of the orders of this Honbte High Courr in WVMP No. 2120l2015 in W. P. No. 3178/2014 dt.. 15. 09. 2015 as ittegat, arbitrary, discriminatory and viotative of Artictes 14, 16 and 21 of the Constitution of lndia and consequentty direct the Respondents to appoint petitioners the to the post of MPHAS(M), as they have secured more marks than the candidates reappointed vide G. O. Rt. No.. 1207, dt. 09. 10. 2013 strictty by implementing orders of this Honbte Court in WVMp. No. 212 O/2015 in W. p. No. 3178/2014 dated 15. 09. 2015 as was done in respect of simitarty placed persons with att service and ,,.

monitory benefits..... It hos been contended by lhe pelitioners thot they ore fully eligible ond quolified to be oppointed os Mulli purpose Heolth Assistonls ond in pursuonce of the Nolificqlion, the respondents hove finolized lhe seleclion process ond given oppointment orders to the selecled condidotes vide G. O. Rt. No. l207 doted 09. 10. 2013. They hove secured more morks thon the persons, who hove selected ond the issue come up for considerqlion before the Hon'ble Division Bench of this Court in W. P. No. 3B060 of 2013 ond bolch ond the Hon'ble Division Bench wos pleosed io gronl inlerim order ond when vocote stoy opplicolion wos filed, the Hon'ble Division Bench hos modified the eorlier order ond possed lhe inierim order on 15. 09. 2015. The operoiive porlion of the inlerim order gronled on 15. 09. 2015 reods os follows:- "..... ,..

1n these set of circumstances, as the ends of justice woutd be met with adequately, we direct both the States, name[y, the State of Andhra Pradesh and the State of Telangana, to offer appointments as Mutti Purpose Health Assistants (Mate) to the respective candidates in each District under their respective administrative controt, who secured more marks than any of those candidates to whom the appointment as contract basis has been offered pursuant to the recommendations made by the group of Ministers which was accepted by the State Government through their G. O. Rt. No. '1207 and such candidates shat[ also be offered and be subjected to the same terms and conditions and if they accept the same they can be taken into services' Let this exercise in the respective Districts be compteted within a maximum period of two months. With this modification, the WVMPs stand ordered. List att these writ petitions under the caption 'part-heard' after a coupte of weeks.

This order shatt not be construed as a reflection of our opinion that the lzOO candidates who have been offered emptoyment on contract basis pursuant to the orders contained in G. O. Ms. No. 1207 dated 09. 10'2013 shatl be discontinued. " The obove soid order is implemented in lhe Stote of Andhro Prodesh. Leorned counsel oppeoring for the petilioners hod contended lhol the pelilioners ore olso stonding on the some footing. The pelilioners hove secured more morks thon the persons, who were selected vide G. O. Rt. No. l207 doted 09. lO. 2Ot3. The petitioners hove submilled detoiled representotions on 03. 02. 2020. 10. 02. 2020 ond 19. 02. 2020 requesting the respondenls 1o consider their cose for oppointment to the post of purpose Murti Heorth Assistonl in terms of the interim order possed by the Division Bench of this Court in W. p. No. 3B06O of 20l3 ond bolch, doted 15. 09. 2015. But, so for, the respondents hqve nol possed ony orders on the soid representotions.

Therefore, the leorned counsel submits thol oppropriote orders be possed in the wril pelition direciing the respondents to consider the representotions submilled by the petitioners ond poss oppropriote orders by dury toking into occounl fhe interim order possed by the Division Bench of this Courl in W. P. No. 38060 of 2013 ond botch, doted 15. 09. 20t5. Leorned Governmenl pleoder oppeoring for the respondenls contended thot botch of writ petitions ore pending before the Division Bench of this Court. However, since the representotions of both the pelitioners ore pending before the respondents, the respondenls would consider the some ond poss oppropriote orders in occordonce with low. This Courl, hoving considered the rivol submissions mode by lhe porties, is of the considered view thoi these wril pelilions con be disposed of dkecting the respondenrs to consider the representotionssUbmittedbythepetitionersinW. P. No. l542lol2020 on 03. 02. 2020, 10. 02. 2020 ond 19. 02.

2020 ond the petitioners in W. P. No. lS44l ot 2O2O on 24. 02. 2020 ond 02'03'2020 ond poss opproprioie orders by duly toking into occouni the interim order possed by the Division Bench of this Court in W P'No'38060 of 2013 ond botch, doted 15. 09. 2015, wiihin o reosonoble period' preferobly wilhin o period of eight weeks from the dote of receipi of o copy of this order. With the obove observolions, these wril petitions ore disposed of. No costs. if ony, sholl stond closed' Pending miscelloneous peliiions, S D/. N. CHANDRA SEKHAR RA I ASSISTANT REGIS T //TRUE COPY// SECTION OFFICER To. '1. The Director of Public Health & Family welfare, Government of Telangana' Hvderabad. 2. ThePrincipalsecretary,Health,IvledicalandFamilyWelfareDepartment,State of Telangana, Secretariat. Hyderabad' :. ine oistiiit irledicat Jno ieirtr,-ott,cer. warangal, warangal District. i. iiie oiiiriii Coliector' Warangal, Warangal District' "Cc'i;'siiioooaitu Amalender, Advocate [oPUcl 6 o;; 6.

Two CCs to Gp f";"S;ili;;'fli, High Coui't for ihe State of Telangana at Hyderabad lOUTl 7. Two CD CoPies. IVP \ ^-' HIGH COURT DATED:2811212020 F 1 H tA o o 0 7 z JAil m2l o t * r-! r:A. T COMMON ORDER W. P. NOs. 15427 AND 15441 OF 2020 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS 9.. 5v. ",x\'

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